Abstract

  • Patent quality can be determined reliably based on three distinct quality objectives, namely legal framework (legal quality), prior art (substantial quality) and market potential (economic quality).

  • The legal quality of a patent is given by compliance with all legal requirements of the underlying legal framework.

  • The substantial quality of a patent is given by the likelihood that a patent will not be invalidated based on prior art.

  • The economic quality of a patent is given by the market potential of the subject matter protected by the patent.

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