This document analyzes differences in patent quality and value across various types of patent plaintiffs. It uses data from patent lawsuits, information on patent characteristics, and technology categories. Descriptive statistics show differences in factors like claim counts, geographic coverage, and forward citations across plaintiff types like acquired patents, individual inventors, and product companies. Correlation tests indicate relationships between value measures vary. ANOVA models find significant differences in value measures among plaintiff types. Overall, the document examines how patent value should be assessed using multiple measures and how these relationships can differ for technologies, industries, and plaintiff types.
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Talk on Value/Quality of patents by patent plaintiff Type
1. Value/Quality of
Patents by Patent
Plaintiff Type
Jay Kesan P, Ph.D., J.D.
Professor & Workman Research Scholar
University of Illinois College of Law
2. PAE Patent Quality/Value
⢠Based on litigation behavior, PAEs buy and assert
lousy patents
⢠There are differences in patent quality among
various PAE types
⢠PAEs take on risk by investing money in patent
purchase and enforcement, so they are choosy
about what patents they buy and assert
⢠Numerous patent value measures: Received
forward citations; Predicted forward citations;
Geographical coverage; Backward citations;
Number of claims; Length of the first
independent claim
3. Data Sources
1. Stanford NPE Litigation Dataset:
ďPatent Litigation Data, including patent number,
litigation filing date, plaintiff types.
2. Thomson Innovation:
ďPatent Value Factors, including patent number, age,
length of 1st claim, #claim counts, #geographic
coverage, #backward citations, #observed forward
citations, #predicted forward citations (JT).
3. NBER:
ďTechnology Categories, including patent number, grant
date, industry categories.
9. Comparative Statistics
Table 2. Statistics for #Claim Counts
N Mean Std. Min. Median Max
Acquired Patents 1175 26.77 24.39 1 20 354
Failed Startup 18 14.44 7.79 3 14 42
Individual-inventor-
started company 569 33.98 38.89 1 23 424
Product company 1949 20.87 27.03 1 17 887
Individual 202 16.13 12.05 1 14 62
IP subsidiary of
product company 24 31.33 24.32 7 22.5 116
10. Comparative Statistics
Table 3. Statistics for Geographical Coverage
N Mean Std. Min. Median Max
Acquired Patents 1291 2.89 3.28 0 1 25
Failed Startup 23 5.43 9.03 0 5 45
Individual-inventor-
started company 646 3.80 4.37 0 2 37
Product company 2186 5.12 8.48 0 2 143
Individual 230 2.99 7.98 0 1 111
IP subsidiary of
product company 29 5.62 4.69 0 5 15
11. Comparative Statistics
Table 4. Statistics for Backward Citations
N Mean Std. Min. Median Max
Acquired Patents 1291 27.05 55.98 0 11 715
Failed Startup 23 19.91 10.29 4 24 54
Individual-inventor-
started company 646 56.28 99.07 0 16.5 685
Product company 2186 26.35 37.53 0 15 540
Individual 230 21.38 35.44 0 11 202
IP subsidiary of
product company 29 33.55 39.23 1 16 137
12. Comparative Statistics
Table 5. Statistics for Observed Forward Citations
N Mean Std. Min. Median Max
Acquired Patents 1291 120.08 191.75 0 62 2277
Failed Startup 23 63.65 128.21 0 31 622
Individual-inventor-
started company 646 124.99 199.14 0 49 1272
Product company 2186 77.50 144.12 0 29 1780
Individual 230 51.04 179.32 0 18.5 2464
IP subsidiary of
product company 29 168.86 261.06 0 93 1387
13. Comparative Statistics
Table 6. Statistics for Predicted Forward Citations
N Mean Std. Min. Median Max
Acquired Patents 1291 144.14 207.35 0 81.33 2374.21
Failed Startup 23 107.63 138.85 0 102.57 679.29
Individual-inventor-
started company 646 162.15 236.52 0 73.97 1710.38
Product company 2186 102.99 170.08 0 48.38 2166.81
Individual 230 61.94 180.49 0 29.59 2464.00
IP subsidiary of
product company 29 214.09 275.51 0 135.12 1387.00
14. Comparative Statistics
Table 1. Statistics for Length of the 1st Claim
N Mean Std. Min. Median Max
Acquired Patents 1291 948.56 748.18 0 845 16999
Failed Startup 23 1018.04 698.73 0 1249 3000
Individual-inventor-
started company 646 1046.96 1026.89 0 965 14088
Product company 2186 1002.72 1670.94 0 819.5 24374
Individual 230 992.25 905.31 0 831 6407
IP subsidiary of product
company 29 998.66 702.04 0 928 2293
15. Comparative Statistics
Table 7. Statistics for Duration Between Patent Grant and
Filing of Lawsuit
N Mean Std. Min. Median Max
Acquired Patents 907 3679.27 2330.94 -1791 4252 8739
Failed Startup 20 321.90 1794.82 -1695 -498 4726
Individual-inventor-
started company 425 2550.07 1937.05 -2790 2451 6565
Product company 911 2056.03 2168.45 -4442 1707 7885
Individual 38 1763.11 2307.02 -3570 1768.5 6342
IP subsidiary of product
company 18 3542.33 2495.84 -1952 3818 7169
16. DifferencesamongPatentValueMeasures
Table 9. Correlation Between Patent Value Factors
Length of
the 1st
Claim
Claim
Counts
Geo
Coverage
