Strategic Patenting
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Global Strategic Patenting And Innovation
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Author : Dieter Ernst
language : en
Publisher:
Release Date : 2015
Global Strategic Patenting And Innovation written by Dieter Ernst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Patent infringement categories.
As an exclusionary property right, patents invite their use as a strategic weapon to shape markets and to reap monopoly rents through patent monetization. The increasing variety and global reach of strategic patenting strategies pose new and under-researched challenges for the international distribution of innovation gains. This think piece explores the proliferation of strategic patenting strategies, and highlights the growing complexity and uncertainty of the international patent system that result from the increasing use of patents as market deterrents and as a new asset class. Part One of the paper introduces four manifestations of strategic patenting that are well documented in the literature, i.e. the use of standard-essential patents (SEPs) as entry deterrents; aggressive patent infringement litigation that has galvanized the smart phone wars, with Apple as the pioneer; the proliferation of patent monetization services; and the use of cross-border patent licensing as a tool for corporate transfer pricing and tax planning. While existing research provides important insights into the drivers, we lack systematic theoretical and empirical research on how strategic patenting affects the international distribution of innovation gains. Part Two seeks to shed light on two recent forms of strategic patenting which need both theoretical and empirical case study research, i.e. the rise of Sovereign Patent Funds (SPFs), and first signs of patent-avoiding latecomer strategies, with China's Xiaomi as the most prominent example. The paper concludes with questions for policy and further research.
Strategic Patenting And Evergreening In Pharmaceutical Sector Competition Law As A Panacea
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Author : Monika Mulchandani
language : en
Publisher:
Release Date : 2020-10-06
Strategic Patenting And Evergreening In Pharmaceutical Sector Competition Law As A Panacea written by Monika Mulchandani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-06 with Law categories.
What is the efficacy of Competition Law in regard to scrutinizing strategic patenting practices and evergreening in the pharmaceutical sector under the arrangements of Patent law? The book is a comprehensive study of the pharmaceutical sector in relation to consumer protection whilst considering the excessive price affliction on the availability of affordable health services. It focuses on anti-competitive agreements like cartels, parallel pricing, predatory pricing by pharmaceutical companies including other aspects under competition law, and patients being fettered by patents under intellectual property laws. Drugs being an essential commodity have been part of unfair-trade practices and its implication is leading to extensive price discrimination on a global level. It is a comparative analysis of the implementation of laws in different jurisdictions for the availability of drugs at fair prices, which will include the legal hurdles in the promotion and adoption of low-cost generic drugs by various jurisdictions. The line where fair profits end and the extortion in the name of innovation and exclusivity rights start is a bleak one. This book is aimed at finding that balance that encourages innovation in the pharmaceutical sector as well as makes these innovative drugs affordable and available for common man's use with the efficacy of Competition Law in place. The primary objective of this book is to highlight the capitalist approach of pharmaceutical companies in defeating the larger public interest and the discrepancies of law leading to ethical misconduct.
Patent Management And Valuation
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Author : Grid Thoma
language : en
Publisher: Routledge
Release Date : 2016-06-23
Patent Management And Valuation written by Grid Thoma and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-23 with Business & Economics categories.
Research on patent valuation has become increasingly important in academic and policy circles in the last few decades. In part, this is the outcome of the wide consensus that innovation is a crucial ingredient for growth at various levels. On the other hand, there has also been an overcoming of growth models unilaterally focused on technological-oriented approaches. This book presents novel and original research on patent value determinants, which are intrinsic or extrinsic to the innovator's business model. Grid Thoma has undertaken a long study on the strategic factors affecting patent valuation, bringing extensive quantitative evidences across various geographical and institutional contexts. Beforehand, the valuation of the patent real options is appraised when the innovator can postpone the additional investment required for the patent's successful exploitation. Then, he analyses what other complemental IP strategies are combined with patenting that in turn directly affect the value of patents. Moreover, the book scrutinizes the so-called 'strategic patenting' hypothesis according to which innovators obtain patents for other reasons beyond gaining IP protection. A second order of strategic factors affecting the value of patents resides at the outset of the invention process. These are constituted by knowledge spillovers, which are typically mediated by the local geographical context where the invention process takes place. The analysis shows that the contribution of knowledge spillovers from business and nonbusiness organizations to the value of the patented R&D constitutes a relevant aspect for an innovator's decision making. This thoughtful, cutting-edge research book is vital reading for researchers, academics, and policy decision makers in the area of in market valuation, management of technology, innovation management, and economic geography.
