Twenty years of US nanopatenting: Maintenance renewal scoring as an indicator of patent value

This paper introduces a new measure of patent value – Maintenance Renewal Score (MRSc) – reflecting assignee valuing the patent by paying successive renewal fees. We generate MRSc's for nanotechnology patents issued by the US Patent Office from 1999 through 2009, with US assignees and US inventors. Patenting increases over this period, coincident with increased US funding of nanotechnology R&D. We compare maintenance rates over the period, and against a comparison set of all 1999 USPTO grants to US inventors/assignees. We find differences in propensity to maintain the nanopatents by institution type, technological sector, and patent complexity.     

Patent data analytics for technology benchmarking: R-based implementation

We have utilized data analytics techniques to produce highly detailed, accurate, and actionable insights on patent data to enable the decision makers to take informed decisions. We have developed a unique method to help business professionals easily understand the patent landscape around a particular technology domain. The data inputs for the analyses are the patent statistics and the organization's technology priorities. We have used and implemented clustering algorithms on the patent data while considering the organization's technology priorities to identify solutions that can help organizations gain a competitive advantage, identify potential collaboration targets, technology-product alignment, business decision making, strategy planning and other strategic decisions.     

The persistence of worthless patents?

The U.S. patent system requires owners to pay renewal fees at the four, eight, and twelve-year points of the patent's life of twenty years. Previous studies of renewal rates for patents granted over 1981–1991 and 2001–2004 show only around half of the patents were renewed by the twelfth year—leading some scholars to refer to this majority of patents as ‘worthless’. Much has changed in the world since patent renewal fees began in 1981, however. This paper investigates whether patent renewal rates changed correspondingly. Among those changes, the sheer volume of patents increased substantially, creating a challenge for collating patent data. A web scraper was coded to collect renewal rate data on 2.5 million utility patents issued from 1992 to 2009—the most recent patents for which twelve-year renewal rates are available. We find, somewhat surprisingly, that patent renewal rates are virtually unchanged from several years ago. We present and discuss related data, and present the underlying computer code that patent researchers may find useful for investigating a wide range of topics in the future.     

European patent opposition outcomes in biotechnology

Oppositions to patent grants are a means to attack competitors and protect a firm's own patent portfolio. Extant literature has analyzed the determinants of oppositions, while the drivers of opposition outcomes are less known. We study 290 EPO biotech patent oppositions filed in 2012–2019. There are three possible outcomes of opposition proceedings: patent revocation, patent amendment, and opposition rejection. We find that opponents who know the patent's technology are more likely to obtain a patent revocation, while opponents who compete in the product market with the patent owner are more likely to receive a rejection.     

Legal Validity Metrics for Patent Offices and Law Firms – Recycling of Patent Court Appeal Decisions for Quality Management

In all relevant patent systems an adversely affected party has the possibility to appeal the patent office's decision in front of a patent court or Board of Appeal (BoA). Within a European context, the EPO is, in a way, even engaging in de facto competition with national patent offices. As an example, the German Patent and Trademark Office (DPMA) provides quasi identical patent products and offers the same kind of legal recourse to the German patent court (BPatGer) for these products. Both offices offer an opposition procedure which is open for appeal, and also in the case of a refusal, both offices offer the possibility of appeals. Thus, the EPO Boards of Appeal are engaged in making decisions every year on around 2000 cases and, e.g., the BPatGer on 600 cases regarding the legal validity of the first instance's work. It is thus remarkable that, so far, nobody has systematically included the work of the patent courts in a statistical legal validity evaluation in the context of the Patent & Trademark Offices' (PTOs') quality assurance systems.Since there is obviously a need to establish a common standard for the comparison of first and second instance legal teachings in patent law, a methodology for comparative legal validity analysis is proposed in this paper. I have tested and optimised the approach while working as a project manager at the European Patent Office, based on analysis of 2300 appeal decisions from seven annual batches.     

