Takashi Miyazawa

Quantitative analyses on claim structures of patent applications filed by market leaders in the fields of analyzing and diagnostic devices

The present study investigates relationships between claim structures of patent applications and market shares of analyzing and diagnostic devices in Japan. In consequence, average numbers of total independent claims of patent application filed by firms whose market shares are in the top positions in their respective markets are significantly greater than those of firms whose shares are 10% or smaller in their respective markets. This result indicates that the number of total independent claims, which is one of important factors for the competitiveness of patent, strongly correlates with high market share.

Patent claims and invalidity

A patents competitiveness is crucial in the enforcement of patent right to protect business and ensure profit. In the patent enforcement, disputes concerning invalidity have now become an inescapable issue. This study quantitatively analyses patents involved with post-grant oppositions filed in the Japan Patent Office. The total number of dependent claims is found to have significant positive correlation with the number of references listed in Japanese granted patent publications in the case of winning patents, but not in losing patents. The result indicates that it is crucial to utilise dependent claims according to the number of prior inventions and potential prior inventions in order to reduce the risk of the revocation and invalidation of a patent.