Strategic Patenting
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Author : Robert D. Fish
language : en
Publisher:
Release Date : 2007
Strategic Patenting written by Robert D. Fish and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Strategic Patenting is a comprehensive guide to patenting, from drafting and prosecution to valuation and licensing. Unlike standard patent law texts that don't teach patent drafting, or drafting guide books that teach only the basic mechanics, this book reveals the strategic consideration underlying patent practice. Among other things, the book: Explains the financial aspects of patenting, (e.g. why costs are so high; why a drafter should use fewer independent claims; why divisionals can be great for building a patent attorney's business, but are terrible for applicants; how to choose domestic and foreign filing strategies); Explains how to search patentability, using paid and free resources, why, when and how to use keyword and classification searching, how to get the patent offices to conduct the search early on, and how to set up ongoing searches; Guides the reader to draft claims that really have value, (e.g. using overlapping targets, market-centered claiming, and using creative claiming to secure broad protection in crowded markets); Guides the reader in determining how to build a patent portfolio, both to maximize the protection on an applicant's own invention, and to lay a wet blanket over further developments of the competition; Explains how to deal with rejections both from technical and humanistic standpoints; and discusses when, how, and why applicants should file continuations, divisionals, continuations-in-part, and appeals; Includes information that a practicing patent attorney or agent needs to know to run a practice, including office procedures, strategic considerations for licensing, and valuation of patents; Includes numerous appendices, such as a patent opinion letter, due diligence checklist for transferring IP rights, sample forms for assignments and licenses, and a sample commercialization agreement. The book is a must-read for new and experienced practicing practitioners, inventors, and business management — anyone involved with patents.
Patent Strategy
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Author : Anthony L. Miele
language : en
Publisher: John Wiley & Sons
Release Date : 2002-02-28
Patent Strategy written by Anthony L. Miele and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-28 with Law categories.
FROM PATENT TO PROFIT Patents and patent strategies are increasingly pertinent to the success of information age businesses, from affecting valuations to gaining tax advantages to increasing the starting price per share when taking a company public. Patent Strategy illustrates the impact patents can have on technology-driven businesses' tactical and strategic efforts. Here is step-by-step guidance to the patent process, the laws, and basic strategies-from a business-goal perspective-so that middle and upper-level managers can recognize the significance of patents in relation to a particular business and can incorporate proper patent management efforts into their business framework. In addition, this book serves as an invaluable reference for management and executives when making patent-related decisions such as whether a patent infringement study must be performed; whether the budget for patent matters should be increased or decreased; whether attempts should be made to license certain patent technology; and whether the firm should sue for patent infringement. * Case studies throughout the book give you a specific business context within which to consider the concepts introduced * Statistics are presented to assist you in assessing various issues, planning patent strategies, and implementing patent management programs
Strategic Patent Management
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Author : Lorenz Zehetbauer
language : de
Publisher: GRIN Verlag
Release Date : 2018-03-21
Strategic Patent Management written by Lorenz Zehetbauer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-21 with Business & Economics categories.
