Patent Rights, Product Market Reforms, and Innovation


Book Description

Can patent protection and product market competition complement each other in enhancing incentives to innovate? In this paper, we address this question by investigating how innovation responses to a substantial policy initiative increasing product market competition interact with the strength of patent rights. We provide empirical evidence of innovation responding positively to the product market reform in industries of countries where patent rights are strong, not where these are weak. The positive response to the reform is more pronounced in industries in which innovators rely more on patenting than in other industries, and in which the scope for deterring entry through patenting is not too large. Our empirical findings are in line with step-by-step innovation models predicting that product market competition enhances innovation and, more importantly, that patent protection can complement competition in inducing innovation.




Patent Portfolio Deployment: Bridging The R&d, Patent And Product Markets


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.




Innovation and Its Discontents


Book Description

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.




Patents as an Incentive for Innovation


Book Description

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.




Do Stronger Intellectual Property Rights Increase International Technology Transfer?


Book Description

One of the alleged benefits of the recent global movement to strengthen intellectual property rights (IPRs) is that such reforms accelerate transfers of technology between countries. Branstetter, Fisman, and Foley examine how technology transfer among U.S. multinational firms changes in response to a series of IPR reforms undertaken by 12 countries over the 1982-99 period. Their analysis of detailed firm-level data reveal that royalty payments for intangibles transferred to affiliates increase at the time of reforms, as do affiliate research and development (R & D) expenditures and total levels of foreign patent applications. Increases in royalty payments and R & D expenditures are more than 20 percent larger among affiliates of parent companies that use U.S. patents more extensively prior to reform and therefore are expected to value IPR reform most. This paper--a product of Trade, Development Research Group--is part of a larger effort in the group to understand the global impact of stronger intellectual property rights.




