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Author : Arnaud Gasnier
Publisher : Eburon Uitgeverij B.V.
ISBN 13 : 9059722302
Total Pages : 282 pages
Book Rating : 4.0/5 (597 download)
Download or read book The Patenting Paradox written by Arnaud Gasnier and published by Eburon Uitgeverij B.V.. This book was released on 2008 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bronwyn H. Hall
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Patent Paradox Revisited written by Bronwyn H. Hall and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We examine the patenting behavior of firms in an industry characterized by rapid technological change and cumulative innovation. Recent survey evidence suggests that semiconductor firms do not rely heavily on patents to appropriate returns to R&D. Yet the propensity of semiconductor firms to patent has risen dramatically since the mid-1980s. We explore this apparent paradox by conducting interviews with industry representatives and analyzing the patenting behavior of 95 US semiconductor firms during 1979-95. The results suggest that the 1980s strengthening of US patent rights spawned "patent portfolio races" among capital-intensive firms, but also facilitated entry by specialized design firms.
Author : Bronwyn H. Hall
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Patent Paradox Revisited written by Bronwyn H. Hall and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the patenting behavior of firms in an industry characterized by rapid technological change and cumulative innovation. Recent evidence suggests that semiconductor firms do not rely heavily on patents, despite the strengthening of US patent rights in the early 1980s. Yet the propensity of semiconductor firms to patent has risen dramatically over the past decade. This paper explores this apparent paradox by analyzing the patenting activities of almost 100 US semiconductor firms during 1980-94. The results suggest that stronger patents may have facilitated entry by firms in niche product markets, while spawning "patent portfolio races" among capital-intensive firms.
Author : Bronwyn H. Hall
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (318 download)
Download or read book The Patent Paradox Revisited written by Bronwyn H. Hall and published by . This book was released on 1999 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the patenting behavior of firms in an industry characterized by rapid technological change and cumulative innovation. Recent evidence suggests that semiconductor firms do not rely heavily on patents, despite the strengthening of US patent rights in the early 1980s. Yet the propensity of semiconductor firms to patent has risen dramatically over the past decade. This paper explores this apparent paradox by analyzing the patenting activities of almost 100 US semiconductor firms during 1980-94. The results suggest that stronger patents may have facilitated entry by firms in niche product markets, while spawning patent portfolio races' among capital-intensive firms.
Author : Michael A. Carrier
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Unraveling the Patent-Antitrust Paradox written by Michael A. Carrier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection of the patent and antitrust laws presents a formidable paradox. The patent laws increase invention and innovation by offering inventors a right to exclude. The antitrust laws foster competition, sometimes through the condemnation of such exclusion. Courts and commentators have struggled with this conflict for generations. To determine whether a company's patent-based actions constitute monopolization, for example, courts have focused on rebuttable presumptions, the scope of the patent, the intent of the defendant, and the denial of an essential facility. This Article proposes a new reconciliation of the patent and antitrust laws. It proffers a common denominator by which the laws can be measured and compared: innovation. And it offers a test that courts should apply when evaluating monopolists' patent-based activity under Section 2 of the Sherman Act. The test takes the form of a rebuttable presumption that proceeds in three steps: (1) a presumption that, as long as the monopolist has a justification for the patent-based action other than harming competitors, the conduct is lawful; (2) a rebuttal if competition (and not patents) is responsible for innovation in the industry; and (3) a surrebuttal by which the monopolist can demonstrate that the relevant market in the industry is characterized by innovation. The centerpiece of the analysis is the rebuttal, which evaluates three ex ante factors (the presence of market-based incentives to innovate, the ease of creating the patented product, and the difficulty of imitating the product) and the ex post factor of the cumulative nature of innovation in the industry. If both the ex ante and ex post factors reveal the primacy of competition in attaining innovation in an industry, then the rebuttal will be met. The Article concludes by applying the test to three hypothetical patentee monopolists: the Bully Monopolist, the Biopharmaceutical Patentee, and the Internet Auctioneer.
Author : Timothy R. Holbrook
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (129 download)
Download or read book Equivalency and Patent Law's Possession Paradox written by Timothy R. Holbrook and published by . This book was released on 2012 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Federal Circuit's current law, the doctrine of equivalents protects only those technologies that arise after the patent issues. This state of affairs creates a curious paradox: the patentee is afforded protection for that which she did not possess, which runs counter to the general view that patents afford protection for the inventor's creation.This paper explores this paradox and offers two possible means of reconciling it based on principles of fairness. First, patentees should only be protected under the doctrine of equivalents for changes in technology that arise from outside their field of technology. While seemingly simple in application, this approach fails to link the scope of protection to the patent's disclosure.The second would provide protection under the doctrine of equivalents if the patent's disclosure would enable the asserted equivalent at the time of infringement. The patent's disclosure is therefore allowed to grow over time, providing insurance against the patent's obsolescence and effectively extending its life span. This approach offers a better theoretical fit in that it ties the right to exclude to the patent's disclosure. It would provide considerable protection to the patentee, however.In order to keep the doctrine of equivalence in check -- either under the status quo or under the Article's proposal -- the author suggests that those who infringe under the doctrine of equivalents should not be subject to permanent injunctions. In other words, the doctrine of equivalents would operate pursuant to a liability rule, not a property rule. This shift is particularly appropriate given the high transaction costs surrounding patent scope, and particularly equivalency. In this way, the interest of the patentee can be protected to some extent, balanced by the interest in third parties in being able to practice their later-developed technologies.