Backward
Citations
Observed
Forward
Citations
Predicted
Forward
Citations
Length of
the 1st
Claim 1
Claim
Counts -0.024 1
Geo
Coverage 0.0416*** 0.04** 1
Backward
Citations 0.034** 0.1592*** 0.0764*** 1
Observed
Forward
Citations 0.0584*** 0.1369*** 0.0742*** -0.0279* 1
Predicted
Forward
Citations 0.0648*** 0.1611*** 0.1135*** 0.0629*** 0.9608*** 1
Note: Standard errors in parentheses. *** p<0.01, ** p<0.05, * p<0.1
17. ANOVA for Plaintiff Types
Variables F R-squared
Adj R-
squared N
Length of the
1st Claim 0.41 0.00 0.00 4450
Claim Counts 12.27*** 0.03 0.03 3987
Geo Coverage 9.51*** 0.02 0.02 4450
Backward
Citations 14.93*** 0.04 0.03 4450
Observed Forward
Citations 9.51*** 0.02 0.02 4450
Predicted
Forward
Citations 9.86*** 0.02 0.02 4450
Note: Standard errors in parentheses. *** p<0.01, ** p<0.05, *
p<0.1
18. 0
1
2
3
4
5
6
7
Adj. Length
of the 1st
Claim
Claim
Counts
Geo
Coverage
Backward
Citations
Observed
Forward
Citations
Predicted
Forward
Citations
Patent Value Measures by Rank
for Different Plaintiff Types
Acquired Patents
Individual-inventor-started
company
Product company
IP subsidiary of product company
Failed Startup
Individual
19. Some Thoughts
1. The relationships between patent value measures vary
across both technologies/industries and plaintiff types.
2. It is important to look at various patent value measures
and explore their heterogeneity across
technology/industry types and plaintiff types.
3. The discussed patent value measures are not
independent. e.g., Why is the length of the 1st claim
positively correlated with other patent value measures?
Shorter claim length may not indicate higher patent
value.
4. The relationships between predicted forward citations
and other patent value factors may not be linear.
(Abrams et al. 2013).
Observation size will be cut to 2340, if technology type is included.
After merging the database of patent value and litigation, 12 plaintiff types are left. 6 of the types have more than 20 observations.
After merging with NBER database, only 2340 observations are left.
The combined IT industries contain the industries of computers & communications, electrical & electronic, communications, and software.
The combined life science industries contain chemical, drugs & medical, and surgery & medical instruments.
The manufacturing industry is itself per se.
ANOVA is for analyzing group differences, such as plaintiffs 'differences on patent value factors.
OLS regression is to preliminary estimate correlation between different patent value factors.
There are 12 plaintiff types in total. We only show if the samples of the plaintiff type is more than 20.
Acquired patents and individual inventor started company(patent holding company) are NPEs.
IP subsidiary of product company and product company are both operating product companies.
The yellow cute highlights the highest mean among the plaintiff types. The light teal cute highlights the lowest mean among the plaintiff types.
NBER provides the grant date.
This database includes tech code for including the duration between patent granted and litigation filed. The correlation relationships are consistent with the database without controlling for tech code.
Scholars usually use forward citation numbers to present patent value. There, it is positively correlated with all of the other patent value factors.
The relationship between backward citations and age is negative, not positive as Falk argues.(Falk, 2016).(but we lost age).
The patents with longer claims have more forward citations, so shorter claim length may not indicate higher patent value, which is different from Okada proves with Japanese data. (Okada et al., 2016)
Most patent value factors are different across plaintiff types in a statistically significant degree.
But length of the 1st claim is a different story.
The ranking is across 13 types of plaintiff types. We only show if the samples of the plaintiff type is more than 20.
In adjusted 1st claim length, the higher ranking (0) means shorter 1st claim.
Literature suggests that the patent value by individuals/start-ups is higher than patent value by larger firms. If small patenteesâ patents are not acquired by NPE, claim counts, geography coverage, and citations suggest an opposite story. (Lemley et al., 2003).
Abrams et al. found that patent value and forward citations exist an inverted-U shaped relationship. They also found inverted-U shaped relationships between age and patent value and between age and forward citations. But their data only cover NPE and do not look into industries, which is a big gap.
The length of the 1st claim is only negatively correlated with claim counts, meaning that the more claim counts one patent includes, the shorter the 1st claim of the patent is. This may not be about patent value, but just about patent drafting. A broader first claim, which is shorter, can have more possibilities to be written as other claims.