Analysis of Patent Examination Effort Distribution based on the Queuing Theory

Authors

  • João Gilberto Sampaio Brazilian Institute of Industrial Property (INPI)
  • Suzana Borschiver Federal University of Rio de Janeiro (UFRJ)

DOI:

https://doi.org/10.4067/S0718-27242008000200001

Keywords:

queuing theory, patent examination effort distribution, decision profile, backlog

Abstract

In this paper, we present a mathematical model based on the queuing theory that simulates the examination process in a patent office, including its relation with the applicants. Through this statistical model, this study aims at evaluating the examination effort distribution among all examination stages, in order to establish the optimal examination condition, which means that a patent application would be granted, denied or withdrawn in the shortest period of time and the backlog of patent offices would be reduced, meeting the society demand in a more efficient way. This study also aims at evaluating the performance of a specific patent examiner based on the optimal condition.

Downloads

Download data is not yet available.

Author Biographies

João Gilberto Sampaio, Brazilian Institute of Industrial Property (INPI)

João Gilberto Sampaio is a Chemical Engineer, received his MSc in Advanced Process Control, Master in Business Administration, and is taking his PhD in Technology Management at the Department of Chemical Engineering of the Federal University of Rio de Janeiro, Brazil, and works as a patent examiner for the Brazilian Institute of Industrial Property (INPI-BR).

Suzana Borschiver, Federal University of Rio de Janeiro (UFRJ)

Suzana Borschiver is an Associate Professor of the Department of Chemical Engineering of the Federal University of Rio de Janeiro, Brazil. She is a Chemical Engineer, received her MSc and PhD in Technology Management at the Department of Chemical Engineering of the Federal University of Rio de Janeiro, Brazil, and her current research focuses on technology management, innovation management, production chains, international trade and technology roadmapping.

References

BARTON, J. H. (2000) 'Reforming the Patent System', Science, Vol. 287: pp. 1933-1934.

BATABYAL, A. A., DeAngelo, G. J. (2008) 'Average Patent Pendency and Examination Errors: A Queuing Theoretic Analysis', International Journal of Foresight and Innovation Policy, Vol. 4, pp. 112-128.

BATABYAL, A.A., Nijkamp, P. (2008) 'Is There a Trade off Between Average Patent Pendency and Examination Errors?', International Review of Economics and Finance,Vol. 17, pp. 150-158.

BOSE, S. K. (2002), Open and Closed Networks of M/M/m Type Queues (Jackson's Theorem for Open and Closed Networks), Obtained through the Internet: http://home.iitk.ac.in/~skb/qbook/Slide_Set_14.PDF, [accessed in 26/02/2008].

Brazilian Federal Law Number 9.279 (1996).

European Patent Office (EPO) (2007), European Patent Convention, 13th Edition.

European Patent Office (EPO (2008)), European Patents Applications 1990-2006. Obtained through the Internet: http://www.epo.org/about-us/office/statistics/applications-1990-2006.html, [accessed in 30/06/2008].

General Accounting Office (GAO) (1996) 'Enhancements Needed In Computing and Reporting Patent Examination Statistics, Report to the Chairman', Committee on the Judiciary (U.S. Senate, Washington, DC).

GRAHAM, S.J.H., Hall, B.H., Harhoff, D., Mowery, D.C. (2003) Patent Quality Control? A Comparisons of U.S. Patent Re-examinations and European Patent Oppositions, Wesley M. Cohen and Stephen A. Merrill eds., Patents in the Knowledge-Based Economy, National Academy Press, Washington, D.C, pp. 74-119.

HALL, B. H., Ziedonis, R. H. (2001) 'The Patent Paradox Revisited: An Empirical Study of Patenting in the U.S. Semiconductor Industry, 1979-1995', Rand Journal of Economics, Vol. 32: pp. 101-128.

KING, J. L. (2001) Patent Examination Procedures as Inputs to Patent Quality. New Research on the Operation and Effects of the Patent System, National Academy of Sciences Committee on Science,Technology and Economic Policy.

KING, J. L. (2003), Patent Examination Procedures and Patent Quality, Wesley M. Cohen and Stephen A. Merrill eds., Patents in the Knowledge-Based Economy, National Academy Press, Washington, DC, pp. 54-73.

MEURER, M.J (1989).'The Settlement of Patent Litigation', RAND Journal of Economics, Vol. 20(1) (Spring): pp. 77-91.

PHILLIP, M. (2006) 'Patent filing and searching: Is deflation in quality the inevitable consequence of hyperinflation in quantity?', World Patent Info, Vol. 28, pp. 117-121.

POPP, D, Juhl, T. Johnson, D.K.N. (2004) 'Time In Purgatory: Examining the Grant Lag for U.S. Patent Applications', Topics in Economic Analysis & Policy, Article 29, Volume 4, Issue I.

ROSS, S.M. (2003) Introduction to Probability Models, 8th edition. Academic Press, San Diego, California.

SINGH, VK (2007) 'Fundamentals of Patent Pendency and Its Calculation', Ezine Articles. Obtained through the Internet: http://ezinearticles.com/7Fundamental-of-Patent-Pendency-and-lts-Calculation & id=846849. [accessed in 16/02/2008].

United States Patent and Trademark Office (USPTO) (2007), Manual of Patent Examining Procedure (MPEP) - United States Code Title 35 - Patents, Appendix L, Patent Laws.

Downloads

Published

2008-12-10

How to Cite

Sampaio, J. G., & Borschiver, S. (2008). Analysis of Patent Examination Effort Distribution based on the Queuing Theory. Journal of Technology Management & Innovation, 3(4), 1–16. https://doi.org/10.4067/S0718-27242008000200001

Issue

Section

Research Articles

Similar Articles

<< < 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 > >> 

You may also start an advanced similarity search for this article.