NATIONAL BUREAU OF ECONOMIC RESEARCH
NATIONAL BUREAU OF ECONOMIC RESEARCH
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Elizabeth Webster

Swinburne University of Technology
Mail H25, PO Box 218 Hawthorn
VIC 3122, Australia

E-Mail: emwebster@swin.edu.au
Institutional Affiliation: Swinburne University of Technology

NBER Working Papers and Publications

May 2016Low-quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners
with GaƩtan de Rassenfosse, William E. Griffiths, Adam B. Jaffe: w22244
A low-quality patent system threatens to slow the pace of technological progress. Concerns about low patent quality are supported by estimates from litigation studies suggesting that the majority of patents granted by the U.S. patent office should not have been issued. This paper proposes a new Bayesian method for measuring patent quality, based on twin patent applications granted at one office but refused at another office. Our method allows us to distinguish whether low-quality patents are issued because an office implements a (consistently) low standard, or because it violates its own standard. The results suggest that quality in patent systems is higher than previously thought. In particular, relative to the own standard of each office, the percentage of mistakenly granted patents is u...
 
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