Examination incentives, learning, and patent office outcomes: The use of examiner’s amendments at the USPTO

Charles A.W. deGrazia, Nicholas A. Pairolero, Mike H.M. Teodorescu

Research Policy · 2021 · Volume 50 · Issue 10

DOI: 10.1016/j.respol.2021.104360

Abstract

We investigate how U.S. Patent and Trademark Office (USPTO) patent examiner experience and seniority-based incentives affect the innovation ecosystem. First, we show that examiners respond to production incentives and demonstrate learning by increasing the use of examiner’s amendments in both experience and seniority, a mechanism not previously studied. Second, this examination procedure directly benefits innovators and firms by significantly reducing prosecution processing time without impacting patent quality. Finally, after considering examiner’s amendments, the negative relationship between examiner characteristics and patent examination quality found in the previous literature does not persist at first action, a decision point that allows for the clear measurement of examiner behavior. Our results demonstrate a need for reformulated policy recommendations related to the structure of examination at the USPTO.

Keywords

Patent examiner experience, Patent pendency, Patent office policy, Patent quality, Patent examiner incentives

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