Patents as an Incentive for Innovation

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524146
Total Pages : 474 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Patents as an Incentive for Innovation by : Rafal Sikorski

Download or read book Patents as an Incentive for Innovation written by Rafal Sikorski and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Patents, Citations, and Innovations

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Publisher : MIT Press
ISBN 13 : 9780262600651
Total Pages : 502 pages
Book Rating : 4.6/5 (6 download)

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Book Synopsis Patents, Citations, and Innovations by : Adam B. Jaffe

Download or read book Patents, Citations, and Innovations written by Adam B. Jaffe and published by MIT Press. This book was released on 2002 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of how patents and citation data can serve empirical research on innovation and technological change.

The Battle Over Patents

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Publisher : Oxford University Press
ISBN 13 : 019757615X
Total Pages : 393 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Battle Over Patents by : Stephen H. Haber

Download or read book The Battle Over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.

Patents and Innovation Trends and Policy Challenges

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Author :
Publisher : OECD Publishing
ISBN 13 : 926402672X
Total Pages : 32 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Patents and Innovation Trends and Policy Challenges by : OECD

Download or read book Patents and Innovation Trends and Policy Challenges written by OECD and published by OECD Publishing. This book was released on 2004-02-02 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few systematic economic evaluations have been carried out on patent system to better inform policy choices. This report, which covers a range of areas, and highlights some issues that policy makers should address in the near future, including ...

Innovation and Its Discontents

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Publisher : Princeton University Press
ISBN 13 : 1400837340
Total Pages : 253 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Innovation and Its Discontents by : Adam B. Jaffe

Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

Patents

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1786301180
Total Pages : 292 pages
Book Rating : 4.7/5 (863 download)

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Book Synopsis Patents by : Marc Baudry

Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-11-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

Innovation Without Patents

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Publisher : Edward Elgar Publishing
ISBN 13 : 1847204449
Total Pages : 217 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Innovation Without Patents by : U. Suthersanen

Download or read book Innovation Without Patents written by U. Suthersanen and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone with an interest in patent law, intellectual property law generally, and/or the interplay of policy and practice at the forefront of an essentially economic but ideology laden area of law, this is an excellent work providing much food for thought. . . This work is an excellent addition to the literature in the area and will fuel ongoing debate over reform. At the very least it will provide an interesting read for those with an interest in intellectual property law, or who practice in the area. The practice of law can all too easily exhibit the worst attributes of scholasticism; work such as this is an enjoyable remedy, and I recommend this book for all those who care to reflect upon the deeper themes of this area of law and who have an interest in the process of debate as opposed to advocacy for a particular position. . . A decent glass of something along with this book makes for an enjoyable few hours at the very least. Gus Hazel, New Zealand Law Journal The current patent system is both facilitator and stumbling block, as the editors recognise, and the problems raised by borderline inventions at the margins of patentability, as well as the detection and deterrence of free riders, reflect this ambiguity. The editors are to be congratulated on putting together such a good and enjoyable read, complete with a set of conclusions and recommendations. ipkat.com Clearly written in an accessible style, this book brings together economic thinking on innovation and legal thinking on unpatentable invention and sets them in the context of the legal systems in countries in various parts of the world. Its great merit is the emphasis on empirical and institutional analysis of theory and practice. It should inform IP policy-making everywhere. Ruth Towse, Erasmus University Rotterdam, The Netherlands This book asks whether or not protecting unpatentable innovation is a good idea, especially for developing countries. Edited by well-known specialists from the Queen Mary IP Institute and the Singapore IP Academy, who have included their own substantial contributions, the work contains a number of valuable empirical studies by national experts mainly from the Far East and Latin America on the operation of national utility models and other similar schemes designed to protect innovation outside the patent system. The book is essential reading for lawyers, economists, policy makers and NGOs concerned with how best to encourage national and regional innovation and economic prosperity. David Vaver, University of Oxford, UK Focusing on innovation and development, this book, easy to read and full of interesting detail, provides both valuable insight into the theoretical framework of innovation as supported by intellectual property protection and contains valuable case studies of national systems of innovation in the Pacific Rim States. Thomas Dreier, University of Karlsruhe, Germany This book is concerned with the extent to which innovations should or should not be protected as intellectual property, and the implications this has upon the ability of local manufacturers to learn to innovate. A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country s level of development. This discussion is capped by a number of proposed policy options. The theoretical and practical approaches to intellectual property rights, innovation and development policy formulation make Innovation without Patents acce

