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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. 

Patents and the Wealth of Nations

by Stephen Habervia IP2 Working Paper Series
Sunday, June 5, 2016

There is abundant evidence from economics and history that the world’s wealthy countries grew rich because they had well-developed systems of private property. Clearly defined and impartially enforced property rights were crucial to economic development; they facilitated trade, trade allowed individuals and business enterprises to specialize, specialization made individuals and business enterprises more productive, and more productive firms and individuals in the aggregate raised national income. 

Software Patents as a Currency, Not Tax, on Innovation

by Colleen V. Chienvia IP2 Working Paper Series
Sunday, June 5, 2016

Software innovation is transforming the U.S. economy. Yet our understanding of how patents and patent transactions support this innovation is limited by a lack of public information about patent licenses and sales. Claims about the patent marketplace, for example, extolling the virtues of intermediaries like non–practicing entities, or characterizing software patent licenses as a tax on innovation tend not to be grounded in empirical evidence. This Article brings much–needed data to the debate by analyzing transactional patent data from multiple sources and reporting several novel findings. 

Heterogeneity Among Patent Owners in Litigation: An Empirical Analysis of Settlement, Case Progression, and Adjudication

by Christopher A. Cotropia, Jay P. Kesan, David L. Schwartzvia IP2 Working Paper Series
Wednesday, May 11, 2016

This paper presents an empirical study of the relationship between the type of patentee-plaintiffs and litigation behavior (e.g., settlement, duration, grant of summary judgment, trial, and procedural dispositions) in patent lawsuits. The paper takes into account, among other factors, the technology of the patents being asserted, the judicial districts where these lawsuits were filed, the judge to whom the case is assigned, and the lawyers representing the patent holder.

Innovation Heuristics: Experiments on Sequential Creativity in Intellectual Property

by Stefan Bechtold, Christopher Buccafusco, Chris Sprigmanvia IP2 Working Paper Series
Thursday, May 5, 2016

All creativity and innovation build on existing ideas. Authors and inventors copy, adapt, improve, interpret, and refine the ideas that have come before them. The central task of intellectual property (IP) law is regulating this sequential innovation to ensure that initial creators and subsequent creators receive the appropriate sets of incentives. 

The British patent system during the Industrial Revolution, 1700-1852

by Sean Bottomleyvia IP2 Working Paper Series
Thursday, April 21, 2016

It is commonly agreed that until c.1830 English courts routinely ignored patent rights and that as a consequence, there was little precedential development at common law concerning patents. In the absence of any legislative authority besides the ancient Statute of Monopolies, English patents existed in a state of limbo, undermining their pecuniary value and so the incentive to invent. 

The Bright Side of Patents

by Joan Farre-Mensa, Deepak Hegde, Alexander Ljungqvistvia IP2 Working Paper Series
Friday, March 11, 2016

Motivated by concerns that the patent system is hindering innovation, particularly for small inventors, this study investigates the bright side of patents. We examine whether patents help startups grow and succeed using detailed micro data on all patent applications filed by startups at the U.S. Patent and Trademark Office (USPTO) since 2001 and approved or rejected before 2014. 

Patent Applications

Declared Essential Patents

by Rudi Bekkers, Christian Catalini, Arianna Martinelli, Cesare Righi, Timothy Simcoevia IP2 Working Paper Series
Wednesday, January 6, 2016

Firms often collaborate to produce inter-operability standards so that independently designed products can work together. When this process takes place in a Standard Setting Organization (SSO), participants are typically required to disclose any intellectual property rights (IP) that would be infringed by a proposed standard, and asked for a commitment to license their essential IP on fair, reasonable and non-discriminatory terms. 

First-Mover Advantages Before and After TRIPS: Evidence from the Indian Pharmaceutical Industry

by Ajay Bhaskarabhatla, Chirantan Chatterjeevia IP2 Working Paper Series
Friday, December 18, 2015

Scholars argue that the presence of persistent first-mover advantages obviates the need for relatively long-lived patents as incentives for innovations. What then is the impact of the strengthening of patent protection, particularly in developing economies, on non-patent-based first-mover advantages? We investigate this question by estimating the extent of erosion of firstmover advantages in the Indian pharmaceutical industry due to the introduction of a stronger product-patent regime in January 2005. 

An Estimate of the Average Cumulative Royalty Yield in the World Mobile Phone Industry: Theory, Measurement and Results

by Alexander Galetovic, Stephen Haber, Lew Zaretzkivia IP2 Working Paper Series
Wednesday, February 7, 2018

An influential literature argues that dispersed patent ownership may lead to royalty stacking and excessive running royalties, thus increasing the long-run marginal cost of manufacturing phones and their prices. In order to assess this claim, we estimate the average cumulative royalty yield—the sum total of patent royalty payments earned by licensors, divided by the total value of mobile phones shipped— in the world mobile phone industry between 2007 and 2016. This is a conservative proxy of the running royalties paid in the mobile phone value chain.

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