Alan C. Marco

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Recent Commentary

Patent Value and Uncertain Property Rights: Implications from Patent Litigation

by Alan C. Marco, Richard D. Millervia IP2 Working Paper Series
Friday, October 26, 2018

In this study, we use carefully constructed matched samples of litigated and non-litigated patents to investigate the characteristics that predict litigation. Survival time regressions allow us to demonstrate the separate impacts of value and uncertainty on litigation. In particular, standard essential patents are more likely to be litigated than non-SEPs. However, the earlier the disclosure is made, the lower the hazard of litigation. That is, when information is provided early to the market, uncertainty is reduced and the hazard of litigation is lower. 

Patent Claims and Patent Scope

by Charles A. deGrazia, Alan C. Marco, Joshua D. Sarnoffvia IP2 Working Paper Series
Thursday, August 18, 2016

For many years, debates over the effectiveness of the patent system have focused on the central issue of “patent quality.” The purported decrease in patent quality over the past decade or two supposedly led to diminished innovation due to increased licensing and litigation costs as well as to reduced sequential innovation in various industries. Of course, “patent quality” may have varying meanings, which depend on the user and the context.