How to measure patent quality [Updated]



Last updated : Aug 25, 2022
Written by : Shayne Theisen
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How to measure patent quality

What is patent quality?

The legal definition of patent quality – a valid invention right that permits the holder to sue in order to exclude an alleged infringer from practicing the invention – provides limited direction.

What affects patent quality?

Patents that undergo numerous office actions and claim rejections forces the applicant to refine the patents. The more refined the patents, the less likely they are to face post-grant validity challenges. Therefore, the more exhaustive the patent prosecution process, the higher the quality of the patents.

What is patent indicator?

Patent indicators are a key measure of innovative output, as they reflect the inventive performance of countries, regions, technology, etc. They are also used to measure diffusion of ideas and the level of internationalisation and international collaboration across countries.

What do patents measure?

Patents thus provide a good measure of technologically new knowledge as defined above. Several studies have recently used patents as a measure of innovation performance (e.g., Dutta and Weiss, 1997; Henderson and Cockburn, 1994).

What is a low quality patent?

Low quality patents are a target for patent trolls because they often have broad claims. These broad claims can be used to extort licensing fees from businesses using technology that is not actually novel or non obvious but is patented.

Which all qualities should an idea have in order to get patent from UST?

  • Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
  • Inventive step. This means that your product or process must be an inventive solution.
  • Industrial applicability.

Can you patent a puzzle?

Games can be protected by patent. You get some protection through copyright, but only on things like artwork and the precise text of the rules; someone could copy the ideas of the game with different artwork and not violate your copyright. You would need a patent in each country you want to protect it in.

Are patents indicators of innovation?

Patents are a good indicator for measuring countries' technological progress, as they represent the actual creation and dissemination of knowledge in productive activities.

What are the variables to consider in determining the useful life of a patent?

The useful life of a patent depends on a number of factors including technological changes, technical factors, legal limitations etc. As all these determining factors are not in control of the patent holder and are volatile in nature thus it becomes imperative to evaluate the useful life of the patent.

Why we need to stop relying on patents to measure innovation?

It is far better to have a small amount of reliable and relevant data than a large amount of unreliable or irrelevant data. Patent data are a very “noisy” measure of innovation because most innovations are not patented and many patented inventions are not valuable.

What does patent mean in engineering?

Engineering patents are legal agreements made between engineers and the federal government to allow the creator of a product or an idea the ownership of said invention for a period. Many believe that a patent allows its creator to put his or her invention into practice, but this is not the case.

What are the 5 requirements of a patent?

  • The innovation is patentable subject matter. Patentable.
  • The innovation is new (called 'novelty')
  • The innovation is inventive.
  • The innovation is useful (called 'utility')
  • The innovation must not have prior use.

What are five parts of a patent specification?

  • Title of the patent invention.
  • Background of the invention.
  • Summary of the invention/ Object of the Nvention.
  • Explanation if any of the patent drawings.
  • Description of the invention.
  • Patent Claims.

How detailed should a patent be?

The description of your invention must be detailed enough that it is clear that you actually possessed the invention at the time your application was filed, i.e. that you are not claiming more than you actually invented and appreciated at the time.

Is Sudoku patented?

Sudoku is a puzzle game from Japan that captivated the U.S. puzzle market beginning two years ago, but only because of a fortuitous lack of foresight. The first marketer and self-proclaimed originator of Sudoku, Maki Kaji, didn't expect such enormous success. So his business, Nikoli, never trademarked the game.

Can I patent a game idea?

deas (and algorithms) cannot be patented. Mental processes cannot be patented. The rules of a game cannot be patented (unless there is a sufficiently inventive concept to “transform” the rules into patent-eligible subject matter … but what does that even mean?).

Can I patent a card game?

Can you even file a patent for a card game? Yes. You can patent a card game. You are able to patent certain aspects of a card game that will allow you to have a legal monopoly on this game for a given period of time.

