NDLI: The relation of patent description and examination with validity: an empirical study

Content Provider	Springer Nature Link
Author	Niidome, Yutaka
Copyright Year	2017
Abstract	This paper describes an empirical study to identify factors of patent description and examination that affect the outcome of later challenges to patent validity. Using ternary dummy variables based on the change in the scope of protection before and after Japanese invalidation trials as the dependent variable, the study compares models estimated by ordered and binary logistic regression. The standardized length of the first part of the description explaining the prior art, and the second part explaining the details of the invention, were found to relate to the “maximum” and “minimum” survival of patents, respectively. Other factors were also identified. Different modes of survival are discussed. Models on the likelihood of a challenge to patent validity were also estimated. The variables related to patent validity were compared to those related to the likelihood of a challenge. This revealed factors affected by selection biases based on the opponent’s decision to make the challenge. Factors including the first and second parts of the description were not affected by selection biases and thus confirmed to be related to patent validity. Factors that not only affect patent validity but also affect an opponent’s decision to challenge patent validity are also discussed.
Starting Page	159
Ending Page	183
Page Count	25
File Format	PDF
ISSN	01389130
Journal	Scientometrics
Volume Number	111
Issue Number	1
e-ISSN	15882861
Language	English
Publisher	Springer Netherlands
Publisher Date	2017-02-04
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Patent validity Patent description Patent examination Invalidation trials Selection bias Information Storage and Retrieval Library Science
Content Type	Text
Resource Type	Article
Subject	Library and Information Sciences Computer Science Applications

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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