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computer software industry. We focus on two key aspects: patent portfolio size which affects bargaining power in patent … disputes, and the fragmentation of patent rights (.patent thickets.) which increases the transaction costs of enforcement. We … find evidence that both strategic patenting and Ramp;D spillovers strongly affect innovation and market value of software …
Persistent link: https://www.econbiz.de/10012750166
Persistent link: https://www.econbiz.de/10012133584
critiquing current patent practice implicitly assumes that the patent functions as a form of technical document ….Careful consideration of the artifices by which a new patent is staged reveals parallels to the known staging of technical papers, including …. Patent formation employs its own decidedly non-scientific strategies for settling controversies and reaching closure. In …
Persistent link: https://www.econbiz.de/10014344664
determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical …, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that … patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship …
Persistent link: https://www.econbiz.de/10014187835
Concerns have been raised that the upsurge of 3D printing technology would disrupt the patent system. The central … us to rethink patent law. The paper splits up this question by looking at two facets in more depth – patentability and …/consumers). The paper concludes that the wide uptake of 3D printing does not fundamentally challenge the premises of patent law. 3D …
Persistent link: https://www.econbiz.de/10012957619
future of plant breeding in the light of developments around plant breeder’s rights and patent rights. The following … intellectual property in this? Who are the main patent holders in plant breeding? What are the socio-economic consequences of these … different legal systems in the world play a role in this? The study comprised an investigation into relevant trends in the plant …
Persistent link: https://www.econbiz.de/10014188463
ignore the fact that the DVD technology is protected with patents. More than 850 patents owned by some 10 patent holders … around the world, such as Philips, Sony, Toshiba, Hitachi, etc. In order to be on ‘the safe side’, you will have to negotiate … individual licenses with all those 10 patent holders in order to use these technologies. It goes without saying that doing so …
Persistent link: https://www.econbiz.de/10014188531
firms may protect their inventions by means of intellectual property rights, such as patents. By taking out a patent … functioning of the contemporary patent system. We find that patenting firms are being less confronted with imitation. The effect … of patents on the dissemination of R&D findings is, however, insignificant. Therefore, we conclude that patent …
Persistent link: https://www.econbiz.de/10013323135
Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to … about promoting innovation? I argue that empirical progress in patent law depends on greater policy diversity (rather than … spillovers from local policies. Instead, patent policymakers should adopt a third way between uniformity and local control …
Persistent link: https://www.econbiz.de/10014155564
plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for … two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new … approach for courts to protect public health in patent cases—by making public health an affirmative defense to infringement. If …
Persistent link: https://www.econbiz.de/10014259379