The "strength" of patent systems

Gaetan de Rassenfosse

Papers from arXiv.org

Abstract: Patent systems vary widely in how rigorously they define and enforce inventors' rights. On one hand, formal statutes ("law on the books") set the scope of what can be patented and outline procedural safeguards. On the other hand, actual enforcement ("law in practice") determines whether those rights hold up in practice. To capture these dimensions, researchers have developed simple indices of legal provisions and more nuanced proxies for enforcement effectiveness, along with metrics of how applicant-friendly each office's procedures are. Comparative studies of "twin patents" -- identical inventions filed in multiple jurisdictions -- reveal systematic differences in grant rates and bar heights across major offices. By combining these approaches, we gain a multifaceted view of patent-system strength that balances statutory design, administrative practice, and actual enforcement. This perspective is crucial for understanding how different regimes support innovation and shape global knowledge flows.

Date: 2025-05, Revised 2025-05
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