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Monetary and Implicit Incentives of Patent Examiners

Author

Listed:
  • Langinier, Corinne

    (University of Alberta, Department of Economics)

  • Marcoul, Phillipe

    (Department of Rural Economy, University of Alberta)

Abstract
Patent examiners, who are often accused of granting questionable patents, might lack proper incentives to carefully scrutinize applications. Furthermore, they have outside options and leave the patent office. It is thus interesting to investigate whether their granting behavior is affected by career concerns. In a simple setting, we analyze different incentive schemes that reward examiners on the basis of rejected and/or accepted patents. We then study the effect of career concerns on the granting behavior of examiners. We find that a reward based on rejection gives more incentives to search for relevant information, and career concerns increase these incentives. Besides, the information provided by the applicant has an impact on the examiners incentive to search for information.

Suggested Citation

  • Langinier, Corinne & Marcoul, Phillipe, 2009. "Monetary and Implicit Incentives of Patent Examiners," Working Papers 2009-22, University of Alberta, Department of Economics.
    • Handle: RePEc:ris:albaec:2009_022
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    References listed on IDEAS

    as
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    7. Corinne Langinier & Philippe Marcoul, 2019. "Subjective performance of patent examiners, implicit contracts, and self‐funded patent offices," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 40(3), pages 251-266, April.
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    Cited by:

    1. Amir, Rabah & Encaoua, David & Lefouili, Yassine, 2014. "Optimal licensing of uncertain patents in the shadow of litigation," Games and Economic Behavior, Elsevier, vol. 88(C), pages 320-338.
    2. Fabian Gaessler & Dietmar Harhoff & Stefan Sorg & Georg von Graevenitz, 2024. "Patents, Freedom to Operate, and Follow-on Innovation: Evidence from Post-Grant Opposition," Rationality and Competition Discussion Paper Series 494, CRC TRR 190 Rationality and Competition.
    3. de Saint-Georges, Matthis & van Pottelsberghe de la Potterie, Bruno, 2013. "A quality index for patent systems," Research Policy, Elsevier, vol. 42(3), pages 704-719.
    4. Andrew Eckert & Corinne Langinier, 2014. "A Survey Of The Economics Of Patent Systems And Procedures," Journal of Economic Surveys, Wiley Blackwell, vol. 28(5), pages 996-1015, December.
    5. Vidya Atal & Talia Bar, 2014. "Patent Quality and a Two-Tiered Patent System," Journal of Industrial Economics, Wiley Blackwell, vol. 62(3), pages 503-540, September.
    6. Kim, Yee Kyoung & Oh, Jun Byoung, 2017. "Examination workloads, grant decision bias and examination quality of patent office," Research Policy, Elsevier, vol. 46(5), pages 1005-1019.

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    More about this item

    Keywords

    patent examiners; career concerns;

    JEL classification:

    • J60 - Labor and Demographic Economics - - Mobility, Unemployment, Vacancies, and Immigrant Workers - - - General
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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