Patents And Follow On Innovation
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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.
Competition Law And Patents
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Author : Irina Haracoglou
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Competition Law And Patents written by Irina Haracoglou and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking. Jane Nielsen, Competition and Consumer Law Journal The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself. Journal of Intellectual Property Rights Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to essential research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.
Mechanisms To Enable Follow On Innovation
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Author : Alina Wernick
language : en
Publisher: Springer Nature
Release Date : 2021-05-13
Mechanisms To Enable Follow On Innovation written by Alina Wernick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
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.
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.
Patents And Innovation Trends And Policy Challenges
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2004-02-02
Patents And Innovation Trends And Policy Challenges written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-02-02 with categories.
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 ...
To Promote Innovation
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Author : United States. Federal Trade Commission
language : en
Publisher: DIANE Publishing
Release Date : 2003
To Promote Innovation written by United States. Federal Trade Commission and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Competition categories.
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.
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.
The Battle Over Patents
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Author : Stephen H. Haber
language : en
Publisher: Oxford University Press
Release Date : 2021-08-06
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 2021-08-06 with Business & Economics categories.
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.
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.
Learn From The Past Create The Future
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Author : Maria de Icaza
language : en
Publisher: WIPO
Release Date : 2010-12-01
Learn From The Past Create The Future written by Maria de Icaza and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-01 with Law categories.
"Inventions and Patents" is the first of WIPO's Learn from the past, create the future series of publications aimed at young students. This series was launched in recognition of the importance of children and young adults as the creators of our future.