We investigate the causal effect of patent rights on cumulative innovation, using large-scale data that approximate the … patent universe in its technological and economic variety. We introduce a novel instrumental variable for patent invalidation … that exploits personnel scarcity in post-grant opposition at the European Patent Office. We find that patent invalidation …

patent law operates generally with an emphasis on how it may impact the environment in particular. In so doing, the essay … addresses from a patent perspective some representative concerns relating to patents that appear to be prevalent in the … environmental literature and shows how the patent system may provide substantial benefit for those favoring the environment …

This Article explores the practical consequences of an important shift that has recently taken place in patent theory … justify the patent system based on its role in facilitating information exchange and enabling technical coordination among … intense attention at the level of theory, little has been said about the consequences of this debate for patent policy itself …

If a litigated patent has previously been licensed to a third party, the courts generally adopt the terms of the prior … trivialized (and generally false) presumption that a patent license is like a commodity, with the patentee charging a common price … patent holders rationally cut off the bottom segment of the licensing market, creating substantial deadweight loss. This …

This Article presents an original empirical methodology to identify which patent laws will best promote optimal … incentives to innovate for society. Vociferous debates over patent reform pit the United States’ largest innovation industries … against each other in a dispute concerning whether stronger or weaker patent rights are necessary to promote innovation. Past …

This paper presents an easy-to-use measure of patent scope that is grounded both in patent law and in the practices of … patent attorneys. We validate our measure by showing both that patent attorneys' subjective assessments of scope agree with … previous measures of patent scope (i.e. the number of patent classes, the number of citations made by future patents, and the …

Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is … that their anticompetitive effects are commensurate with the expected result of counterfactual patent litigation, which …

When rivals settle a patent dispute, they prefer to preserve the full monopoly profit, even if the patent is very … from litigation. This avoids the need to estimate the odds of counterfactual patent litigation.This is a previous draft …