Live and Let Live: A Tale of Weak Patents
AbstractPatent protection has gradually expanded over time, and many patents of suspect value are routinely granted owing to the lack of rigorous scrutiny in the examination process. This has resulted in the recent explosion of patents granted and potentially creates a "patent thicket"that hinders future innovation. I investigate the question of whether the litigation process can be relied on to restore competition when an imperfect market outcome is sustained through patents of suspect value. The analysis undertaken in the paper points out the serious lack of private incentives to eliminate patents of suspect value through litigation. I also discuss potential measures to restore the soundness of the patent system. (JEL: O3, L1, L4, D8, K4) Copyright (c) 2005 The European Economic Association.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Bibliographic InfoArticle provided by MIT Press in its journal Journal of the European Economic Association.
Volume (Year): 3 (2005)
Issue (Month): 2-3 (04/05)
Contact details of provider:
Web page: http://www.mitpressjournals.org/jeea
Find related papers by JEL classification:
- O3 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights
- L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance
- L4 - Industrial Organization - - Antitrust Issues and Policies
- D8 - Microeconomics - - Information, Knowledge, and Uncertainty
- K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Harhoff, Dietmar & von Graevenitz, Georg & Wagner, Stefan, 2013.
"Conflict Resolution, Public Goods and Patent Thickets,"
CEPR Discussion Papers
9468, C.E.P.R. Discussion Papers.
- Dietmar Harhoff & Georg von Graevenitz & Stefan Wagner, 2012. "Conflict resolution, public goods and patent thickets," ESMT Research Working Papers ESMT-12-04 (R1), ESMT European School of Management and Technology, revised 25 Mar 2013.
- Lei, Zhen & Wright, Brian D., 2009. "Why weak patents? Rational ignorance or pro-"customer" Tilt?," 2009 Annual Meeting, July 26-28, 2009, Milwaukee, Wisconsin 49279, Agricultural and Applied Economics Association.
- Farrell, Joseph & Shapiro, Carl, 2007.
"How Strong Are Weak Patents?,"
Competition Policy Center, Working Paper Series
qt8vg425vj, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Karie Kirkpatrick).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.