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The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …
Persistent link: https://www.econbiz.de/10014214389
This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent … relationship between regulation - both through competition policy and patent law - and innovation, and the corresponding …
Persistent link: https://www.econbiz.de/10014046279
” supports the view that patent pooling are pro-competitve …
Persistent link: https://www.econbiz.de/10013222789
why patent owners voluntarily form patent pools. Under Demsetz’s theory, the existence of externalities, the cost of …Harold Demsetz proposed an evolutionary theory of property rights that a transition of property rights structure … benefit cost calculation. Although Demsetz’s theory was developed by analyzing tangible properties, it can adequately explain …
Persistent link: https://www.econbiz.de/10014114450
We analyze the use of patent protection as a new policy to direct technical change to clean technology. Contrary to … popular belief, it is dirty (and not clean) innovations that should be excluded from patent protection to reduce emissions. In … the shortrun, removing patent protection on dirty technology increases emissions. However, the reduced markup on dirty …
Persistent link: https://www.econbiz.de/10014333456
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
patent disputes, with a focus on Shapiro(2003)'s consumer protection rule. We show that, when a potential entrant … strategically incurs an entry cost before engaging in a patent dispute, a more stringent settlement policy of deterring costly entry … benefits the patent-holder and may raise static efficiency. Concerning asymmetric information, when the disputants, but not the …
Persistent link: https://www.econbiz.de/10014210734
In a patent infringement suit, the alleged infringer wins with a ruling of either patent invalidity or non … patent invalidation may also affect incentives to innovate. We adapt the "innovative industries'' model of Segal and Whinston … (2007) to study patent litigation strategy and rates of innovation. We show that a legal regime where infringement is …
Persistent link: https://www.econbiz.de/10012867796
-competitive patent settlements and hold-ups in relation to standard setting processes, in addition to the modern focus on mergers that …
Persistent link: https://www.econbiz.de/10011723874
Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with … antitrust law. Recent theoretical research conjectures that, in an SSO, patent owners can “hold up” patent users in the sense of … rules that would require or request, at the time a standard is under consideration, the ex ante disclosure by the patent …
Persistent link: https://www.econbiz.de/10014047937