Law360, New York (May 13, 2016, 12:15 PM ET) -Obviousness-type double patenting (ODP) is a judicially created doctrine intended to prevent an improper timewise extension of patent rights by prohibiting the issuance to a single entity of claims in a second patent which are not "patentably distinct" from the claims of a first patent.[1] Claims are not patentably distinct from each other if one cl...

A special characteristic of the patent system is that it features multiple patent-policy levers that can be employed by policymakers. In this study, we develop a quality-ladder model to analyze the optimal mix of patent instruments. Speci…cally, we consider (a) patent breadth and (b) the division of pro…t in research joint ventures. We analytically derive optimal patent policies and then calibr...

When firms can protect their innovations by secrecy or lead-time, the additional effect of patent protection is not obvious. This paper shows that when firms compete for a single innovation, patent protection still increases R&D investment but decreases social welfare due to over-investment. However, when firms compete for multiple complementary patents (called a patent portfolio), patent prote...

Patent specifications consist of patent claims and detailed descriptions. While patent claims are the most important part of patent specifications, they are compositionally or combinationally described and difficult to read. By aligning patent claims with detailed description, the readability of patent claims can be improved because paraphrases for the claims can be found. In this paper, we pro...

This paper examines the administrative practices of the patent offices in sixty countries over a 150-year period, a little-explored arena where government bodies and private firms interact. Larger and wealthier countries where international trade is more important give patent applicants more options. In these nations, patent office administrators’ flexibility is often restricted and the respons...

The purpose of this article is to consider problematic issues regarding unfair competition in patent law, particular, trolling. For purpose, the concepts «patent trolling» and troll» were analyzed. Types trolls are also defined. signs peculiarities trolling Ukraine reasons for its spread established. manifestation competition, consisting abuse intellectual property rights, considered. Recommend...

Building on insights gained from interviewing administrators and patent examiners at the United States Patent and Trademark Office (USPTO), we collect and analyze a novel dataset on patent examiners and patent outcomes. This dataset is based on 182 patents for which the Court of Appeals for the Federal Circuit (CAFC) ruled on validity between 1997 and 2000. For each patent, we identify a USPTO ...

The creation of the Court of Appeals for the Federal Circuit is widely regarded as an improvement in the system of patent litigation in the United States. However, there is still support for the creation of a specialized patent court at the trial level. Much of the support for the creation of such a court derives from the argument that most judges have too little experience to be familiar with ...

Post-grant validity challenges at patent offices rely on the private initiative of third parties to correct mistakes made by patent offices. We hypothesize that incentives to bring post-grant validity challenges are reduced when many firms benefit from revocation of a patent and when firms are caught up in patent thickets. Using data on opposition against patents at the European Patent Office w...