The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties.
... public in lieu of a textual explana- tion in a patent application , a deposit of certain data in the AI context ... morality under the EU Biotech Directive ) . See also ( n 60 ) for further references . 68 Report from the IP5 expert ...
... mechanisms is that the latter is voluntary: the transformation into a ... innovation and to enable follow-on innovations. Although their international ... innovation. In October 2020, South Africa and India suggested a more universal ...
Linking global governance of knowledge via intellectual property to the SDGs, this is the first book to chart the activities of PPPs at this important nexus.
... innovation: enhanced technology transfer and reduced duplicative innovation.313 This would support also expeditious ... Mechanisms to Enable Follow-On Innovation. Liability Rules vs. Open Innovation Models (Springer 2021). 258 Calabresi ...
In this book, some of the world's leading economists tackle this difficult and understudied question, and their responses shed new light on how free-market economies work--and what policies most encourage their growth.
This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.
... turn, the potential costs of antitrust limits on the exercise of IP rights. The public ... follow-on inventions. On this view, a (broad and early) patent on this ... mechanisms reduce the cost of information production, diffusion and ...
This book explores the multiple facets of innovation project management, defined as the set of activities implemented to bring into being and successfully complete one or several innovation projects.
Follow-on Biologics: Hearing of the Committee on Health, Education, Labor, and Pensions, United States Senate, One Hundred Tenth Congress, First...