Can firms avoid tough patent examiners through <scp>examiner‐shopping</scp> ? Strategic timing of citations in <scp>USPTO</scp> patent applications
نویسندگان
چکیده
Research summary We claim that, because patent citations influence examiner selection, firms disclose strategically to which is assigned their application (“examiner-shopping”). Specifically, are more likely cite patents reviewed by “lenient” examiners in original information disclosure statement (IDS) (sent before the has been selected), and delay “tough” subsequent IDS once selected). propose this strategy will be implemented those who benefit most (firms that face thickets developing high strategic-stakes technologies) but only when costs low (when a probability of litigation). find support our theory sample 9,763 United States trademark office (USPTO) applications during 2000 2006. Managerial facing strategic stakes technologies try get increase approval. The cost usually grant weaker litigated invalidated. Firms overcome using “examiner-shopping” mainly fields where litigation relatively infrequent. This behavior relevant implications: property rights rarely challenged tend become “denser” populated patents. Our study's discussion limitations within seem provide opportunity implement strategies provides path address from policy standpoint.
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ژورنال
عنوان ژورنال: Strategic Management Journal
سال: 2022
ISSN: ['0143-2095', '1097-0266']
DOI: https://doi.org/10.1002/smj.3386