Adverse Effects Of Patent Pooling On Product Development And Commercialization

Author : Thomas D. Jeitschko,Nanyun Zhang
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1376340072

Get Book

Adverse Effects of Patent Pooling on Product Development and Commercialization by Thomas D. Jeitschko,Nanyun Zhang Pdf

The conventional wisdom is that the formation of patent pools is welfare enhancing when patents are complementary, since the pool avoids a double-marginalization problem associated with independent licensing. This conventional wisdom relies on the effects that pooling has on downstream prices. However, it does not account for the potentially significant role of the effect of pooling on innovation. The focus of this paper is on (downstream) product development and commercialization on the basis of perfectly complementary patents. We consider development technologies that entail spillovers between rivals, and assume that final demand products are imperfect substitutes. When pool formation facilitates information sharing and either increases spillovers in development or decreases the degree of product differentiation, patent pools can adversely affect welfare by reducing the incentives towards product development and product market competition -- even with perfectly complementary patents. The analysis modifies and even negates the conventional wisdom for some settings and suggest why patent pools are uncommon in science-based industries such as biotech and pharmaceuticals that are characterized by tacit knowledge and incomplete patents.

Author : Alina Wernick
Publisher : Springer Nature
Page : 450 pages
File Size : 55,7 Mb
Release : 2021-05-13
Category : Law
ISBN : 9783030722579

Get Book

Mechanisms to Enable Follow-On Innovation by Alina Wernick Pdf

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.

Author : Jorge L. Contreras,Meredith Jacob
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 43,7 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781785362491

Get Book

Patent Pledges by Jorge L. Contreras,Meredith Jacob Pdf

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.

Author : Rob Dekkers
Publisher : Momentum Press
Page : 160 pages
File Size : 43,7 Mb
Release : 2018-08-31
Category : Technology & Engineering
ISBN : 9781947083936

Get Book

Innovation Management and New Product Development for Engineers, Volume II by Rob Dekkers Pdf

Whereas innovation has become part of daily language, in practice, realizing new product and new service development is a complex and daunting task for engineers, design engineering managers, managers, and those involved in other functions in organizations. Most books on innovation management approach this topic from a managerial or economic perspective; this text takes the actual design and engineering processes as starting point. To this purpose, it relates product design and engineering processes and their management to sources of innovation, collaboration with suppliers, and knowledge providers (for example, inventors and universities), and users. The managerial aspects get ample attention as well as the socioeconomic aspects in the context of product design and engineering. For this wide range of topics, the book provides both theoretical underpinning and practical guidance. Readers and students will benefit from this book by not only understanding the key mechanisms for innovation but also by the practical guidance it offers. The author uses diagrams, models, methods, and steps to guide readers to a better understanding of innovation projects. This practical approach and the link to theory make the book valuable to practitioners as well as engineering students.

Author : Adam B. Jaffe,Josh Lerner
Publisher : Princeton University Press
Page : 256 pages
File Size : 50,5 Mb
Release : 2011-05-27
Category : Business & Economics
ISBN : 1400837340

Get Book

Innovation and Its Discontents by Adam B. Jaffe,Josh Lerner Pdf

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.

Author : Marcus Glader
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 52,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781847201683

Get Book

Innovation Markets and Competition Analysis by Marcus Glader Pdf

The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.

Author : Geoff Tansey
Publisher : Routledge
Page : 290 pages
File Size : 46,9 Mb
Release : 2012-05-04
Category : Nature
ISBN : 9781136553912

Get Book

The Future Control of Food by Geoff Tansey Pdf

This book is the first wide-ranging guide to the key issues of intellectual property and ownership, genetics, biodiversity and food security. Proceeding from an introduction and overview of the issues, comprehensive chapters cover negotiations and instruments in the World Trade Organization, Convention on Biological Diversity, UN Food and Agriculture Organization, World Intellectual Property Organization, the International Union for the Protection of New Varieties of Plants and various other international bodies. The final part discusses the responses of civil society groups to the changing global rules, how these changes affect the direction of research and development, the nature of global negotiation processes and various alternative futures. Published with IDRC and QIAP.

Author : National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy
Publisher : National Academies Press
Page : 352 pages
File Size : 53,6 Mb
Release : 2003-09-11
Category : Political Science
ISBN : 9780309086363

Get Book

Patents in the Knowledge-Based Economy by National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy Pdf

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Author : Canada. Competition Bureau
Publisher : Canadian Government Publishing
Page : 58 pages
File Size : 42,5 Mb
Release : 2000
Category : Intellectual property
ISBN : 066265224X

Get Book

Intellectual Property Enforcement Guidelines by Canada. Competition Bureau Pdf

Author : Herbert Hovenkamp,Mark D. Janis,Christopher R. Leslie,Mark A. Lemley
Publisher : Aspen Publishers
Page : 2096 pages
File Size : 46,5 Mb
Release : 2009-12-18
Category : Law
ISBN : 0735575487

Get Book

IP and Antitrust by Herbert Hovenkamp,Mark D. Janis,Christopher R. Leslie,Mark A. Lemley Pdf

The leading reference that focuses on the intersection of the areas of IP and antitrust enables you to factor antitrust considerations into the drafting and review of intellectual property licensing arrangements, maximizing the commercial value of intellectual property rights, and minimizing antitrust risks. IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 259 pages
File Size : 41,8 Mb
Release : 2013
Category : Law
ISBN : 9789280523089

Get Book

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by World Intellectual Property Organization Pdf

This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

Author : Christopher B. Field,Vicente R. Barros
Publisher : Cambridge University Press
Page : 1149 pages
File Size : 40,8 Mb
Release : 2014-12-29
Category : Business & Economics
ISBN : 9781107058071

Get Book

Climate Change 2014 – Impacts, Adaptation and Vulnerability: Global and Sectoral Aspects by Christopher B. Field,Vicente R. Barros Pdf

This latest Fifth Assessment Report of the IPCC will again form the standard reference for all those concerned with climate change and its consequences.

Author : U S Department of Justice,Federal Trade Commission
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 2013-07-02
Category : Electronic
ISBN : 1304190951

Get Book

Antitrust Enforcement and Intellectual Property Rights by U S Department of Justice,Federal Trade Commission Pdf

Over the past several decades, antitrust enforcers and the courts have come to recognize that intellectual property laws and antitrust laws share the same fundamental goals of enhancing consumer welfare and promoting innovation. This recognition signaled a significant shift from the view that prevailed earlier in the twentieth century, when the goals of antitrust and intellectual property law were viewed as incompatible: intellectual property law's grant of exclusivity was seen as creating monopolies that were in tension with antitrust law's attack on monopoly power. Such generalizations are relegated to the past. Modern understanding of these two disciplines is that intellectual property and antitrust laws work in tandem to bring new and better technologies, products, and services to consumers at lower prices.

Author : Antony Taubman
Publisher : Oxford University Press
Page : 251 pages
File Size : 49,6 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780199575206

Get Book

A Practical Guide to Working with TRIPS by Antony Taubman Pdf

A brief and accessible guide to the practical workings of the TRIPS agreement, this book offers a unique account of how the international rules of intellectual property function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures.

Author : National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy
Publisher : National Academies Press
Page : 186 pages
File Size : 50,5 Mb
Release : 2004-10-01
Category : Science
ISBN : 9780309089104

Get Book

A Patent System for the 21st Century by National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy Pdf

The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.