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Author: Frauke Rüther
Publisher: Springer Science & Business Media
ISBN: 3834944556
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
Entering the post-industrial age, knowledge has become an important asset for sustained competitive advantage. In recent years, a new type of patent acquirers has emerged. These companies do not produce goods and therefore, do not need patents in their historical meaning, they acquire patents and aggregate patent portfolios and little is known about them. This book defines patent aggregating companies and explores their strategies, activities, and their evolution over time, as well as how producing companies can utilize them to leverage their patent portfolios.
Author: Frauke Rüther
Publisher: Springer Science & Business Media
ISBN: 3834944556
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
Entering the post-industrial age, knowledge has become an important asset for sustained competitive advantage. In recent years, a new type of patent acquirers has emerged. These companies do not produce goods and therefore, do not need patents in their historical meaning, they acquire patents and aggregate patent portfolios and little is known about them. This book defines patent aggregating companies and explores their strategies, activities, and their evolution over time, as well as how producing companies can utilize them to leverage their patent portfolios.
Author: Dominique Christ
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Patent trolls are just a small piece of the patent aggregation puzzle. A myriad of electronics companies, with and without production capabilities, pursues patent aggregation by building patent portfolios and monetizing them beyond manufacturing. So far, it is unclear whether such patent aggregation activities have adverse effects on innovation. This article replaces the myopic discussion about patent trolls with a wider picture -- that of patent aggregation. It analyses the rationales and evolution of this phenomenon, orders the domain of patent aggregators, and presents the effects patent aggregation activities can have on technological development. Only the interplay of patent and competition laws is considered apt to reconcile patent aggregation with innovation.
Author: Shang-jyh Liu
Publisher: World Scientific
ISBN: 9813142456
Category : Business & Economics
Languages : en
Pages : 271
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Book Description
Patents are powerful weapons in a company's legal arsenal, with both defensive and offensive capabilities. Patents protect a company's innovation from potential infringers, while at the same time support the company's efforts to exploit their innovation commercially in the global marketplace. This book explores the role of patents in today's knowledge economy. We discuss how patents have become a valuable commodity and have a lucrative market of their own. However, to profit from patent monetization, this Patent market must be closely linked to the R&D market and the Product Market.This book offers a systematic approach to patent deployment to maximize profits beginning with data collection from patent, journal and business sources. Readers will be guided through analyses of the patent landscape to identify traps and opportunities for commercialization. This book argues that patents must be aggregated into portfolios to maximize their effectiveness and value in the modern economy. With strong patent portfolios, companies can be engaged in licensing and more sophisticated business models like forming patent alliances and collaborating with IP intermediaries. Finally, the book will provide an overview of the various ways of valuing patents and suggest some simplified approaches for management to value the company's patents.
Author: Joe Tidd
Publisher: World Scientific
ISBN: 1786343525
Category : Law
Languages : en
Pages : 406
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Book Description
There are two traditional views of the role of intellectual property (IP) within the field of innovation management: in innovation management research, as an indicator or proxy for innovation inputs or outputs, e.g. patents or licensing income; or in innovation management practice, as a means of protecting knowledge. Exploiting Intellectual Property to Promote Innovation and Create Value argues that whilst both of these perspectives are useful, neither capture the full potential contribution of intellectual property in innovation management research and practice.The management of IP has become a central challenge in current strategies of Open Innovation and Business Model Innovation, but there is relatively little empirical work available. Theoretical arguments and empirical research suggest that from both an innovation policy and management perspective, the challenge is to use IP to encourage risk-taking and innovation, and that a broader repertoire of strategies is necessary to create and capture the economic and social benefits of innovation. This book identifies how intellectual property can be harnessed to create and capture value through exploiting new opportunities for innovation. It is organized around three related themes: public policies for IP; firm strategies for IP; and creating value from IP, and offers insights from the latest research on IP strategies and practices to create and capture the economic and social benefits of innovation.
