By Fabian Gäßler
Applying novel datasets, Fabian Gäßler analyzes how key elements of the present patent procedure in Europe and Germany, respectively, impact patent enforcement and patent exchange. particularly, he exhibits what elements be certain court docket choice in patent litigation and the way the jurisdictional separation of validity and infringement questions favors the patent holder. the writer extra offers empirical facts for the marketplace for patents in Europe. The offered findings yield vital implications for the continued debate at the optimum layout of patent systems.
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Extra info for Enforcing and Trading Patents: Evidence for Europe
1. For the sake of simplicity, I consider opportunity costs a direct function of the litigation value L (cf. 4 in the Appendix for an elaborate derivation). The opportunity costs are operationalized as OPCi j = αi L i (1 − δi )li j − 1 (1 − δi ) T − 1 . 3) Unfortunately, the ex ante expected length of proceeding l i j , which determines the amount of opportunity costs, remains unobserved in the data for multiple reasons. First, I only observe the actual length of proceeding at the selected court, not at alternative courts.
Settlements include withdrawals as well as (out-of-court) settlements. The outcome is deﬁned from the plaintiff’s perspective. proceedings can be easily identiﬁed for the Düsseldorf and Mannheim regional courts. The high density of 400 days indicates the average length of an ordinary main proceeding with judgment in Düsseldorf. Ordinary main proceedings in Mannheim end on average after 280 days. The relatively fat tail to the right for proceedings in Mannheim, however, indicates a higher likelihood of delaying events compared to Düsseldorf.
In contrast, patent age shows little variance across the three courts. Examining the invalidation history of the patents, I found that patents in Mannheim have faced the least prior oppositions but by far the most prior revocation proceedings. Still, these validity challenges ended mostly in withdrawals, so an equally low share of patents can be considered solidiﬁed at each court. The distribution of technology areas is quite remarkable. The regional court in Mannheim predominantly hears disputes on patents in the ﬁeld of electrical engineering, while Düsseldorf hears the most cases on chemistry patents.
Enforcing and Trading Patents: Evidence for Europe by Fabian Gäßler