How Do Patents Affect Follow On Innovation
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How Do Patents Affect Follow On Innovation
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Author : Bhaven N. Sampat
language : en
Publisher:
Release Date : 2015
How Do Patents Affect Follow On Innovation written by Bhaven N. Sampat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Genes categories.
We investigate whether patents on human genes have affected follow-on scientific research and product development. Using administrative data on successful and unsuccessful patent applications submitted to the US Patent and Trademark Office, we link the exact gene sequences claimed in each application with data measuring follow-on scientific research and commercial investments. Using this data, we document novel evidence of selection into patenting: patented genes appear more valuable -- prior to being patented -- than non-patented genes. This evidence of selection motivates two quasi-experimental approaches, both of which suggest that on average gene patents have had no effect on follow-on innovation.
Patents And Follow On Innovation
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Author : Julian Boulanger
language : en
Publisher:
Release Date : 2019
Patents And Follow On Innovation written by Julian Boulanger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Patents motivate innovation by rewarding inventors with exclusivity rights over their inventions. But scholars have argued that this reward theory of patents is not sufficient to justify the patent system. When innovation is cumulative, patents can either promote or block follow-on innovation and knowing the conditions under which these effects prevail is key to understanding whether patents are, overall, desirable or not. In this paper, I study how patent protection on existing technologies affect follow-on innovation using data on patent renewal decisions in the U.S. To address the endogeneity of renewal decisions, I construct an instrument using the large increases in maintenance fees that took place in 2013 following the enactment of the America Invents Act. My findings show that, on average, patents have a strong blocking effect on follow-on innovation. But this average effect masks considerable heterogeneity. First, I explore variation across the three stages at which patents must be renewed over their lifetime and find that the blocking effect is entirely driven by patents in the first and second stages. At the third maintenance stage, patents appear, instead, to promote follow-on innovation. Second, I assess potential heteregeneity across different technology areas and find that patents block follow-on innovation more in discrete technology areas and when patent ownership is highly fragmented.
Measuring Follow On Innovation
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Author : Janet Freilich
language : en
Publisher:
Release Date : 2022
Measuring Follow On Innovation written by Janet Freilich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
How patents affect follow-on innovation is a key question for the patent system. We disaggregate follow-on innovation into activities that infringe patents and others that do not infringe but can be indirectly affected by patents. Replicating an important study using our disaggregated measure, we find that 87 percent of follow-on innovation is not patent infringement. Supplementing the study's empirical strategy with data on patent expiration dates, we find that gene patents which are not close to expiration cause an increase in noninfringing follow-on research, but the effect disappears for patents close to expiration. Our nuanced measure helps better identify the mechanisms of patents' effect, reconcile disparate results in the literature, and evaluate policy reform.
How Do Patents Affect Research Investments
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Author : Heidi L. Williams
language : en
Publisher:
Release Date : 2017
How Do Patents Affect Research Investments written by Heidi L. Williams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Patent laws and legislation categories.
While patent systems have been widely used both historically and internationally, there is nonetheless a tremendous amount of controversy over whether patent systems -- in practice -- improve the alignment between private returns and social contributions. In this paper, I describe three parameters -- how the disclosure function affects research investments, how patent strength affects research investments in new technologies, and how patents on existing technologies affect follow-on innovation -- needed to inform the question of how patents affect research investments, and review the available evidence which has attempted to empirically estimate these parameters.
Patents As An Incentive For Innovation
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Author : Rafal Sikorski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-16
Patents As An Incentive For Innovation written by Rafal Sikorski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-16 with Law categories.
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.
Patent Publication And Innovation
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Author : Deepak Hegde
language : en
Publisher:
Release Date : 2022
Patent Publication And Innovation written by Deepak Hegde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Inventors categories.
How does the publication of patents affect innovation? We answer this question by exploiting a large-scale natural experiment--the passage of the American Inventor's Protection Act of 1999 (AIPA)--that accelerated the public disclosure of most U.S. patents by two years. We obtain causal estimates by comparing U.S. patents subject to the law change with "twin" European patents which were not. After AIPA's enactment, U.S. patents receive more and faster follow-on citations, indicating an increase in technology diffusion. Technological overlap increases between distant but related patents and decreases between highly similar patents, and patent applications are less likely to be abandoned post-AIPA, suggesting a reduction in duplicative R&D. Firms exposed to one standard deviation longer patent grant delays increased their R&D investment by 4% after AIPA. These findings are consistent with our theoretical framework in which AIPA provisions news shocks about related technologies to follow-on inventors and thus alters their innovation decisions.
Innovation And Its Discontents
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Author : Adam B. Jaffe
language : en
Publisher: Princeton University Press
Release Date : 2011-05-27
Innovation And Its Discontents written by Adam B. Jaffe and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-27 with Business & Economics categories.
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.
The Battle Over Patents
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Author : Stephen H. Haber
language : en
Publisher: Oxford University Press
Release Date : 2021
The Battle Over Patents written by Stephen H. Haber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Business & Economics categories.
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 In The Knowledge Based Economy
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2003-09-11
Patents In The Knowledge Based Economy written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-11 with Political Science categories.
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.
The Effects Of Patent Characteristics As Signals On The Growth Of Follow On Innovations Evidence From Chinese Patenting Activities In U S
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Author :
language : en
Publisher:
Release Date : 2001
The Effects Of Patent Characteristics As Signals On The Growth Of Follow On Innovations Evidence From Chinese Patenting Activities In U S written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
As global trade and business activities intensified, cross-national patenting activities have been playing an increasingly important role in the process of innovation accumulation and growth. However, few studies (to my knowledge) have examined the characteristics of cross-national patents and their relationship to the accumulation and growth of innovation, especially in the context of a developing versus a developed country. Motivated by the anecdotal evidence and `Patent Signaling Theory'(Spence, 1973), I investigate the possible influential factors on the `quality' of a US patent with a Chinese priority (thereafter `US-CN' patent) and their impact on the growth of follow-on innovation. By developing and analyzing a unique dataset of 4490 U.S. and Chinese patent matched pair from both U.S. Patent and Trademark Office (USPTO) and State Intellectual Property Office (SIPO), this study investigates the impact of patent strength, patent scope, cross-national inventors, multinational assignees and strength of intellectual property rights (IPR) regime on the growth of innovation in the U.S. The data set consists of patents that are first filed in China, a developing country with uncertain IPR, and subsequently filed and patented in the U.S., a developed country with a mature economy and strong IPR protection. I employ the negative binomial regression model and find that the number of patent claims, patent classes, cross-national inventors and of multinational assignees have a significant and positive impact on the forward citations of the focal patents. I also find that developing a patented innovation under a strong IPR regime does not necessarily increase its follow-on use and innovations as proxied by its forward citations. This work has significant management implications for firm strategies and technology competitiveness especially domestic firms and multinational corporations with activities across national boundaries.