Max Planck Institute for Innovation and Competition, Munich, Room 313
A probabilistic patent, that is, a patent with significant invalidation possibility, can significantly hamper the innovation enhancing role of a patent system. It may allow a patentee-licensor to command a disproportionately strong power over licensees. A probabilistic patent may also fail to effectively promote the investment by a patentee-manufacturer for developing the invention. A third party may be able to substantially contribute to reducing the problems of probabilistic patent through information submissions and post-grant oppositions.
This study examines such possibilities based on Japanese experiences which have extensively used an information submission system. More specifically we ask the following three questions.
(1) Which patent application is more likely to be challenged by information submissions?
(2) How effective are such challenges?
(3) How do third party contributions affect the quality of patent examination?
Contact person: Dr. Fabian Gaessler