Research Handbook on the Economics of Intellectual Property Law
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Research Handbook on the Economics of Intellectual Property Law

Vol 1: Theory Vol 2: Analytical Methods

Edited by Ben Depoorter, Peter Menell and David Schwartz

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
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Chapter 12: Empirical studies in patentability

Ronald Mann and Christopher Cotropia


This chapter reviews empirical literature studying the patentability requirements. The chapter initially explores scholarship focused on whether a patent’s validity is empirically quantifiable. This literature attempts to discern indicators of patent validity and patent quality. The chapter then examines scholarship on the courts and how they evaluate a patent’s (or patent application’s) validity. These studies examine judicial and administrative outcomes and the content of such decisions reaching these outcomes with the goal of both quantifying a decision-maker’s attitude toward patentability and identifying the specific standards and analysis used in deciding patentability.

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