High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies

This article explores one type of administrative mechanism to achieve high-quality patents: Article 115 of the European Patent Convention, which permits the inclusion of third parties to provide input to the prior art search and to communicate relevant information to the examiner in charge. Our empirical research analyzes the field of human genetic inventions. The empirical findings here show that third parties usually participate only after patents have been granted. Between 1999 and 2009, only a limited number of human gene patent cases made use of third-party, pre-grant interventions. There is thus an imbalance between third-party participation in the pre- and post-grant phase of patent prosecution, and we urge for greater participation of knowledge communities in the search and examination process. Europe should create a funnel for participation through advisory bodies and learned societies, which would allow judicious consideration of the search and examination, with a resultant improvement in patent quality.