Index of Patent Systems Strength

About the index

About the Authors

Dr. Nikolaos Papageorgiadis is a Senior Lecturer in International Business at the University of Liverpool Management School. His research focuses on the effects that Intellectual Property (IP) systems have on the business strategy of firms. Dr Papageorgiadis is regularly delivering keynote speeches and presentations at international IP specialist practitioner conferences, and his research informs policymakers and is used by multiple patent and intellectual property practitioners who work in large multinationals, Mittelstand, and SMEs globally. His teaching and executive training practice received excellence awards related to learner engagement and technology enhanced learning.

Dr. Wolfgang Sofka is Professor (MSO) in Strategic and International Management at the Department of Strategy and Innovation at Copenhagen Business School and also holds a professorial appointment as Chair in International Business at the University of Liverpool Management School. Wolfgang’s research focuses on topics in international and innovation strategy. He investigates how firms search for innovative ideas and commercialize them successfully. Wolfgang’s research has appeared in world leading journals such as the Academy of Management Journal, Strategic Management Journal, Journal of International Business Studies, Research Policy or the Journal of Product Innovation Management. He provides regular research inputs to international organizations such as the European Commission or the International Monetary Fund.

About the index of Patent Systems Strength

The strength with which patent owners can effectively enforce their patents in foreign patent systems varies from country to country. Being aware of the international enforceability of patents enables firms to follow appropriate patent protection and monetization strategies. Our research measures the effectiveness and strength of the enforcement of patent systems in 51 countries for the years 1998-2018 (annually). Our data enable large and small companies alike to make rational strategic decisions about registering and enforcing their patent rights abroad.

About the data

This research allows you to:

  • Evaluate how the 51 countries rank in five groups – from very strong to very weak- over time.
  • Download the infographic with a map and overall country ranking for the year (2017-2018).
  • Download the full dataset in Excel format and use it in your econometric or other studies (coming soon).

About the uses of this research

Uses of the index of Patent Systems Strength for:

-          Large companies:

  • Patent and IP Councillors: information relevant to the patent filing and renewing decision process, especially for decisions in growth markets and for multinational firms with large patent portfolios.
  • Product, area, R&D, technology, and licensing managers: information relevant during the strategy formulation process and when taking decisions prior to or when developing business activities abroad. Managers use the index to identify those countries where the strength of enforcement of the patent system is likely to be problematic or confirm or reject their preconceptions about patent systems. R&D, technology and licensing managers may need to introduce or reinforce the security systems, procedures and organizational structures implemented to mitigate the threat of technology and revenue leakage to rivals.
  • Law and Consulting firms: providing fast access to country comparison information as well as providing easily understood information (e.g. infographic) that can help inform, educate and sell to customers.

-          Small and medium sized enterprises (SMEs):

  • SMEs: informing their patent filing and renewing decisions.
  • SME exporting companies: as a first point of reference for assessing the enforcement strength of patent and IP systems in foreign markets – can lead to taking different protection measures or using of alternative business models.

-          Policy making & research organisations:

  • National Intellectual Property (IP) Offices: using the rankings to compare and benchmark their country’s patent system against other systems around the world.
  • Economists and researchers: using the twenty year annual dataset in empirical studies and cross-country comparisons.

About the methodology

The scores of the index capture how managers perceive levels of patent enforcement in a country as well as the effectiveness of a national patent system. We built the index following OECD-recommended techniques with a fully transparent and replicable methodology. The index and its methodology was academically peer reviewed and a detailed discussion of the complete methodology can be found in the full article published at published by the Journal of World Business, underpinning the academic rigour of the research. For the methodology relating to the variables that use the patent litigation data, please contact the authors, as this information is currently under review at an academic journal and can not become publically available until the publication of the work.

About the calculation and weighting of the index

To construct the index we first normalized the thirteen secondary data variables using a standardization technique (z-scores) and transformed them into a single scale with a mean of zero (0) and a standard deviation of one (1). Following the conceptual framework, we categorized and aggregated the data according to the transaction cost construct they are used to proxy. We then applied two multivariate analysis tests that are commonly reported in the index scale construction literature, namely Cronbach’s coefficient alpha and factor analysis (OECD, 2008). The reliability analysis tests revealed strong internal consistency for each of the three transaction cost constructs. We then used factor analysis to inform the application of a weighting scheme to aggregate the variables into a single numerical value for each construct. According to the OECD (2008, p. 89), a weighting scheme derived from factor analysis ‘‘intervenes only to correct for overlapping information between two or more correlated indicators, and is not a measure of the theoretical importance of the associated indicator. If no correlation between indicators is found, then weights cannot be estimated with this method’’. In other words, the weighting applied to construct the index does not differentiate between the importance of each factor but instead represents the highest possible variation in the indicators. Thus, ‘‘the composite (index/construct) no longer depends upon the dimensionality of the dataset but rather is based on the ‘‘statistical’’ dimensions of the data’’ (OECD, 2008, p. 89). The same process (use of reliability and factor analysis) was then followed to construct the overall composite index of international patent systems strength.

Conceptual framework and Data

Transaction costs originating from the patent system and proxies used to calculate the new composite index

Cost Type

Component of the Patent System

Data and Sources

Servicing Costs

Quality of patent administration

Bureaucracy quality index (ICRG)

“Bureaucracy does not hinder business activity” (WCY)

Complexity, clarity & communication of patent related regulations & procedures

Elmer & Gramenopoulos, (2018) & Darts-IP

Property Rights Protection Costs

Judicial enforcement

“Judicial independence” (GCR)

“Law and order” (ICRG)

“Justice is fairly administered” (WCY)

Upholding of patent rights in courts

Elmer & Gramenopoulos, (2018) & Darts-IP

Level of corruption in judiciary

Corruption perceptions index (Transparency International)

Monitoring Costs

Effectiveness of police enforcement

Country listings from the Special 301 Report (United States Trade Representative) (USTR)

Strength of border controls

Opportunistic activities of Non Practicing Entities

Darts IP (2018) & Darts-IP

Positive/negative perceptions of patent owners about national patent protection and enforcement levels

Intellectual property rights (WCY)

Intellectual property protection (GCR)

Cultural and societal attitudes towards the purchase of infringing goods

Global PC software piracy (BSA)

Level of public commitment to patent protection

Source: The authors

Using and referencing our work

All the information and data here is free for you to use, apply and benefit from. All we ask in return is that you reference our work by noting this web address as your source or, where appropriate, by citing:

  • Papageorgiadis, N. & Sofka, W. (2019). Index of patent systems strength 1998-2017. University of Liverpool Working paper, February 2019.
  • the published research [Papageorgiadis et al. (2014). International patent systems strength 1998–2011. Journal of World Business, 49(4), 586-597.].

Let us know how you have used the data and how it benefited you or your organisation so we can build a clear picture of its value.