Obstacles to prior art searching by the trilateral patent offices: empirical evidence from International Search Reports

Tetsuo Wada ()
Additional contact information
Tetsuo Wada: Gakushuin University

Scientometrics, 2016, vol. 107, issue 2, No 21, 722 pages

Abstract: Abstract Despite many empirical studies having been carried out on examiner patent citations, few have scrutinized the obstacles to prior art searching when adding patent citations during patent prosecution at patent offices. This analysis takes advantage of the longitudinal gap between an International Search Report (ISR) as required by the Patent Cooperation Treaty (PCT) and subsequent national examination procedures. We investigate whether several kinds of distance actually affect the probability that prior art is detected at the time of an ISR; this occurs much earlier than in national phase examinations. Based on triadic PCT applications between 2002 and 2005 for the trilateral patent offices (the European Patent Office, the US Patent and Trademark Office, and the Japan Patent Office) and their family-level citations made by the trilateral offices, we find evidence that geographical distance negatively affects the probability of capture of prior patents in an ISR. In addition, the technological complexity of an application negatively affects the probability of capture, whereas the volume of forward citations of prior art affects it positively. These results demonstrate the presence of obstacles to searching at patent offices, and suggest ways to design work sharing by patent offices, such that the duplication of search costs arises only when patent office search horizons overlap.

Keywords: Examiner citations; International Search Report (ISR); International patent families; Patent Cooperation Treaty (PCT); Prior art search; Triadic patents (search for similar items in EconPapers)
Date: 2016
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (10)

Downloads: (external link)
http://link.springer.com/10.1007/s11192-016-1858-9 Abstract (text/html)
Access to the full text of the articles in this series is restricted.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:spr:scient:v:107:y:2016:i:2:d:10.1007_s11192-016-1858-9

Ordering information: This journal article can be ordered from
http://www.springer.com/economics/journal/11192

DOI: 10.1007/s11192-016-1858-9

Access Statistics for this article

Scientometrics is currently edited by Wolfgang Glänzel

More articles in Scientometrics from Springer, Akadémiai Kiadó
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().