Download or read book The economic analysis of patent litigation data written by World Intellectual Property Organization and published by WIPO. This book was released on 2018 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.
Download or read book Law and Economics of Patents written by Nikola Ilić and published by Springer Nature. This book was released on with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Patent Remedies written by Prof. Thomas F. Cotter and published by Oxford University Press. This book was released on 2013-03-06 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Download or read book Patents in the Knowledge Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Download or read book Patent Litigation Data from US District Court Electronic Records 1963 2015 written by Alan C. Marco and published by . This book was released on 2017 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists, legal scholars and policy makers are concerned about the impact of patent litigation on the rate and direction of US innovation and on the functioning of the US intellectual property system. At this time, however, there is no reliable, comprehensive, free and publicly accessible source of patent litigation data. As a first step towards overcoming this limitation, the Office of the Chief Economist (OCE) at the United States Patent and Trademark Office, in collaboration with the National Technical Information Service, undertook a patent litigation data pilot. This paper describes two patent litigation databases from which OCE generated comprehensive patent litigation datasets as a result of the pilot and is releasing for public use. First, we obtained the docket reports on the universe of patent litigation cases in PACER and RECAP and created a dataset for the period 1963-2015. Second, we captured the metadata for these cases, which includes information on the case identifier, parties involved, filing date, and district court location. We hope that free access to comprehensive data will help advance research on the evolving patent litigation landscape and its economic impact.
Download or read book Economic Damages in Intellectual Property written by Daniel Slottje and published by John Wiley & Sons. This book was released on 2006-10-25 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insider Information at Your Fingertips Determining the worth of intellectual property (IP) is a complicated task. An IP litigator needs to conclude the monetary damage occurring as a result of harm done to an inventor's or a company's reputation as well as the economic damage caused by compromise of an idea or invention due to its unauthorized usage. Edited by litigation expert Daniel Slottje, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation sheds light on how to quantify damages in IP litigation matters with revealing contributions from IP professionals, attorneys, economics professors, certified public accountants and other damages professionals. This essential resource is thoroughly researched with timely insight on quantification of damages; evaluation of damage claims in trade secrets; patent, copyright, and trademark cases; economic damages; and much more. With IP litigation becoming more and more prevalent today, the demand increases for IP professionals and attorneys to understand how economists, accountants, and financial analysts quantify damages in IP matters. Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process and provides you with an "at-your-fingertips" resource brimming with current, relevant information in the field of intellectual property litigation.
Download or read book The Economic Valuation of Patents written by Federico Munari and published by Edward Elgar Publishing. This book was released on 2011-10-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills an important gap in the literature and will be very useful both to students of intellectual property and practitioners confronted by the problem of valuing their patent portfolios. An excellent overview of an evolving and challenging area, it provides the necessary background to thinking about the problem of valuation and describes all the major methods in use, including the real options approach. Bronywn H. Hall, University of California, Berkeley, US In depth knowledge and scientific approach are used to improve patent valuation techniques. . . a dream book for both researchers and practitioners interested in identifying the value of creative minds. Bruno van Pottelsberghe, Solvay Brussels School of Economics and Management, ULB, Belgium The Economic Valuation of Patents provides an original and essential analysis of patent valuation, presenting the main methodologies to value patents in different contexts. Starting with an analysis of the relevance of patent valuation from a strategic, economic and legal perspective, the book undertakes a thorough review of the existing financial and qualitative valuation methodologies. The contributing authors, IP experts from academia and business, discuss the application of valuation issues in various contexts such as patent portfolio management, licensing agreements, IP litigation, IP-backed finance and accounting. For each topic, an introductory theoretical background is provided and specific application contexts are then investigated. This multidisciplinary book bridges theory and practice in a unique and novel way that will be appreciated by graduate students, scholars and practitioners alike.
Download or read book Settlement of Patent Litigation and Disputes written by John W. Schlicher and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, patent litigation has increased in both volume and importance, making this book, designed to help everyone involved improve patent settlement outcomes and processes, an especially valuable resource. It offers a methodical approach for analyzing the economic forces governing settlement decisions. The author's extensive data and analysis offers a systematic method of dealing with the complexity of the decision to settle and handling the information needed to make that decision. Includes 100 charts, many in full color.
Download or read book The Economics of Innovation and Intellectual Property written by Bronwyn H. Hall and published by Oxford University Press. This book was released on 2024-10-04 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive textbook covering all aspects of the economics of innovation and the role of intellectual property in encouraging or discouraging innovation. Innovation is widely viewed as the engine behind economic growth, and it has assumed increasing importance in contemporary economic research. In The Economics of Innovation and Intellectual Property, Bronwyn H. Hall and Christian Helmers introduce readers to the use of economic analysis for the understanding of technical change and the innovative process, its determinants, and consequences. The authors cover innovation basics, the measurement of returns to innovation for individuals and the economy, and the use of intellectual property protection by innovators. They focus on the various ways patents have been used by industry to secure returns to innovation, as well as the strategic use of patents, and they emphasize present-day technologies including pharmaceuticals, software, and AI. Clearly organized and accessible, The Economics of Innovation and Intellectual Property offers a useful introduction to economics, business, public policy, and legal studies, and provides a comprehensive collection of references and information from a variety of sources across disciplines. It also includes various boxes with definitions and examples, as well as a brief mathematical appendix explaining concepts that may be unfamiliar and an introduction to data sources.
Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Download or read book Economic Analysis of Lost Profits from Patent Infringement with and Without Noninfringing Substitutes written by Gregory J. Werden and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explains how basic microeconomics can be used to assess lost profits from patent infringement. The main suggested analysis is an adaptation of merger simulation. Observed prices and quantities are combined with estimated demand parameters to calibrate a model of the industry with infringement. Lost profits are then estimated by calculating an equilibrium without the infringing product(s). Simulation calculates the sales diversion, price erosion, and "quantity accretion" components of lost profits, and avoids the patent law analog to antitrust market delineation. Simulation provides a satisfactory methodology for assessing lost profits damages even in the presence of acceptable noninfringing substitutes. The facts of leading cases form the basis of illustrations.
Download or read book Patent Valuation written by William J. Murphy and published by John Wiley & Sons. This book was released on 2012-05-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical resource for valuing patents that is accessible to the complete spectrum of decision makers in the patent process In today's economy, patents tend to be the most important of the intellectual property (IP) assets. It is often the ability to create, manage, defend, and extract value from patents that can distinguish competitive success and significant wealth creation from competitive failure and economic waste. Patent Valuation enhances the utility and value of patents by providing IP managers, IP creators, attorneys, and government officials with a useable resource that allows them to use actual or implied valuations when making patent-related decisions. Involves a combination of techniques for describing patent valuation Includes descriptions of various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and examples Serves as a useable resource that allows IP managers to use actual or implied valuations when making patent-related decisions One of the most fundamental premises of the book is that these valuation skills can be made accessible to each of the various decision makers in the patent process. Patent Valuation involves narrative descriptions of the various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and an abundance of examples to demonstrate the more complex concepts.
Download or read book Getting Patents and Economic Data to Speak to Each Other An Algorithmic Links with Probabilities Approach for Joint Analyses of Patenting and Economic Activity written by Travis J. Lybbert and published by WIPO. This book was released on 2012 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, the authors describe and explore a new algorithmic approach to constructing concordances between the International Patent Classification (IPC) system and industry classification systems that organize economic data. This ‘Algorithmic Links with Probabilities’ (ALP) approach incorporates text analysis software and keyword extraction programs and applies them to a comprehensive patent dataset. The authors conclude with a discussion on some of the possible applications of the concordance and provide a sample analysis that uses their preferred ALP concordance to analyze international patent flows based on trade patterns.
Download or read book An Economic Analysis of Patent Law s Inequitable Conduct Doctrine written by Thomas F. Cotter and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, patent law's inequitable conduct doctrine has attracted considerable attention from judges, legislators, patent lawyers, and commentators, culminating most recently in the Federal Circuit's decision to revise certain aspects of the doctrine in its en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. Building on the work of other scholars, this Article proposes an instrumental view of the doctrine as, ideally, a tool for inducing patent applicants to disclose the optimal quantity of information relating to the patentability of their inventions; it then presents a formal model of the applicant's choices in deciding how much information to reveal. The model suggests, among other things, that even after Therasense the conditions that trigger a finding of inequitable conduct are at best only a rough proxy for the conditions that define optimal disclosure. The model also illuminates how, both pre- and post-Therasense, the doctrine poorly defines many of the variables affecting a rational applicant's decisionmaking process, and thus potentially encourages risk-averse agents to overdisclose. Although the model neither confirms nor refutes critics' claims that the doctrine routinely induces overdisclosure and excessive administrative costs, the model demonstrates how various reforms, including but not limited to those adopted in Therasense, can be expected to reduce these reputed consequences. Finally, however, the model suggests that the need for some type of inequitable conduct doctrine may be greater in a regime like that of the United States, which at present lacks an effective system for post-grant oppositions. Conversely, if the United States adopted a post-grant opposition system, the need for a robust inequitable conduct doctrine would decline.
Download or read book The Economics of the European Patent System written by Dominique Guellec and published by OUP Oxford. This book was released on 2007-02-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? How should society design the compromise between the interest of the inventor and the interest of the users of patented inventions? How should the patent system adapt to new technological areas? These questions and many more are addressed by the authors in this groundbreaking analysis of the economics behind the European patent system. Beginning with the history and principles of the patent system, the book then examines the economic effects of patenting on innovation and the diffusion of technology and growth. Throughout the book the theory and the reality are discussed alongside real world examples and comparison between the European, USA, and Japanese patent systems.
Download or read book An Economic Analysis of the Dick Patent Case written by Walter Forbes Sloan and published by . This book was released on 1933 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Inalienability and the Economic Analysis of Patent Law written by Erik Hovenkamp and published by . This book was released on 2018 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
