Examiner Characteristics and Patent Office Outcomes
Author(s) -
Mark A. Lemley,
Bhaven N. Sampat
Publication year - 2011
Publication title -
the review of economics and statistics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 8.999
H-Index - 165
eISSN - 1530-9142
pISSN - 0034-6535
DOI - 10.1162/rest_a_00194
Subject(s) - trademark , patent office , point (geometry) , patent law , business , intellectual property , political science , law , mathematics , geometry
In this paper, we show that there are important differences across patent examiners at the U.S. Patent and Trademark Office. We show that more experienced examiners cite less prior art, are more likely to grant patents, and are more likely to grant patents without any rejections. These results suggest that the most important decisions made by the patent office are significantly affected by the happenstance of which examiner gets an application. They also point to human resource policies as potentially important levers, hitherto neglected, in patent system reform.
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