The backlog issue in patents: A look at the European case Review Article

Backlogs can be caused by an increase in the number of patent applications and patent size. A large number of patents granted could be explained by patent examiners’ bonuses, legal and cultural contexts, claim forms, the geographical origin of patents, a firm’s experience in patenting, the number of inventors involved in the patent application, and the number of patent classes involved in the application. An increase in the size of patents might be caused by the filing route choice, sector idiosyncrasies, and filing strategy. In order to tackle the backlog issue, the Administrative Council of the European Patent Office has been advised to follow five strategic lines of enquiry.