Valuable Patents

Valuable Patents
92 Geo. L. J. 435
Bluebook cite
John R. Allison ET. AL., Valuable Patents, 92 Geo. L. J. 435 (Mar. 2004)
John R. Allison ET. AL.
92 GEO. L.J. 435
Item Type
... Inventors come up with a new idea, hire a lawyer, write a patent application, spend years in the arcane and labyrinthine procedures of the U.S. Patent and Trademark Office (PTO), get a patent, and then . . . nothing. ... That valuable patents are subject to a more intensive prosecution process — they have more claims, cite more prior art, and
take more time to issue as patents — could suggest that the much-maligned PTO is doing a better job than expected in evaluating the patents that really matter, or it could mean that patent examiners are buried in paper by those critical applications. ... While not every valuable patent is necessarily litigated, we believe that the relationship is strong enough
to justify the conclusion that litigated patents are a good proxy for valuable patents. ... We obtained the issued patent data from Bronwyn Hall's publicly available database. ... The additional variables we have included in the sample study include prior art citations not just to U.S. patents, but to foreign patents and non-patent prior art, the nationality of the patent owners, whether the patent owner qualified for "small entity" status in the PTO, and a much more accurate and nuanced assessment of the invention's area of technology. ... Regardless of the specific litigation patterns in any given industry, our data clearly demonstrate that patents in some industries are far more likely to be valuable than patents in
other industries. ...

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Wednesday 10 of June, 2009 14:16:27 GMT
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