NIH patent policy

2018 ◽  
pp. 115-122
Author(s):  
Krishna R. Dronamraju
Keyword(s):  
Patent Policy

Patent Conflicts

2017 ◽  
Author(s):  
Tejas N. Narechania
Keyword(s):  
Regulatory Authority ◽  
Direct Action ◽  
Patent Policy ◽  
Context Sensitive ◽  
Court Of Appeals ◽  
Relative Preference ◽  
The Supreme Court ◽  
Federal Circuit ◽  
Indirect Action ◽  
Striking Effect

Patent policy is typically thought to be the product of the Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and, in some instances, the Supreme Court. This simple topography, however, understates the extent to which outsiders can shape the patent regime. Indeed, a variety of administrative actors influence patent policy through the exercise of their regulatory authority and administrative power. This Article offers a novel description of the ways in which nonpatent agencies intervene into patent policy. In particular, it examines agency responses to conflicts between patent and other regulatory aims, uncovering a relative preference for complacency (“inaction”) and resort to outside help (“indirect action”) over regulation (“direct action”). This dynamic has the striking effect of shifting authority from nonpatent agencies to patent policymakers, thereby supplanting some regulatory designs with the patent regime’s more general incentives. This Article thus offers agencies new options for facing patent conflict, including an oft-overlooked theory of regulatory authority for patent-related regulation. Such intervention and regulation by nonpatent agencies can give rise to a more efficient and context-sensitive regime that is better aligned with other regulatory goals.

Two-Stage Patent Races and Patent Policy

2000 ◽  
Vol 31 (3) ◽  
pp. 488 ◽  
Author(s):  
Vincenzo Denicolo
Keyword(s):  
Patent Policy ◽  
Two Stage ◽  
Patent Races

Optimal Patent Design

2013 ◽  
pp. 280-302
Author(s):  
Anthony Brabazon
Keyword(s):  
Product Space ◽  
Policy Instruments ◽  
Agent Based Modeling ◽  
Technological Advance ◽  
Patent Policy ◽  
Agent Based ◽  
Simulation Results ◽  
The Relationship ◽  
Patent Design ◽  
Patent Breadth

Patents provide a patentee with a degree of monopoly power over a region of product space. The “breadth” and “duration” of patents are policy choices. Increasing patent breadth and duration will ceteris paribus increase the rent, which an individual inventor could earn from a commercially successful invention. However, the precise nature of the relationship between patent policy and the rate of societal technical advance, which is stimulated by a given patent design, is not well understood. In this chapter, the authors novelly investigate this issue using an agent-based modeling approach. The simulation results obtained raise questions about the real utility of patent policy in promoting technological advance and suggest that other policy instruments are actually more important.

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