1. Determinants of opposition against EPO patent grants—the case of biotechnology and pharmaceuticals
- Author
-
Dietmar Harhoff and Markus Reitzig
- Subjects
Economics and Econometrics ,Retssager ,Biotekindustri ,business.industry ,Market uncertainty ,Strategy and Management ,Economics, Econometrics and Finance (miscellaneous) ,Opposition (politics) ,European patent office ,Intellectual property ,Medicinalindustri ,Biotechnology ,Industrial relations ,Immaterielle rettigheder ,Patentbeskyttelse ,business ,EPO / European Patent Office - Abstract
We analyze the determinants of opposition to biotechnology and pharmaceutical patents granted by the European Patent Office (EPO) between 1978 and 1996. Opposition at the EPO is the most important mechanism by which the validity of a European patent can be challenged. In our sample, 8.6% of the patents are attacked in opposition proceedings. We show empirically that the likelihood of opposition increases with patent value, and that opposition is particularly frequent in areas with strong patenting activity and with high technical or market uncertainty. We comment on the implications of these results for the design of the patent and litigation system.
- Published
- 2004