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Author: Arnaud Gasnier
Publisher: Eburon Uitgeverij B.V.
ISBN: 9059722302
Category : Intellectual capital
Languages : en
Pages : 282
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Book Description
Author: Arnaud Gasnier
Publisher: Eburon Uitgeverij B.V.
ISBN: 9059722302
Category : Intellectual capital
Languages : en
Pages : 282
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Book Description
Author: Bronwyn H. Hall
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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:
Category :
Languages : en
Pages : 0
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Book Description
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:
Category : Patents
Languages : en
Pages : 60
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Book Description
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:
Category :
Languages : en
Pages : 0
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Book Description
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:
Category :
Languages : en
Pages : 48
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Book Description
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:
Category :
Languages : en
Pages : 67
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Book Description
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: Ashish Arora
Publisher:
ISBN:
Category :
Languages : en
Pages : 33
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Author: John Andrew Young
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Christine MacLeod
Publisher:
ISBN:
Category : Inventions
Languages : en
Pages : 26
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Book Description
