Jensen, P.H., Palangkaraya, A. and Webster, E. (2008). “Application pendency times and outcomes across four patent offices”, Australian Intellectual Property Journal 19, 178-90.
In this paper, we describe two dimensions of the international patenting process: application outcomes and pendency periods. Our comparative analysis is based on a sample of ‘matched’ patent applications that were concurrently filed at the Australian Patent Office (APO), the Japanese Patent Office (JPO), the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). That is, these applications cover the same subject matter. By using a matched sample, we are able to control for any systematic variation in both the quality of the invention underlying the application and the characteristics of the applicant which may both affect the examination outcome and duration. As a result, any remaining discrepancies in outcomes and duration should be due to differences in office procedures and protocols, legal positions such as those regarding patentable subject matter and other random unobservable local factors.