The patent activities of Korea and Taiwan: a comparative case study of patent statistics

This paper examines the patent grant rate of Korea and Taiwan by using the country-level patent statistics of Korea, Taiwan and USA during the period of 1988–1998. The patent grant rate means the rate of US patent grants to the applications filed in USA during the investigated years. To measure the grant rate, a model was developed for the methodological procedure. In the framework of the model, the process of patent dynamics in these countries shows different patterns. The financial crisis of Korea in 1998–1999 influenced the number of domestic patent applications by Koreans, resulting in the rapid decrease. The US patent application rate by Koreans, however, was not affected, keeping the average rate of applications at 7.5% of the Korean applications during the investigated period. The rate of US patent grants by Koreans in the early 1990s dropped, which can be explained by the change of patent strategy of Samsung Elec. Co. Ltd.Taiwan, on the other hand, had filed 160% more US patent applications than its own domestic applications. The authors suggest that this is attributable to some US patent applications corresponding to Taiwanese domestic applications for utility models, and that this may be a factor in the lower rate of Taiwanese US patent grants (average 53.4%) than that of Koreans (average 66.3%). The rate of US patent grants by Taiwanese has constantly increased, while that for Koreans has fluctuated; the authors conjecture that this implies that Taiwanese patent management for the US patents has improved.     

Citations as a measure of technological impact: A review of forward citation-based measures

The number of forward citations a patent receives accumulates over time and appears to be correlated to the patent‘s (i.e. invention's) technological impact. A dominant theory suggests that highly cited patents contain an important technological advance. However, a variety of citation based measures have been proposed by different authors. This study, via a narrative literature review, identified nine forward citation-based measures that appear of particular relevance. We describe each measure and present them in a comparative format.The measures are divided into two broad categories: firstly the ones that are particularly relevant to the patent level (citation index, forward citation frequency, generality, influence), and secondly the ones that are relevant to the patent portfolio level (current impact index, herfindal-hirschman index, hindrance index, relative patent position, technology strength).We hope research scholars and industrial users find this review helpful for citation analysis and intellectual property analytics, especially when wanting to employ forward citation-based measures to assess technological impact.     

Measuring patent quality: A claim and search report approach

This paper presents a new prospective metric for assessing the novelty and inventiveness of patents. It does this by using initial patent search reports and examiner's intuition about the impact of adverse citations on patent claim survival. The paper then demonstrates the metric by evaluating the quality of Switzerland's national patent stock using a selection model, finding that between 84 and 90% of the country's national patents would likely not survive examination at the European Patent Office. In doing so, it contributes to the larger literature on patent assessment, underscores the relevance of patent strategy in the observed characteristics of patents, and removes some of the ambiguity in the academic literature about backward citations.     

Academic response to the European Commission’s Questionnaire on the patent system in Europe: An economic approach

This paper presents an economic opinion on the questionnaire on the European patent system that was recently issued by the European Commission. We argue that the debate on patent reform in Europe needs to be more focused on its economic purpose, namely the promotion of innovation. As a first step we unfold sub-issues and trade-offs underlying the general and consensual goal which “promoting innovation” is. We contrast the protection and diffusion functions of the patent system, both of which must be taken into account in order to create an original European patent regime geared towards innovation. We also emphasize the possibility for the European patent system to answer more specific needs, such as those of small and medium enterprises or those of industries with highly cumulative innovations. We discuss as the second step the capacity of the European patent system to achieve these policy goals through various levers. We especially argue that patent fees or translation requirements should be viewed as policy instruments rather than as in a purely budgetary perspective. We moreover consider the positive or negative consequences one can expect from the coexistence of different patent systems in Europe.     

Patent analyses in the changed legal regime of the US Patent Law since 2001

In 2001, a new ruling for the publication of patent applications at the United States Patent and Trademark Office came into effect. Since then, all applications which are also filed with foreign offices have to be published 18 months after the application date, in analogy to the ruling in Europe and Japan. This new regime replaces the former system where only granted patents were published. With about 70% of all applications the share of pre-grant publications of applications of US origin is quite high, allowing new types of statistical analysis. In particular, the investigations of time series based on priority years instead of grant years can thus be performed much more topically. On the one hand, a larger dataset for applications of US origin is available; on the other hand, the sample of applications from Asian countries is generally much larger at the US Patent Office than at the European Patent Office. Despite these new opportunities, searches at low levels of aggregation by codes of the International Patent Classification still have to be handled with care.     