Masterarbeit aus dem Jahr 2009 im Fachbereich BWL - Unternehmensführung, Management, Organisation, Technische Universität München (Dr. Theo Schöller-Stiftungslehrstuhl für Technologie- und Innovationsmanagement), Sprache: Deutsch, Abstract: Diese Arbeit beschäftigt sich mit dem Patent System in Deutschland, mit dessen traditionellen Aufgaben und dem Patent Management von Unternehmen. Dabei werden im Besonderen moderne, neu hinzukommende Aufgaben und Ziele des Patent Systems untersucht. Traditionell hat das Patent System die Aufgabe, Erfinder zum Erfinden zu motivieren und im Gegenzug die gemachten Erfindungen der Öffentlichkeit zu präsentieren. Der Vorteil der gesteigerten Wertschöpfung einer Erfindung durch ein Exklusiv-Nutzungs-Recht (Patent) steht dabei in Konflikt mit dem Nachteil der Veröffentlichung, da damit eine Grundlage für Nachahmer und Wettbewerber geschaffen wird. Diese Veröffentlichung hat, neben den hohen Kosten für ein Patent, in jüngerer Vergangenheit dazu geführt, dass andere Mechanismen zur Wertschöpfung aus der Erfindung (z.B. “lead time advantages” und “complementary assets”) vermeintlich wichtiger wurden. Nichtsdestotrotz ist die jährliche Anzahl an Patentanmeldungen annähernd gleichbleibend hoch. Dafür muss es also Gründe innerhalb des Patent Systems geben. Diese Arbeit untersucht das Patent System, insbesondere den Patent-Anmeldungs-Prozess am DPMA1, um solche Gründe näher zu beleuchten. Dabei werden Verhaltensmuster von Erfindern innerhalb des Patent Prozesses, wie sie Henkel und Jell (2009) beschreiben, mit möglichen Motiven für ein solches Verhalten verknüpft. Durch diese Vorgehensweise soll Aufschluss darüber gegeben werden, warum diese Anmelder sich so verhalten und damit aus welchen Gründen sie ein Patent angemeldet haben. Die Ergebnisse dieser Arbeit, die durch eine schriftliche Umfrage (Fragebogen) unter 1160 Erfindern gestützt werden, kommen zu dem Schluss, dass es neben den traditionellen Gründen ein Patent anzumelden, zusätzliche strategische Gründe gibt. Solche sind z.B. die Möglichkeit, mit Hilfe einer Vielzahl von Patentanmeldungen die eigene Technologie-Strategie Wettbewerbern zu verschleiern oder die Möglichkeit, die nationale Patentanmeldung als Grundlage für weitere Patentanmeldungen in anderen Ländern zu nutzen. Diese strategischen Motive eines Erfinders, das Patent System zu nutzen, erklären die konstant hohe Zahl an Patentanmeldungen am DPMA.
Does Strategic Patenting Threaten Innovation And What Could Happen If It Did
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Author : Bernard Girard
language : en
Publisher:
Release Date : 2012
Does Strategic Patenting Threaten Innovation And What Could Happen If It Did written by Bernard Girard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Recent buyouts of Nortel's patent portfolios by a consortium including Microsoft, Apple and Sony and Motorola Mobility's by Google have focused attention on the role of intellectual property (IP) in business strategies. IP changed a lot these last fifteen years. New patent-eligible subject matters (biotechnology, software) and regulatory developments in the United States have since the mid-80s led to a rapid growth of patenting, to a fast raise of patents's value but also to the deterioration of their average quality. It also led to the massive use of Strategic Patenting by firms. These developments contributed to the rise of the prices of intangible assets and goodwill that represent today 80% of the value of the top S&P 500. Globalization, network organizations and generalized subcontracting can explain part of an evolution that could have a significant impact on the pace and direction of innovation. These changes create barriers to new entrants, divert R & D budgets from research and bring major uncertainty to new entrants who never know whether they infringe a patent or not. Universities that file patents may neglect basic research while firms that indulge in strategic patenting spend an increasing proportion of their R&D effort in legal expenses and defensive strategies. Last but not least, these changes could create dangerous speculative bubbles. In short, they could slow the pace of innovation and harm those industries that innovate the most. To counter these dangers, economists recommend the establishment of more efficient markets for patents and licences. In their views, the Silicon Valley could be the center of this market, since that is where operate most specialized operators, brokers and intermediaries. But is it the solution? Can we build an efficient market with intangible assets that cannot be properly priced without inviting speculation? These proposals to establish a market are in line with the standard economic theory that explains that the protection granted to the inventor is an incentive to invest in the search of new processes. For its advocates, more patents means more innovation. But this view is regularly disputed by entrepreneurs who do not care to apply for patents (too expensive, too time consuming) and by economists and sociologists who insist instead on the role of information flows from one entrepreneur to the other. The advocates of an efficient patent market forget that overprotecting IP is not the only solution to promote innovation. They also forget that this market as we know it today was initially created by changes in its regulations in the US. It is the governments that define and give ownership rights to intangible assets, patents or trademarks. Regulations change from one country to the other. And what is good for America is not necessarily good for others. European and Asian governments could look at other ways to stimulate innovation. Rather than move towards the imitation of the American model, they should remember that there can be no progress without a free flow of ideas.
