ALTERNATIVE MOTIVES TO FILE FOR PATENTS:PROFITING FROM PENDENCY AND PUBLICATION

Many patent applications lapse before they are reviewed by patent examiners. In thispaper we analyze how even a lapsed patent application yields benefits to the applicant.We argue that these benefits are attributable to pendency and publication of patentapplications. Based on an analysis of all direct first filings at the German patentoffice between 1986 and 2000 we find that more than 20% of all applications are leftpending for the maximum of seven years before examination is requested or the applicationis deemed to be withdrawn....