The relationship between patent age and selling price across bundling strategies for United States patents,predominately for computer and communication technology

The age at which a patent yields maximum price remains under explored. This paper attempts to demystify the patent age-price relationship using 510 US patents sold in US auctions. Results show computer and communication singletons sold during second half of their life (∼after10 years 2 months) exhibit significantly higher price than those sold before. No such relationship came significant for the portfolios sold. Further, age-price relationships are analysed with different bundling strategies composed of different patent family types and others, and technology fields as controls. The paper concludes with discussing the managerial implications.     

Who influences USPTO patent examiners?

We test for evidence that the patent attorney has an extra-ordinary influence on the patent examiner using data on examiner citations of 93 608 patent applications to the USPTO. We find that examiners cite patents from the same patent attorney (as used for the focal application) at an abnormally high rate. This evidence is consistent with the view that attorneys are influencing the examiners reports. Coupled with new evidence that non-blocking examiner citations have a positive effect on the grant decision, this suggest that the grant decision may be compromised.     

The prevalence of weak patents in the United States: A new method to identify weak patents and the implications for patent policy

The presence of patents with dubious validity (i.e., weak patents) has been one of the prominent patent policy issues with undesirable consequences in innovation. The present study empirically examines the prevalence of weak patents in the United States and whether or not the current patent system is capable of correcting weak patent issues. To this end, we propose a new method to identify weak patents by using patent citation information in conjunction with the textual similarity between citing and cited patents. Our method, along with a series of internal validation measures, shows that 13% of U.S. patents filed from 2001 to 2010 are weak patents. By applying this new method, we find that patent owners build a patent portfolio around a weak patent by developing subsequent inventions more than they do for a non-weak patent. Our further analysis finds that a weak patent is more or equally likely to be retained by the patent owner than a non-weak patent. Our findings suggest that patent owners have an incentive to invest in maintaining and appropriating weak patents, and thus, the current patent system is incapable of self-correcting weak patent issues.     

Patent attorney as technology intermediary: A patent attorney-facilitated model of technology transfer in developing countries

Technology transfer (TT) is gaining popularity in the developing countries, but there exist barriers impeding the transfer. Technology intermediaries are believed to be able to mitigate such barriers in the literature, which however seldom considers patent attorneys. We contribute to the extant literature by highlighting that patent attorneys could facilitate TT, particularly in the developing countries (e.g., China). We propose a model to specify how patent attorneys can leverage their expertise and resource to motivate technology players to engage in TT, to identify the potential supply and demand of TT as well as to establish comprehensive IPR protection for TT.     

Identifying patent infringement using SAO based semantic technological similarities

Companies should investigate possible patent infringement and cope with potential risks because patent litigation may have a tremendous financial impact. An important factor to identify the possibility of patent infringement is the technological similarity among patents, so this paper considered technological similarity as a criterion for judging the possibility of infringement. Technological similarities can be measured by transforming patent documents into abstracted forms which contain specific technological key-findings and structural relationships among technological components in the invention. Although keyword-based technological similarity has been widely adopted for patent analysis related research, it is inadequate for identifying patent infringement because a keyword vector cannot reflect specific technological key-findings and structural relationships among technological components. As a remedy, this paper exploited a subject–action–object (SAO) based semantic technological similarity. An SAO structure explicitly describes the structural relationships among technological components in the patent, and the set of SAO structures is considered to be a detailed picture of the inventor’s expertise, which is the specific key-findings in the patent. Therefore, an SAO based semantic technological similarity can identify patent infringement. Semantic similarity between SAO structures is automatically measured using SAO based semantic similarity measurement method using WordNet, and the technological relationships among patents were mapped onto a 2-dimensional space using multidimensional scaling (MDS). Furthermore, a clustering algorithm is used to automatically suggest possible patent infringement cases, allowing large sets of patents to be handled with minimal effort by human experts. The proposed method will be verified by detecting real patent infringement in prostate cancer treatment technology, and we expect this method to relieve human experts’ work in identifying patent infringement.     

