European patent opposition outcomes in biotechnology |
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| Affiliation: | 1. CSIR-Central Scientific Instruments Organisation, Chandigarh, 160030, India;2. Academy of Scientific and Innovative Research (AcSIR), Ghaziabad, 201002, India;3. National Institute of Science Education and Research, Bhubaneswar, Odisha, 752050, India;4. Central Economics and Mathematics Institute Russian Academy of Sciences, Nakhimovsky Av. 47, 117418, Moscow, Russian Federation;5. State Academic University for the Humanities, Maronovskiy Pereulok, 26, 119049, Moscow, Russian Federation;6. Centre for Technology Alternatives for Rural Areas, Indian Institute of Technology, Bombay, Mumbai, 400076, India;7. Indian Institute of Technology Ropar, Rupnagar, Punjab, 140001, India;1. Chemistry Department, Federal University of Ouro Preto, Minas Gerais, Brazil;2. Campus Centro-Oeste, Federal University of São João del-Rei, Divinópolis, Minas Gerais, Brazil;1. Departments of Computer Science and Economics, Rochester Institute of Technology, USA;2. Department of Economics, Rochester Institute of Technology, USA |
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| Abstract: | 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. |
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| Keywords: | Patent oppositions Biotech EPO Competitive dynamics |
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