Empirical Studies of the Third Party Observation System in Japan: Impacts on Patent Examination Quality

2014 Fiscal Year Final Research Report

• Project/Area Number: 23730278
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Economic policy
• Research Institution: Kobe University
• Principal Investigator: NAKAMURA Kenta 神戸大学, 経済学研究科(研究院), 准教授 (70507201)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 特許制度 / 情報提供 / 実証研究

Outline of Final Research Achievements

Based on the data of third party observations in Japan, this study empirically examines what significant contributions the third party observation system may make to the patent examinations. We observed that although third party observations cover only a small share of the patents examined, they typically target high-quality patent applications, which can have significant economic impacts if the patents turn out to be valid. On controlling for such invention characteristics, the patent applications that received third party observations have significantly low grant rates (around -15%). We also found that the patent applications that were subject to third party observations are less likely to be granted if the applicant files a request for a trial against the examiner’s decision of refusal. Thus, third party contributions at an early stage help in granting stable patent rights.

Free Research Field

イノベーションの経済学