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Patent Remedies

Author

Listed:
  • Carl Shapiro

Abstract

Since the Supreme Court's eBay decision in 2006, the U.S. has employed a hybrid patent remedy system that mixes property and liability rules. When the patent owner and the infringer are competitors, the courts typically issue a permanent injunction requiring the infringer to cease its infringing activities. In contrast, when the patent owner and the infringer are not competitors, the courts often allow the infringer to continue its infringing activities so long as it pays specified ongoing royalties to the patent holder. This article studies the incentives for invention and for new product development in such a hybrid system.

Suggested Citation

  • Carl Shapiro, 2016. "Patent Remedies," American Economic Review, American Economic Association, vol. 106(5), pages 198-202, May.
    • Handle: RePEc:aea:aecrev:v:106:y:2016:i:5:p:198-202
    Note: DOI: 10.1257/aer.p20161094
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    Citations

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    Cited by:

    1. Ganguly, Madhuparna, 2021. "Competition and Innovation: the effects of scientist mobility and stronger patent rights," MPRA Paper 107831, University Library of Munich, Germany.
    2. Ganguly, Madhuparna, 2021. "Stronger Patent Regime, Innovation and Scientist Mobility," MPRA Paper 107635, University Library of Munich, Germany.
    3. Gaessler, Fabian & Lefouili, Yassine, 2017. "What to Buy When Forum Shopping? Analyzing Court Selection in Patent Litigation," TSE Working Papers 17-775, Toulouse School of Economics (TSE).
    4. Juranek, Steffen, 2018. "Investing in legal advice," Information Economics and Policy, Elsevier, vol. 44(C), pages 28-46.
    5. Yongmin Chen & David E.M. Sappington, 2018. "An optimal rule for patent damages under sequential innovation," RAND Journal of Economics, RAND Corporation, vol. 49(2), pages 370-397, June.
    6. Madhuparna Ganguly, 2020. "Stricter patent regime, scientist mobility and innovation," Indira Gandhi Institute of Development Research, Mumbai Working Papers 2020-037, Indira Gandhi Institute of Development Research, Mumbai, India.
    7. Juranek, Steffen & Otneim, Håkon, 2021. "Using machine learning to predict patent lawsuits," Discussion Papers 2021/6, Norwegian School of Economics, Department of Business and Management Science.

    More about this item

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy

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