Author : Jacob S. Sherkow
Publisher :
ISBN 13 :
Total Pages : 67 pages
Book Rating : 4.:/5 (13 download)
Download or read book Patent Law's Reproducibility Paradox written by Jacob S. Sherkow and published by . This book was released on 2017 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law's doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties in reconciling these basic goals of scientific research and patent law. More concretely, it provides several examples of irreproducibility in patents on blockbuster drugs -- Prempro, Xigris, Plavix, and Avastin -- and discusses some of the social costs of the misalignment between good clinical practice and patent doctrine. Ultimately, this analysis illuminates several current debates concerning innovation policy. It strongly suggests that a proper conception of enablement should take into account after-arising evidence. It also sheds light on the true purpose -- and limits -- of patent disclosure. And lastly, it untangles the doctrines of enablement and utility.
Author : Michael A. Carrier
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Resolving the Patent-Antitrust Paradox Through Tripartite Innovation written by Michael A. Carrier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issues presented by the intersection of the patent system and the antitrust laws have never been as pressing as they are today. The number of issued patents is skyrocketing. Companies are more frequently entering into arrangements with competitors not only to recover their investment from creating patented products but also to avoid the patent landmines that line the path of innovation. They form patent pools for laser eye surgery, MPEG-2 video compression technology, and DVD formatting; enter into alliances, mergers, and settlements in the biopharmaceutical industry; refuse to license their patented products in various industries; and cross-license their patents in the semiconductor industry. But the need for collaborative and exclusionary conduct under the patent system is matched by the heightened suspicion of the antitrust laws. Antitrust looks at these patent-based activities and sees lessened competition, increased price, and reduced output. And it pays scant attention to the benefits of the activity in promoting innovation or the justification for the activity based on the patent system. This Article resolves the patent-antitrust paradox in three steps. First, it offers innovation as the common denominator of the patent and antitrust laws. Second, it proposes a new explanation that firms can offer in defense of the challenged activity: that it is reasonably necessary to attain tripartite innovation. Tripartite innovation denotes the three temporal stages of innovation: the creation of the product, the recovery of the investment incurred in creating the product, and the circumvention of patent bottlenecks that block the path of innovation. Third, it carves out a greater role for the justification in all aspects of antitrust activity, including mergers, joint ventures, patent pools, licensing, and refusals to license. The approach offered by this Article thus prescribes a more prominent and lasting role in antitrust analysis for the patent system and for the multiple components of innovation.
Author : Mark Kudeborg
Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.:/5 (224 download)
Download or read book Dealing with the Patent Paradox written by Mark Kudeborg and published by . This book was released on 2004 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Andrew Young
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (646 download)
Download or read book Preserving the Patent Paradox- Post-grant Balance and the Link Between Access and Ethics in Biotechnology written by John Andrew Young and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ashish Arora
Publisher :
ISBN 13 :
Total Pages : 33 pages
Book Rating : 4.:/5 (93 download)
Download or read book The Paradox of Openness Revisited written by Ashish Arora and published by . This book was released on 2015 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christine MacLeod
Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (12 download)
Download or read book The paradoxes of patenting written by Christine MacLeod and published by . This book was released on 1991 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : H. I. Dutton
Publisher : Manchester University Press
ISBN 13 : 9780719009976
Total Pages : 248 pages
Book Rating : 4.0/5 (99 download)
Download or read book The Patent System and Inventive Activity During the Industrial Revolution, 1750-1852 written by H. I. Dutton and published by Manchester University Press. This book was released on 1984 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Soma Dey
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.:/5 (319 download)
Download or read book Are Patents Discouraging Innovations? written by Soma Dey and published by . This book was released on 2005 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adam B. Jaffe
Publisher : Princeton University Press
ISBN 13 : 1400837340
Total Pages : 253 pages
Book Rating : 4.4/5 (8 download)
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.
Author : Rochelle Cooper Dreyfuss
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Patents and Human Rights written by Rochelle Cooper Dreyfuss and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an emerging trend, particularly in international circles, to bemoan the human rights paradox in intellectual property. Thus, it is said that intellectual property rights are grounded in fundamental concepts of human dignity and just deserts. At the same time, however, it is recognized that intellectual property rights protect information, a nonrivalrous good. The paradox is said to arise when one human right is pitted against another, when intellectual property rights are used to restrict access to information that could - at no real cost to the developer - be deployed in ways that satisfy fundamental human needs. It is not difficult to understand why this concern is developing. Along with several other international instruments, the Universal Declaration of Human Rights articulates a commitment to protect the rights of creators; these same instruments also recognize rights that require access to the fruits of creativity. As these commitments become enforceable in courts of law, the stage is set for a clash between the right to control information and the right to use it for such purposes as attaining health and education, participating in cultural activities, engaging in expressive conduct, or freely pursuing intellectual inquiry. The thesis of this paper is that the equation of intellectual property rights generally - and patent rights in particular - to human rights is belied by the historical evolution of these rights and negated structurally, by the manner in which claims to intellectual products are recognized in law. The characterization of patent rights as human rights is not only wrong, it also has unfortunate pragmatic consequences: it is harder to make a case for intruding on patent prerogatives when they are characterized as human rights than when they are justified on utilitarian grounds. Moreover, the ad hoc balancing required can lead to unpredictable decision-making and an environment less conducive to investing time and money in intellectual efforts. This paper examines the evidence undermining the equation of patent rights and human rights. It then sets out distinctions that the human rights rhetoric tends to ignore - differences between intellectual efforts protected by copyrights and patents; between safeguarding creative individuals from involuntary servitude and giving them control over the information that their labor produces; and between holding a patent and holding the expectation of acquiring a patent. The paper ends with examples of how a utilitarian justification for patent rights is better suited to the task of furthering social welfare.
Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309167183
Total Pages : 352 pages
Book Rating : 4.3/5 (91 download)
Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
