N. 42, April - June 2009 

IP in practice 
IP eModules 
 
How do patent filings behave during an economic crisis



Patently resilient

Patent filings are often said to be practically immune to economic crisis. This is mainly because the number of filings is closely linked to R&D spending, and in economic downturns, corporations tend not to reduce those expenditures in order to keep or improve their recovery prospects.

Nevertheless, companies can become more selective managing their portfolio and not maintain all their patents, especially the ones not bringing any revenue.


Signs of a slow down

Today, almost all patent offices are registering a slow down in their number of filings. At the USPTO, under the current trend, patent filings should drop by 2%. As a consequence, the office will collect roughly $100 million below projections this budget year. Other analyses predict a 10% drop in filings.

In China, the yearly filing growth rate is now 10%, that’s 11% below what it was a year earlier.

In Europe, the picture is mixed. 2008 saw a decrease in patents from Korea and Japan while many other countries increased their filings.


Lessons from history

An analysis, referenced below, done on patent filings in the 30s shows that crises are only one factor affecting the number of filings. New technology can result in more filings. Today, China and its patent filing fever will most likely positively influence filing trends. All in all, the patent resilience is due to the large number of factors affecting companies’ filing behaviour.


Further reading

A paper covering the 1929 crisis and its influence on patent filings

In China, too, the positive trend slows down

USPTO latest statements on filing trends

Latest EPO figures