Which Patent Systems are Better for Inventors?

Bessen, James E.; Thoma, Grid

doi:10.2139/ssrn.2497495

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Which Patent Systems are Better for Inventors?

Boston Univ. School of Law, Law and Economics Research Paper No. 14-50

36 Pages Posted: 19 Sep 2014

See all articles by James E. Bessen

James E. Bessen

Technology & Policy Research Initiative, BU School of Law

Grid Thoma

University of Camerino

Date Written: September 17, 2014

Abstract

International comparisons of patent systems are essential to harmonization treaties and to analyze economic growth. Yet these comparisons often rely on little but conventional wisdom. This paper develops an empirical method to compare the economic strength and quality of patent systems by using renewal analysis of matched patents in different countries (same patent family). Comparing patents on the same inventions filed at the EPO for Germany and in the US, we find that the German patents generate substantially greater market power than their US equivalents, especially for small inventors. Also, the average US patent has relatively lower economic value (“quality”).

Keywords: patents, international treaties, technological change

JEL Classification: O34, F42, K19

Suggested Citation: Suggested Citation

Bessen, James E. and Thoma, Grid, Which Patent Systems are Better for Inventors? (September 17, 2014). Boston Univ. School of Law, Law and Economics Research Paper No. 14-50, Available at SSRN: https://ssrn.com/abstract=2497495 or http://dx.doi.org/10.2139/ssrn.2497495