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Patents As Incomplete Contracts
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Book Synopsis Patents as Incomplete Contracts by : Jay P. Kesan
Download or read book Patents as Incomplete Contracts written by Jay P. Kesan and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In high technology areas such as biotechnology and computer software, the U.S. Patent and Trademark Office (PTO) is poorly informed about the relevant prior art. In these cases, it may be optimal for the PTO to provide incentives to the patentee to produce a complete prior art disclosure. Such incentives could accord a specific, high presumption of validity to the prior art disclosed by the patentee, thereby limiting the use of the disclosed prior art for invalidation purposes in subsequent (i.e., post-issuance) litigation. Building upon Grossman and Hart's model of incomplete contracts, we show that a regime that trades a reduction in post-issuance litigation uncertainty for a complete prior art disclosure maximizes social welfare because it benefits both the patentee and the PTO. The patentee favorably views the reduction in litigation uncertainty and greater control over the possibility of the public's perspective, a fuller prior art disclosure may allow the PTO to grant patent rights commensurate with innovation and to avoid the detrimental consequences of an overbroad patent grant. In sum, this proposal is an incentive-capatible trade that maximizes joint social surplus. The optimal policy for high technology inventions (characterized by asymmetric information and high productivity effects) provides incentives for well-informed patentees to reveal information regarding the relevant prior art to the PTO during patent prosecution. This is consonant with a body of contracting literature that proposes that when parties are asymmetrically informed, default rules that penalize the more informed party will be welfare-enhancing by inducing that party to reveal information. However, in our case, we do not impose a penalty on the better-informed party, the patentee. Rather, we permit a transfer of ex post bargaining rights (i.e., reduce the public's residual right to invalidate the patent) in order to induce the better-informed party to reduce the informational asymmetry between the patentee and the PTO.
Book Synopsis Patent Licensing with Incomplete Contracts by : Martin Stauber
Download or read book Patent Licensing with Incomplete Contracts written by Martin Stauber and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis SSOs, FRAND, and Antitrust by : Joshua D. Wright
Download or read book SSOs, FRAND, and Antitrust written by Joshua D. Wright and published by . This book was released on 2013 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contracts for Engineers by : Robert D. Hunter
Download or read book Contracts for Engineers written by Robert D. Hunter and published by CRC Press. This book was released on 2011-09-26 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers—and then better understand the legal advice they receive. Building on its exploration of contracts, this book expands discussion to: Patents, copyrights, trademarks, trade secrets, and other intellectual property issues Development of standards and the bodies that govern them, as well as conformity assessment and accreditation Ethics at both the micro and macro levels—a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston’s Big Dig, and a coal-mining accident that resulted in many deaths With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government. Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.
Book Synopsis The Patent Crisis and How the Courts Can Solve It by : Dan L. Burk
Download or read book The Patent Crisis and How the Courts Can Solve It written by Dan L. Burk and published by ReadHowYouWant.com. This book was released on 2010-10-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...
Book Synopsis Licensing Standard Essential Patents by : Igor Nikolic
Download or read book Licensing Standard Essential Patents written by Igor Nikolic and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Book Synopsis Fundamentals of Patent Law by : Matt Fisher
Download or read book Fundamentals of Patent Law written by Matt Fisher and published by Bloomsbury Publishing. This book was released on 2007-09-19 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2008 Young Authors Inner Temple Book Prize This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.
Book Synopsis Trust, Incomplete Contracts and the Market for Technology by : Paul H. Jensen
Download or read book Trust, Incomplete Contracts and the Market for Technology written by Paul H. Jensen and published by . This book was released on 2013 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conditional on the decision to enter the market for immature technology, we test for the effects that trust – as proxied by the context in which the negotiating parties met – has on the likelihood that these negotiations are successful. Using a randomised dataset of 860 university-firm and firm-firm technology transactions, we find that the depth of prior relationship and circumstantial knowledge about each other matters, and matters a lot. Parties who knew each other from a previous business are 28.2 percentage points more likely to conclude a transaction compared with cold-callers. Meeting via an industry network offers an intermediate advantage but meeting via a third party or at a conference only offers a modest advantage over cold calling.
Book Synopsis Research Handbook on the Economics of Intellectual Property Law by : Ben Depoorter
Download or read book Research Handbook on the Economics of Intellectual Property Law written by Ben Depoorter and published by Edward Elgar Publishing. This book was released on 2019 with total page 1504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Book Synopsis Choice, Complexity and Ignorance by : Brian J. Loasby
Download or read book Choice, Complexity and Ignorance written by Brian J. Loasby and published by CUP Archive. This book was released on 1976-04-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Case For Patents by : Daniel F Spulber
Download or read book The Case For Patents written by Daniel F Spulber and published by World Scientific. This book was released on 2021-03-02 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.
Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-10-30 with total page 148 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.
Book Synopsis Gene Patents and Collaborative Licensing Models by : Geertrui van Overwalle
Download or read book Gene Patents and Collaborative Licensing Models written by Geertrui van Overwalle and published by Cambridge University Press. This book was released on 2009-06-11 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Book Synopsis Identity, Invention, and the Culture of Personalized Medicine Patenting by : Shubha Ghosh
Download or read book Identity, Invention, and the Culture of Personalized Medicine Patenting written by Shubha Ghosh and published by Cambridge University Press. This book was released on 2012-09-10 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the normative implications of patenting in the area of personalized medicine? As patents on genes and medical diagnoses have increased over the past decade, this question lies at the intersection of intellectual property theory, identity politics, biomedical ethics and constitutional law. These patents are part of the personalized medicine industry, which develops medical treatments tailored to individuals based on race and other characteristics. This book provides an overview of developments in personalized medicine patenting and suggests policies to best regulate such patents.
Book Synopsis The Law and Practice Relating to Letters Patent for Inventions by : Roger William Wallace
Download or read book The Law and Practice Relating to Letters Patent for Inventions written by Roger William Wallace and published by London : William Cowes and Sons. This book was released on 1900 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property, Entrepreneurship and Social Justice by : Lateef Mtima
Download or read book Intellectual Property, Entrepreneurship and Social Justice written by Lateef Mtima and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit th
Book Synopsis Locating Legal Certainty in Patent Licensing by : Ashish Bharadwaj
Download or read book Locating Legal Certainty in Patent Licensing written by Ashish Bharadwaj and published by Springer Nature. This book was released on 2022-11-29 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe.
