Discrimination against foreigners in the patent system : evidence from standard-essential patents

G. de Rassenfosse, Emilio Raiteri, R.N.A. Bekkers

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Abstract

This paper tests for traces of discrimination against foreign firms in the patent prosecution process. It focuses on the case of China and looks specifically at patent applications declared as essential to a technological standard. The choice of standard-essential patents (SEPs) is particularly suited because of the ‘strategic’ importance of such patents for China’s indigenous innovation program. We exploit information on the timing of disclosure as SEP (before or after the patent application enters examination) to infer the likely presence of discrimination. We find that patent applications by foreign firms are treated unfavorably when examiners know that they are declared as standard essential. We interpret this result as a case of technology protectionism.
Original languageEnglish
Pages1-25
Number of pages25
Publication statusPublished - Jun 2017
EventDRUID 2017, June 12-14, 2017, New York City - Stern School of Busines, New York University, New York City, United States
Duration: 12 Jun 201714 Jun 2017
https://conference.druid.dk/Druid/?confId=23

Conference

ConferenceDRUID 2017, June 12-14, 2017, New York City
Abbreviated titleDRUID 2017
CountryUnited States
CityNew York City
Period12/06/1714/06/17
Internet address

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