fulltext.study @t Gmail

Legal Validity Metrics for Patent Offices and Law Firms – Recycling of Patent Court Appeal Decisions for Quality Management

Paper ID Volume ID Publish Year Pages File Format Full-Text
37916 45640 2014 7 PDF Available
Title
Legal Validity Metrics for Patent Offices and Law Firms – Recycling of Patent Court Appeal Decisions for Quality Management
Abstract

•Legal validity metrics study based on EPO appeal decisions.•The legal validity level between patent offices and patent courts can be measured.•Patent case law is suitable for statistical analysis of first instance decisions.•Appealed EPO refusal decisions seem more often considered valid than appealed opposition decisions.•Comparative legal validity analysis assists quality management in patent offices and law firms.

In all relevant patent systems an adversely affected party has the possibility to appeal the patent office's decision in front of a patent court or Board of Appeal (BoA). Within a European context, the EPO is, in a way, even engaging in de facto competition with national patent offices. As an example, the German Patent and Trademark Office (DPMA) provides quasi identical patent products and offers the same kind of legal recourse to the German patent court (BPatGer) for these products. Both offices offer an opposition procedure which is open for appeal, and also in the case of a refusal, both offices offer the possibility of appeals. Thus, the EPO Boards of Appeal are engaged in making decisions every year on around 2000 cases and, e.g., the BPatGer on 600 cases regarding the legal validity of the first instance's work. It is thus remarkable that, so far, nobody has systematically included the work of the patent courts in a statistical legal validity evaluation in the context of the Patent & Trademark Offices' (PTOs') quality assurance systems.Since there is obviously a need to establish a common standard for the comparison of first and second instance legal teachings in patent law, a methodology for comparative legal validity analysis is proposed in this paper. I have tested and optimised the approach while working as a project manager at the European Patent Office, based on analysis of 2300 appeal decisions from seven annual batches.

Keywords
European Patent Office; International patent offices; Patent opposition quality; Patent refusal quality; Patent attorneys' work quality; Econometric measurement of legal validity; Comparative analysis of patent court decisions
First Page Preview
Legal Validity Metrics for Patent Offices and Law Firms – Recycling of Patent Court Appeal Decisions for Quality Management
Get Full-Text Now
Don't Miss Today's Special Offer
Price was $35.95
You save - $31
Price after discount Only $4.95
100% Money Back Guarantee
Full-text PDF Download
Online Support
Any Questions? feel free to contact us
Publisher
Database: Elsevier - ScienceDirect
Journal: World Patent Information - Volume 37, June 2014, Pages 26–32
Authors
,
Subjects
Physical Sciences and Engineering Chemical Engineering Bioengineering
Get Full-Text Now
Don't Miss Today's Special Offer
Price was $35.95
You save - $31
Price after discount Only $4.95
100% Money Back Guarantee
Full-text PDF Download
Online Support
Any Questions? feel free to contact us