Innovation-specific Patent Protection and Growth


Book Description

In this thesis, I am undertaking the analysis of the effects of increasing intellectual property rights on the reallocation of different kinds of research and development within an endogenous growth framework. This thesis' approach considers the innovation process as sequential and cumulative in nature and studies the effects of different property rights regimes on a country's innovative performance. In particular, by explicitly modelling basic and applied research and development (R & D) within a general equilibrium framework, I try to overtake the existing growth theory, which usually aggregates all sources of R & D and innovation, neglecting intermediate inventive steps. My approach is certainly inspired by the current Schumpeterian growth theory (see Aghion and Howitt, 1998 and 2009), which envisages new products and processes arising from Poisson processes, whose arrival rates depend on private and public R & D. However, unlike the previous Schumpeterian models, in most of the chapters of this thesis, creative destruction itself is modelled as a two-stage processes, or more precisely, as a sequence of investment decisions in R & D, whose result is a probability to invent (basic research) or to innovate (applied research). Hence, the first step, "basic research", creates a research tool which is by itself not profitable, but has the potential to become the basis for the second step innovation. The second step is a marketable product which increases consumers' utility and, through the grant of a patent, generates the monopolistic rent for the second step innovator, i.e. the manufacturer of the new product. This is a natural and simple way to explicitly model basic and applied research, yet it entails non-trivial technical complications in the models along with strong policy implications. Chapter 2 tries to answer the following research question: in order to foster innovation and growth should basic research be publicly or privately funded? This chapter studies the impact of the shift in the U.S. patent system towards the patentability and commercialization of the basic R & D undertaken by universities. Such a shift rendered the U.S. universities more responsive to "market" forces. Prior to 1980, universities undertook research employing researchers motivated by "curiosity." After 1980, universities patent their research and behave as private firms. This move, in a context of two-stage inventions (basic and applied research) has an a priori ambiguous effect on innovation and welfare. Chapter 2 builds a Schumpeterian model and matches it to the data to evaluate this important turning point. iii Chapter 3 extends the model presented by Chapter 2 by introducing Kremer's (1998) mechanism for inducing innovation by means of auctions for new patents. Such patent buy-outs are run by the public sector in order to reward innovators and freely disseminate most of the new basic research findings. My work is the first attempt to use Kremer's idea to address the issue of the patentability of basic research and the financing of early innovation. The same Chapter 3 also quantitatively analyses the impact of the so called "research exemption" of patented basic knowledge. Under the research exemption doctrine, if the second innovator is successful in developing a saleable product or process, then he or she can patent it and yet infringe another patent. The key question that modern economies' innovation systems have been facing in the past few decades is: how should basic research be funded in view of maximizing the efficiency of the innovation system as a whole? In other words, is it possible to conceive the privatization of a country's basic knowledge and an efficient system of incentives to basic research? The study presented by Chapter 4 provides a quantitative assessment on the effects of the US patent reforms that, at the beginning of the Eighties, brought to the patentability of research tools, often invented by the university-led research activity. In particular, Chapter 4 re-examines the policy scenarios and the comparisons presented throughout Chapter 2 and Chapter 3 in order to try to provide these two with a robust empirical support. In the first scenario, only the public sector institutions undertake basic research, rendering all results publicly available for firms, racing to find patentable applications. In the second scenario, important for assessing the post-1980 reforms in the US system of innovation, basic research itself is privatized, and hence patented by private firms. The most important question for the political economy of basic research is which system is most conducive to innovation and growth. The public system permits more idea dissemination, but may not give basic researchers enough incentives to focus their research on the directions most needed by the private developers downstream. The private system optimally channels basic research, but, by allowing the patentability of ideas upstream, precludes free entry into applied R & D. This generates conflicting effects, and the policy conclusions depend on the value of all the relevant parameters in the economy. In Chapter 4, I estimated the most important of these parameters with the US data immediately preceding the major reorganization of university and basic research in the 80s, and I simulated the two scenarios. The resulting simulations show that public R & D system, prevailing at that time, was indeed outperforming every privatized alternative scenario. iv Since the incentives to conduct basic or applied research play a central role for economic growth, Chapter 5 tries to answer the following research question: how does increasing early innovation appropriability affect basic research, applied research, education, and wage inequality? Chapter 5 analyses the macroeconomic effects of patent protection by incorporating a two-stage cumulative innovation structure into a quality-ladder growth model with skill acquisition. It focuses on two issues (a) the over-protection vs. the under-protection of intellectual property rights in basic research; (b) the evolution of jurisprudence shaping the bargaining power of the upstream innovators. It shows that the dynamic general equilibrium interactions may seriously mislead the empirical assessment of the growth effects of IPR policy: stronger protection of upstream innovation always looks bad in the short- and possibly medium-run. In a common law system an explicit dynamic macroeconomic analysis is appropriate; hence I have incorporated the mathematical modelling of the evolution of the common law into the rational expectations of the agents. This major modification allows me to schematically replicate the evolution of the skill premium, education, and strengthening of intellectual property rights (IPR) happened in the US during the Eighties and Nineties of the XX century. Chapter 5 also provides a simple "rule of thumb" indicator of the basic researcher bargaining power and 5 shows that IPR evolution can be introduced into a fully rational expectation framework. This helps explaining the well-known dynamics of the skill premium and education in the US, that motivated well-known theories of skill biased technical change and directed technical change (see Acemoglu 2008). Chapter 6, finally, draws inspiration from an important recent empirical literature on competition and productivity in the service sectors (see Nicoletti and Scarpetta, 2003; Alesina et al., 2005; Griffith et al., 2006; Aghion et al., 2006) to build a theoretical framework to predict whether innovation is hampered by the lack of completion in the non-manufacturing sectors. In this final chapter, I have built a simple model of process innovation where the provision of essential services (intermediate inputs, for example financial services or transports) for the production of the final good is subject to sectorial regulation, which shapes the market structure of the intermediate sector as a non-competitive one. The structure adopted in this chapter allows examining the effects on the economy of the presence of two different monopolized tasks: the intermediate service provision and the use of the innovation. The ultimate purpose is to show how the lack of competition in an intermediate essential sector, like the service sector, is actually able to depress productivity growth in the final sector.




The Battle over Patents


Book Description

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 Patent Crisis and How the Courts Can Solve It


Book Description

Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.




The Case For Patents


Book Description

The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.




Patents and Industry Standards


Book Description

Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area. From the foreword by Paul L.C. Torremans, University of Nottingham, UK This insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation. Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a dynamic liability rule regime , rather than property rules . The dynamic liability rule regime adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem. This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.