Worthless Patents

Name
Worthless Patents
Cite
20 Berkeley Tech. L.J. 1521
Year
2005
Bluebook cite
Kimberly A. Moore, Worthless Patents, 20 Berkeley Tech. L.J. 1521 (2005)
Author
Kimberly A. Moore
URL
20 BERKELEY TECH. L.J. 1521
Item Type
article
Summary
... Each year the United States Patent and Trademark Office (PTO) receives 350,000 patent applications and grants approximately 180,000 patents. ... I combined this original dataset with additional patent characteristic data, including the number of claims, number of forward and backward citations, number of inventors, whether the inventors are foreign or domestic, whether the patent is assigned at the time of issuance, whether the assignee is a U.S. corporation, foreign corporation, U.S. individual, foreign individual, the U.S. government or a foreign government, and general technology classifications (based on the PTO's technology classification system). ... . Expired patents cited fewer U.S. patent prior art references than unexpired patents. ... Patents that cite more U.S. patent prior art during prosecution are likely more expensive for the patentee to prosecute. ... U.S. corporations may be better at estimating the expected return
from a given patent and therefore more adept at weeding out worthless patents via maintenance fee payments. ... The results show that patents related to communications and computer technology are more likely to be maintained than biotech patents. ... Finally, since the litigation rate data and the renewal rate data agree on which characteristics of the
patents are likely to be indicia of patent value, they confirm the role of the patent characteristics for patent valuation. ...

Excerpts and Summaries

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