Title: Average patent pendency and examination errors: a queuing theoretic analysis

Authors: Amitrajeet A. Batabyal, Gregory J. DeAngelo

Addresses: Department of Economics, Rochester Institute of Technology, 92 Lomb Memorial Drive, Rochester, NY 14623-5604, USA. ' Department of Economics, University of California at Santa Barbara, Santa Barbara, CA 93106-9210, USA

Abstract: Researchers have raised two concerns about the current patent approval process by the United States Patent and Trademark Office (USPTO). First, it takes too long to process applications. Second, examiners make too many errors in the approval process. The first concern suggests that examiners ought to be less stringent in their decision making and hence take less time in processing applications. The second concern suggests exactly the opposite. Given this state of affairs, we analyse the following question: Does a more stringent examination of applications always lengthen the pendency period? Our theoretical analysis shows that there is no definite answer to this question. Hence, we use numerical methods and our numerical analysis leads to two conclusions. For many values of the model parameters that describe the stringency of examinations, a more stringent examination process does lengthen the pendency period. In contrast, for most values of the model parameter that describes the volume of patent applications handled by the PTO under study, a more stringent examination process does not lengthen the pendency period.

Keywords: errors; patent examination; patent pendency; queuing theory; uncertainty; patent approval; United States Patent and Trademark Office; USPTO; USA; patents pending; patent applications.

DOI: 10.1504/IJFIP.2008.016909

International Journal of Foresight and Innovation Policy, 2008 Vol.4 No.1/2, pp.112 - 128

Published online: 28 Jan 2008 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article