Patent System Measurements: Review, Critique and Proposal
This paper reviews and critiques existing literature on means of patent system measurement across countries and accordingly proposes an integrated framework to advance this under-studied area by considering the impact of international organizations. The literature review reveals that studies have been conducted to measure patent systems across the world in diversely conceptual, empirical and methodological manners. The paper discusses all these differences and reveals their strengths and weaknesses. The proposed conceptual framework consists of three components: patent mechanism (e.g. patent laws), patent administration (e.g. patent filing and grant) and patent enforcement (e.g. judicial dispute resolution). The initial testing of this framework seems to show valid results and paves the way for further examination. This paper makes two main contributions: establishing a comprehensive framework to allow cross-country comparisons by firms and policy makers, and helping an effective process of patent commercialization through a critical understanding of strategic patent environment, thus allowing strategic decisions to be made to generate value from patents.
Yang, D. (2012). Patent system measurements: Review, critique and proposal. Journal of Intellectual Property Rights, 17(1), 7-19.