TY  - BOOK
AB  - Oppositions to patent grants are a means to attack competitors and protect a firm's own patent portfolio. Extant literature has analyzed the determinants of oppositions, while the drivers of opposition outcomes are less known. We study 290 EPO biotech patent oppositions filed in 2012–2019. There are three possible outcomes of opposition proceedings: patent revocation, patent amendment, and opposition rejection. We find that opponents who know the patent's technology are more likely to obtain a patent revocation, while opponents who compete in the product market with the patent owner are more likely to receive a rejection.
AU  - D'Agostino, Lorena M.,
AU  - Tiraboschi, Lorenzo,
AU  - Torrisi, Salvatore,
DO  - 10.1016/j.wpi.2023.102185
DO  - doi
ID  - 48572
JF  - World Patent Information
KW  - Patent procedure.
KW  - Patent offices.
KW  - Patents.
KW  - Copyright.
LA  - eng
LK  - https://doi.org/10.1016/j.wpi.2023.102185
N2  - Oppositions to patent grants are a means to attack competitors and protect a firm's own patent portfolio. Extant literature has analyzed the determinants of oppositions, while the drivers of opposition outcomes are less known. We study 290 EPO biotech patent oppositions filed in 2012–2019. There are three possible outcomes of opposition proceedings: patent revocation, patent amendment, and opposition rejection. We find that opponents who know the patent's technology are more likely to obtain a patent revocation, while opponents who compete in the product market with the patent owner are more likely to receive a rejection.
T1  - European patent opposition outcomes in biotechnology.
TI  - European patent opposition outcomes in biotechnology.
UR  - https://doi.org/10.1016/j.wpi.2023.102185
VL  - 73, June, 2023
ER  -