Patents as technological information in Latin America

This study shows the importance of patents as a source of technological information in Latin America. We studied the industrial property offices’ websites and the kind of patent information available such as laws, gazette, statistics, cost, forms, and contacts. We found at the USPTO and PCT websites the quantity of patent applications from applicants in Latin American countries filed in these offices. Brazil and Mexico in particular provide information on their websites to anyone interested in filing patent applications, searching patents and using patents as a source of technological information. This work shows that the quantity of patent applications is only slowly increasing in Latin America. Thus, each one of the 21 countries of Latin America needs to have a policy of dissemination of the importance of the patent system as a source of technological information to increase research and innovation in their countries.     

International comparative study on nanofiltration membrane technology based on relevant publications and patents

This study adopts a bibliometric approach to quantitatively assess current research trends in nanofiltration membrane technology (NFM), a new membrane separation technology widely used in various fields. It analyses scientific papers published between 1988–2011 in all journals contained in the Science Citation Index and patent data with the same time span from the Derwent patent database. The study examines developments in basic NFM research and technological innovations. Over the past 24 years, there has been a notable growth in publication outputs. Compared with other countries, China exhibited a rapid growth, particularly from 2000–2011, with its total number of papers ranking second only to the United States (US). Chinese NFM papers focus on energy and agriculture, while the US focuses on biochemistry and molecular biology. China holds the most global NFM patents, with rapid growth in patent numbers from 2005–2011. China, the US and Japan together hold 78 % of the total global NFM patents and have a strong technological advantage in water treatment and separation technology. Although there are four Chinese institutions in the top 10 patentee list, most are application patents that focus on the integrated application of existing nanofiltration membrane. In contrast the patents owned by foreign patentees are mostly research patents involving technology innovations of the nanofiltration membrane itself. Therefore, NFM research capacity in China should be further strengthened to maximize the advantages gained via research to date.     

A critical appraisal of IBM’S patent pledge model: The impact of patent quality on open source software START-UP’S market entry decision

In 2005, IBM provided open access to 500 of their software patents to establish a platform to further innovation. Recently, a paper by Wen and her colleagues empirically analyzed this relationship and found a positive association between IBM's patent pledge and open source software start-up firms' market entry. Despite their seminal findings, it is somehow questionable whether start-up firms enter markets regardless of the patent value of the market, as small-to medium-sized firms such as start-ups have a practice of selectively entering markets. By complementing Wen, Ceccagnoli and Forman's paper, we not only provide more contextual explanations, but also show that start-up firms tend to selectively enter markets where patents are filled with younger and higher citation rates.     

Trademarks and the patent premium value: Evidence from medical and cosmetic products

The determinants of the premium value of patents for medical and cosmetic products are analyzed with respect to a complementary IP strategy such as trademarks. I discuss a novel method and database to gauge combinations of patent and trademark pairs regarding the same innovative project. The premium value is computed through a model of renewal decisions for the patent cohorts 1985–1990 that have been designated in the U.K. and Germany. After taking into the account several firm characteristics and patent indicators typically used in the literature, I find ample evidences that patent and trademark pairs are featured by higher valuations.     

可印刷柔性有机太阳能电池技术创新态势研究

介绍了可印刷柔性有机太阳能电池的相关技术及发展现状,并基于专利对该技术展开了深入的创新研究。从技术的总体趋势、技术重点、技术构成与需求、重要竞争机构及技术生命周期5个方面探讨了该技术的发展现状与趋势,为该领域内相关企业制定战略决策提供参考依据。研究发现可印刷柔性有机太阳能电池正处于快速发展阶段,日本、美国处于领跑地位,各国积极布局以期抢占竞争高位。