How do you measure performance of innovation?

Innovation rate = revenue share of innovations/total revenue * 100. This rate represents your innovation activity in relation to your sales. And it also shows whether your new developments are successful on the market or not, because it measures the sales you have already achieved with the innovations.

What is an innovative performance?

Hence innovation performance can be understood as the ability to transform innovation inputs into outputs, and thus the ability to transform innovation capability and effort into market implementation. The result of innovative performance is innovation market success.

Do you amortise patents?

Intangible assets, such as patents and trademarks, are amortized into an expense account called amortization. Tangible assets are instead written off through depreciation. The amortization process for corporate accounting purposes may differ from the amount of amortization used for tax purposes.


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How to measure patent quality


Comment by Dwight Putaski

well how do you figure out what the boundaries of the patent are the Patent Office examiner is gonna say I'm going to assume that this is as broad as you know can reasonably be read the reason I do that as the examiner is that if it's that broad then it's probably not going to be patentable it's going to overlap with other things other people's prior property rights okay that means it can't be granted as a patent by assuming that I'm forcing the applicant to amend their claims change the language and narrow it a little bit now you can do that in application and examination stages because the patent applicant has the ability to revise their claims it can change what the boundaries actually are because we haven't pinned down the legal right yet once the patent has been granted it has a meaning it has a scope and courts will respect that I think you could break down what lawyers and economists would call patent quality and it's a very loaded term there's a lot of different things to different people but I think we could reasonably agree that quality consists of three things one is technological quality if it's not useful if it's not really new compared to what came before or if somebody tinkering in their garage could have come up with it over a weekend then maybe it's not really a high technological quality the second kind of quality is economic quality a patent is essentially an economic right when you have one you can stop other people from entering the market right you can clear the market and then you can in charge whatever you want you can recoup your investment that's the idea if a patent is written in such a way that it doesn't cover very much and you can invent around it or produce a competing product that doesn't infringe the patent then the patent owner hasn't got a very valuable right as an economic matter the patents not very valuable and then the Third Kind is legal quality does this thing that the agency has produced survived judicial review of judicial scrutiny and sometimes it does and sometimes it doesn't and if it doesn't the reason why can be very is it because the Patent Office made a mistake I should not have granted this and an error that now needs to be corrected that's one type of legal quality problem another is that the law changed at the time that this patent was being examined janitor did everything that she was supposed to do but now the Supreme Court has come down with a decision that says oh the law was actually this all along that this technological economic and legal Quality Framework is a useful way to think about what makes a good patent and if it fails on any one of those metrics all of them then


Thanks for your comment Dwight Putaski, have a nice day.
- Shayne Theisen, Staff Member


Comment by ulioenear

the OECD's scoreboard tracks trends in science technology and industry to understand how innovation is evolving around the world one way to measure technological innovation is by tracking the number of patents but our all patents being filed today truly innovations the OECD has come up with a new way to measure patent quality it compares patents granted by the European Patent Office over the past decade with those of the 1990s the findings are worried patent quality is declined by an average of 20% over that time frame and this is the case in which in every major economy from Great Britain and France to the United States and Germany in no country as patent quality improved although the decline has been less marked in career studying patent quality in different technology sectors has allowed the OECD to identify leaders in a particular technological fields the UK for example produces patents with sectors such as semiconductors and environmental technologies that are above average in quality and career has a competitive advantage in ICT related innovations some patents filed are more valuable than others and will lead to major inventions who's leading this global race between 1996 and 2000 about 70% of the top 1% of highly cited patents were from the United States Germany and Japan five years later that shared fallen to 60% as in Nordic countries and the Asian powerhouses of China India and Korea have gained in importance the EU is leading in clean energy technologies representing nearly 40% of all filings by the late 2000s followed by the US and Japan in this area China now ranks eighth worldwide


Thanks ulioenear your participation is very much appreciated
- Shayne Theisen


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