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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.

This paper deals with methodological issues of measuring and assessing the composition and level of heterogeneity of firms’ intellectual assets. It develops an original metric - referred to as the H-index - for measuring heterogeneity at firm level using data extracted from patent documents. The main purpose is to improve the characterization of research activities within firms in the biotechnology sector. Although the Hindex grew out of research on biotech firms, the metric carries broader relevance for all patent-intensive industries. The measurement and assessment of the H-index is illustrated and tested using empirical data fromour study on Scandinavian biotech firms.

Indhold: Beskyttelse af edb-programmer ; Patentbeskyttelse af softwarerelaterede opfindelser ; Beskyttelse af databaser ; Ophavsret og internettet ; Beskyttelse af halvlederkredsløb ; Informationsteknologi og konkurrence