Optimal Patent Protection: A Macroeconomic Perspective

2016 ◽  
Vol 8 (2) ◽  
Author(s):  
Samuel Meng

AbstractThe need to balance the positive and negative effects of patent monopoly is at the heart of design and reform of the patent system. However, by scrutinizing prior studies on optimal patent design, this paper has found that the basis for this balanced approach is flawed. Furthermore, a macroeconomic analysis of the patent system confirms that there is no trade-off in patent protection, unless the patent system generates only marginal negative effects. The implication of this finding is that a new patent system design is needed to stimulate innovation directly while minimizing deadweight loss.

2020 ◽  
pp. 230-245
Author(s):  
Ian J. Lloyd

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.


2009 ◽  
Vol 6 (2) ◽  
Author(s):  
John A. Tessensohn ◽  
Shusaku Yamamoto

AbstractThe healthcare transformational capacity of biotechnology intellectual property makes it fundamental that such biotech patents are issued promptly in order to have clarity and certainty in the research community and the marketplace. In these economically challenging times, accelerated patent grants will make biotech patent owners more attractive to investors and licensors ensuring their survival. Japanese universities have aggressively patented and licensed their biotech research and utilized the accelerated patent system to procure the world's first ever induced pluripotent stem cells (iPS) patent. This article examines the various accelerated examination procedures available at the Japan Patent Office and how biotechnology patent applicants can secure early patent protection in Japan, the world's second largest biopharmaceutical market.


2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Jessica Downing

The current U.S. patent system is considered to provide the broadest patent protection of all patent systems in existence, especially with respect to the biotechnology industry. Advances in science and technology have been key contributors to the growth and development of legislation controlling patent law. With these advancements have come vivid public debates on the morality of research with embryonic stem cells and the fusion of human and animal DNA to find cures for disease. Despite the rapid developments, the legislation controlling such research has been slow to progress. This paper will explore the legislative history surrounding biotechnology patents, focusing on the specific need for strong, adequate protection to promote the survival of the biotechnology industry.


Subject Outlook for the global patent system. Significance Innovation and the diffusion of new technology contribute to GDP growth and consumer welfare. Intellectual property rights such as patents are designed to promote innovation by rewarding inventors with a right of exclusion that prevents others from making, selling or using their invention for a fixed period of time, unless they pay a licence fee. Patent registration is increasing rapidly both within advanced and emerging countries, as the latter learn about its value. However, there is a conflict between rewarding innovators with monopoly rights and promoting the diffusion of knowledge at low cost. As more products and techniques are protected by patents, there is concern that the system is inhibiting rather than promoting growth. Impacts The US patent system supports innovation, while the EU system is less clearly defined with unitary patent protection. Licensing will need to be easily obtained at reasonable prices with terms conducive to both technological and business model exploration. Governments and supranational authorities will need to ensure that patent pools can operate within sympathetic but fair antitrust regimes. Regulatory authorities will need to ensure that patent pools cannot become tools for collusive activity by leading technology firms. Firms will need to monitor constantly legislation and judgments relating to their industry in countries in which they operate.


Author(s):  
Jeziel Nunes ◽  
Marcia Batalha

The present work aims to demonstrate the use of information contained in patent systems for teaching and academic research in mechanical engineering and related fields. The approach proposed herein is focused on academic research and the engineering disciplines to provide a more complete training of students and researchers. In the proposed approach, the Patent System is used in three different ways: As a source of technical information; as a source of inspiration for designing solutions; and for patent protection of academic research and their eventual commercialization. The patent system also enables teachers to keep up with technological trends and check their possible impacts on the training of engineers. The methodology was applied in practice, with results exceeding expectations.


2020 ◽  
Author(s):  
Nishant Dass ◽  
Vikram Nanda ◽  
Haemin Dennis Park ◽  
Steven Chong Xiao

Abstract Firms rely on patenting and trade secrecy to protect their intellectual property. We study how changes in the trade-off between patenting and secrecy affect firms’ stock liquidity and financing outcomes. We show that an international trade agreement (TRIPS) that strengthened patent protection led to a 10.2% increase in patenting, accompanied by a 14.0%–27.1% improvement in stock liquidity for firms in patent-reliant industries. This in turn allows the affected firms to increase equity financing by 1.9% and reduce leverage by 5.9%. Our results suggest that policies that promote use of patenting over secrecy can reduce informational frictions in equity markets.


Author(s):  
Erwin Anggadjaja ◽  
Ian V. McLoughlin

Wireless sensor networks (WSNs) have been used to observe and monitor many environments for specific purposes and in many ways over the past few years. A number of operational trade-offs are possible when planning a WSN, influencing coverage, bandwidth, redundancy, lifetime, expandability, and so on. However, for systems in potentially hazardous locations or those experiencing restricted access, system unreliability tends to be the greatest operational concern. In the process of creating reliable WSNs for hazardous locations, it is highly desirable to ensure both an accurate and a reliable system design prior to deployment, and with as little unnecessary trade-off as possible. Especially as sensing systems become larger and more complex, and potential failure modes increase, this becomes more difficult to achieve. In an attempt to answer the question of reliability assurance, the authors investigate WSNs in the context of accurate and fast modelling of such networks. A comprehensive comparison of three modelling tools (ns-2, OPNET, and OMNeT++) is explored in this chapter, concluding that OMNeT++ is worthy of study as an alternative to the other two more established tools. As an illustration of the use of OMNeT++, two modelling schemes are simulated and compared against the theory to determine both bit-level correctness, but also to demonstrate ease of modelling and analysis.


Author(s):  
Jonathan M. Barnett

This book presents a theoretical, historical, and empirical account of the relationship between intellectual property (IP) rights, organizational type, and market structure. Patents expand transactional choice by enabling smaller research-and-development (R&D)-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production, and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890–2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing, and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history, and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities.


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