Author: Alan J. Devlin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Patent-assertion entities, or “PAEs,” are non-technology-practicing companies that aggregate and license patents under threat of suit. Their activities have drawn fire, including Presidential condemnation, and spurred proposed legislation to protect operating firms against them. PAEs leverage flaws in the patent system to extort firms that independently invent and sell technological goods to consumers. Since PAEs tax innovation, and appear not to act not as a conduit for wealth transfer to original patentees but as bottlenecks, their worst rent-seeking practices almost certainly reduce net incentives to innovate, and harm consumers. This is all the more true if, as seems likely, the principal desirable incentive that PAEs create is to file patents rather than to commercialize technology. The idiosyncratic nature of today's patent system facilitates PAE activity. Patents' numerosity, vague scope, widespread invalidity, and sometimes-functional claiming prevent even the most assiduous technology companies' securing guaranteed clearing positions before building products. These conditions guarantee that, ex post, a universe of potentially infringed patents of dubious validity exists in many industries, especially in information technology. Fortunately, atomized ownership of this intellectual property limits enforcement ex post because the unlikelihood of success in asserting few patents, combined with the risk of countersuit and high litigation costs, make suing a losing value proposition. The result is a public-goods benefit in constrained enforcement that ameliorates hold-up potential. Even ex post, owners of disaggregated patents typically lack market power unless those IPRs are likely valid and infringed. PAE accumulation changes all of that. By amassing hundreds or even thousands of patents, never building or selling goods, using shell companies to conceal the contents of their portfolios, and asserting patents in waves ex post, PAEs can realize immense hold-up power. Crucially, this conclusion holds true even if the great majority of their patents are invalid or not infringed. This dynamic leaves many operating victims vulnerable to threats of incessant litigation, thus forcing them to part with tens or even hundreds of millions of dollars for licenses that they never needed to engineer successful products. Commentators increasingly -- though do not universally -- accept that PAEs harm the economy. The solution, though, is less clear. Many propose reforming the patent system, such as requiring losing patentees to pay the other side's costs and forcing PAEs to disclose their portfolios. Some legislative reforms do appear likely, and the Supreme Court in 2014 will consider whether to invalidate certain computer-implemented inventions. Nevertheless, modest changes are unlikely to remedy PAE hold-up in all its forms. Lacking other solutions, some policymakers now look to the antitrust laws. To be sure, not everyone believes that competition rules proscribe PAE conduct, or otherwise suitably constrain patent hold-up. Indeed, antitrust rules are not a cure-all. This Article argues, however, that antitrust law can viably limit PAEs' abuse of the patent system. Section 2 of the Sherman Act proscribes willful monopolization, Section 7 of the Clayton Act prohibits asset acquisitions that tend substantially to eliminate competition or to create monopoly, and the patent-misuse doctrine neutralizes an asserted patent the owner of which has improperly broadened in scope with anticompetitive effect. These provisions have sufficient teeth to catch the most egregious forms of hold-up founded on ex post patent aggregation and assertion. This paper explains how PAE activity can reduce social welfare, and how PAEs' targeted patent acquisitions and assertion against profitable goods can violate competition rules.
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1316518035
Category : Law
Languages : en
Pages : 951
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Book Description
A comprehensive and practical textbook in the field of intellectual property licensing.
Author: United States. Patent Office
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 824
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Book Description
Author: Mario Benassi
Publisher: Springer Nature
ISBN: 3031103106
Category : Business & Economics
Languages : en
Pages : 237
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Book Description
Intellectual property rights are a key element in today's knowledge economy. Specifically, the use of patents as transactional elements has become widespread. However, the market for patents possesses specific features that differentiate it from other markets. This book provides evidence for its existence and addresses its particular conditions. It also takes a deep dive into patent intermediaries, discussing how they emerged, their activity and business models, as well as their impact on market structure, firms, and societies. Patent intermediaries participate in market transactions by offering various services and by bridging supply and demand of patents. In the last decades, some of them (so-called pejoratively ‘patent trolls’) have become popular for their aggressive litigiousness. However, the activity and presence of patent intermediaries are much more significant. To enhance our understanding of the role of patent intermediaries, the authors provide a comprehensive review of the role of these agents in the Economy.
Author: D. Daniel Sokol
Publisher: Cambridge University Press
ISBN: 1316861902
Category : Law
Languages : en
Pages : 326
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Book Description
Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.
Author: Thierry Madiès
Publisher: Cambridge University Press
ISBN: 1139868039
Category : Business & Economics
Languages : en
Pages : 263
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Book Description
The development of patent markets should allow for better circulation of knowledge and more efficient allocation of technologies at a global level. However, the beneficial role of patents has recently come under scrutiny by those favouring 'open' innovation, and important questions have been asked, namely: How can we estimate the value of patents? How do we ensure matching between supply and demand for such specific goods? Can these markets be competitive? Can we create a financial market for intellectual property rights? In this edited book, a team of authors addresses these key questions to bring readers up to date with current debates about the role of patents in a global economy. They draw on recent developments in economic analysis but also ground the discussion with the basics of patent and knowledge economics. Striking a balance between institutional analysis, theory and empirical evidence, the book will appeal to a broad readership of academics, students and practitioners.