Mechanisms to Enable Follow-On Innovation

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Publisher : Springer Nature
ISBN 13 : 3030722570
Total Pages : 450 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Mechanisms to Enable Follow-On Innovation by : Alina Wernick

Download or read book Mechanisms to Enable Follow-On Innovation written by Alina Wernick and published by Springer Nature. This book was released on 2021-05-13 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Patent Politics

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Publisher : University of Chicago Press
ISBN 13 : 022643785X
Total Pages : 299 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Patent Politics by : Shobita Parthasarathy

Download or read book Patent Politics written by Shobita Parthasarathy and published by University of Chicago Press. This book was released on 2017-02-21 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion

Patents

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Publisher : John Wiley & Sons
ISBN 13 : 1119473853
Total Pages : 280 pages
Book Rating : 4.1/5 (194 download)

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Book Synopsis Patents by : Marc Baudry

Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-11-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

An Economic Review of the Patent System

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Author :
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis An Economic Review of the Patent System by : Fritz Machlup

Download or read book An Economic Review of the Patent System written by Fritz Machlup and published by . This book was released on 1958 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.

Imitation to Innovation in China

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781848442061
Total Pages : 0 pages
Book Rating : 4.4/5 (42 download)

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Book Synopsis Imitation to Innovation in China by : Yahong Li

Download or read book Imitation to Innovation in China written by Yahong Li and published by Edward Elgar Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following decades in which China's approach to technology has been to imitate, the country is now transforming itself to become innovation-oriented. This pioneering study examines whether patents play a similar role in promoting innovation in China as they do in the West, exploring the interplay between patents and China's biotechnology and pharmaceutical industries in particular.

A Patent System for the 21st Century

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Publisher : National Academies Press
ISBN 13 : 0309089107
Total Pages : 186 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis A Patent System for the 21st Century by : National Research Council

Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

Economics of Research and Innovation in Agriculture

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022677905X
Total Pages : 270 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Economics of Research and Innovation in Agriculture by : Petra Moser

Download or read book Economics of Research and Innovation in Agriculture written by Petra Moser and published by University of Chicago Press. This book was released on 2021-10-08 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The challenges facing agriculture are plenty. Along with the world's growing population and diminishing amounts of water and arable land, the gradual increase in severe weather presents new challenges and imperatives for producing new, more resilient crops to feed a more crowded planet in the twenty-first century. Innovation has historically helped agriculture keep pace with earth's social, population, and ecological changes. In the last 50 years, mechanical, biological, and chemical innovations have more than doubled agricultural output while barely changing input quantities. The ample investment behind these innovations was available because of a high rate of return: a 2007 paper found that the median ROI in agriculture was 45 percent between 1965 and 2005. This landscape has changed. Today many of the world's wealthier countries have scaled back their share of GDP devoted to agricultural R&D amid evidence of diminishing returns. Universities, which have historically been a major source of agricultural innovation, increasingly depend on funding from industry rather than government to fund their research. As Upton Sinclair wrote of the effects industry influences, "It is difficult to get a man to understand something when his salary depends upon his not understanding it." In this volume of the NBER Conference Report series, editor Petra Moser offers an empirical, applied-economic framework to the different elements of agricultural R&D, particularly as they relate to the shift from public to private funding. Individual chapters examine the sources of agricultural knowledge and investigate challenges for measuring the returns to the adoption of new agricultural technologies, examine knowledge spillovers from universities to agricultural innovation, and explore interactions between university engagement and scientific productivity. Additional analysis of agricultural venture capital point to it as an emerging and future source of resource in this essential domain"--

To Promote Innovation

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Publisher : DIANE Publishing
ISBN 13 : 1428952748
Total Pages : 315 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis To Promote Innovation by : United States. Federal Trade Commission

Download or read book To Promote Innovation written by United States. Federal Trade Commission and published by DIANE Publishing. This book was released on 2003 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.

Patents and Innovation in China and Hong Kong

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107194644
Total Pages : 289 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Patents and Innovation in China and Hong Kong by : Yahong Li

Download or read book Patents and Innovation in China and Hong Kong written by Yahong Li and published by Cambridge University Press. This book was released on 2017-10-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book on how patents and innovation interact within the two co-existing patent systems in mainland China and Hong Kong.

The Battle over Patents

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Author :
Publisher : Oxford University Press
ISBN 13 : 0197576184
Total Pages : 393 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Battle over Patents by : Stephen H. Haber

Download or read book The Battle over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021-08-06 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.