Max-Planck-Institut für Innovation und Wettbewerb, München, Raum 313
I study the relationship between the use of continuations and patent litigation in the United States. Continuations are applications that delay claim issuance, thereby providing another chance to obtain rejected claims, draft new claims and modify the scope of protection of issued patents. I show that patents from continuations are litigated more often and earlier than ordinary patents, even after controlling for patent and invention characteristics. Moreover, I exploit patent-family linkages and the relationship between the timing of continuation issuance and litigation to show that continuations likely lead to more litigation related to an invention.
Ansprechpartner: Michael E. Rose