The Disciplinary Effect of Post-Grant Review
Markus Nagler and
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Markus Nagler: LMU Munich
Stefan Sorg: MPI for Innovation and Competition
No 155, Rationality and Competition Discussion Paper Series from CRC TRR 190 Rationality and Competition
We study the causal impact of invalidating marginally valid patents during post-grant opposition at the European Patent Office on affected inventors\' subsequent patenting. We exploit exogenous variation in invalidation by leveraging the participation of a patent\'s original examiner in the opposition division as an instrument. We find a disciplinary effect of invalidation: Affected inventors file 20% fewer patent applications in the decade after the decision. This effect is entirely driven by a reduction in low-quality filings, i.e., filings that examiners associate with prior art that threatens the application\'s novelty or inventive step. We do not observe shifts into national patenting.
Keywords: inventors; marginal patents; patent invalidation; patent opposition; postgrant review; epo; innovation (search for similar items in EconPapers)
JEL-codes: O31 O34 (search for similar items in EconPapers)
New Economics Papers: this item is included in nep-eur, nep-ino and nep-ipr
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