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The rigour of EPO’s patentability criteria: An insight into the “induced withdrawals” ☆

Paper ID Volume ID Publish Year Pages File Format Full-Text
38281 45656 2007 10 PDF Available
Title
The rigour of EPO’s patentability criteria: An insight into the “induced withdrawals” ☆
Abstract

The EPO traditionally grants at least 60% of all patent applications, the rest being either withdrawn (30–35%) or refused (5%). This paper provides quantitative evidence suggesting that up to 54% of all patent withdrawals could be considered as induced by the work of EPO examiners, and hence may be taken as a more appropriate indicator of the rigour of the EPO. “Induced withdrawals” and refusals occur for up to 23% of all applications at the EPO. This share varies according to (1) the route chosen for an EPO filing; (2) the technological field that is considered; and (3) the country of residence of the assignee. The number of claims only slightly affects the share of withdrawals. However, on average, two additional claims induce an additional communication from the EPO, which in turn prolongs the procedural duration by an additional year.

Keywords
European Patent Office; Grant; Patent filing; Induced withdrawals; Claims; Communications; Examination procedure
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Publisher
Database: Elsevier - ScienceDirect
Journal: World Patent Information - Volume 29, Issue 4, December 2007, Pages 317–326
Authors
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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
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Full-text PDF Download
Online Support
Any Questions? feel free to contact us