Strategic Patenting Decisions And Their Influence On Firm Patent Valuation
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Author : Peter Cowan
language : en
Publisher:
Release Date : 2018
Strategic Patenting Decisions And Their Influence On Firm Patent Valuation written by Peter Cowan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The economic rents associated with patent portfolios are highly skewed with only a small portion having value. This leads researchers and industry to ask what early strategic patenting decisions around the patent itself will impact the future value of the patent, specifically within the context of small firms. To address this question the paper modeled these ex-ante strategic patenting decisions by using a common measurement of forward citations as a proxy for patent value. The six indicators of family size, breadth, claim count, jurisdiction count, provisional basis and priority claim were modeled using a sample of 386 patents granted in the Mechanical and Electrical field. A focus on the small firm as well as the two strategic patent decision indicators provisional basis and priority claim are areas that have not been explicitly investigated in previous research. Controlling for industry and firm patenting experience resulted in differences of predictors between small and large firms, with a higher likelihood of strategic patenting decisions influencing small firms over large firms. A stronger relationship was found for small firms with indicators of breadth and priority claims, as compared to a weaker relationship of only claim counts for large firms. Research also indicated that from a small firm management perspective the most potential valuable patent is one that covers a broad scope of technology is a new filing and does not claim priority to other applications.
Patent Strategic Plan
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Author : United States. Patent and Trademark Office
language : en
Publisher:
Release Date : 1997
Patent Strategic Plan written by United States. Patent and Trademark Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Customer relations categories.
Patent Strategy
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Author : H. Jackson Knight
language : en
Publisher: John Wiley & Sons
Release Date : 2013-02-11
Patent Strategy written by H. Jackson Knight and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-11 with Law categories.
As individuals and companies realise the importance of their inventions, issues surrounding patent laws and practices are taking centre stage around the world. Patent Strategy introduces researchers to patent applications and patent portfolios. With minimum use of ‘legal jargon’ it provides the technical professional with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application. It also discusses the responsibilities of the researcher after patent applications have been filed and the role the researcher can play in the maintenance of a global patent estate. This updated edition of the best selling book has been expanded to keep pace with modern day movements and addresses the global issue surrounding intellectual property. Including new information on areas such as software and biotechnology it shows the techniques that can be used by individuals and academic inventors to protect their work and is the ideal reference source. Bridges the gap between the legal system and scientific research and avoids legal jargon Details the reasons behind patents, their importance and relevance to all researchers and the strategy needed for filing for a patent Focuses on the strategy and reasons rather than just being a textbook of patent law Presents an overview of tools a researcher can use while working with a patent attorney or agent Adopts a readable style that explains the basics right up to developing a strategy Essential reading for all those who wish to keep pace and protect their work Reviews from previous edition: "...I can recommend it for technology managing types. Does a nice job of explaining many aspects of the patent system and patent strategies with a minimum of jargon and case citations..." —Internet Patent News "...provides an enlightened approach to a complex subject. It is relatively easy to read and follow..." — Polymers Paint and Colour Journal "This handy book provides the researcher with useful guidance on how to maximize the benefit of their inventiveness to themselves and their organization". —Journal of Chemical Technology and Biotechnology