Towards Patent Pools in Biotechnology?
AbstractWe analyze the extent to which patent pools (agreements where patent holders agree to license their intellectual property as a package) could be used as an institution to facilitate technology transactions in biotechnology. Patent pools have been used with success in the consumer electronics and other sectors but they are untested in biotechnology despite their transaction cost reducing potential. We suggest two explanations for the fact that patent pools have not been used in this industry. The first is that the current antitrust requirements are difficult to meet in biotechnology. The second is the availability of simpler alternatives that will often be more profitable to patent holders: aggregation of rights by one party and cross-licensing.
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Bibliographic InfoPaper provided by Ecole Polytechnique Fédérale de Lausanne, Collège du Management de la Technologie, Management of Technology and Entrepreneurship Institute, Chaire en Economie et Management de l'Innovation in its series CEMI Working Papers with number cemi-report-2006-010.
Length: 19 pages
Date of creation: Apr 2006
Date of revision:
patent pools; licensing; intellectual property management; biotechnology;
Find related papers by JEL classification:
- O32 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Management of Technological Innovation and R&D
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
This paper has been announced in the following NEP Reports:
- NEP-AGR-2006-07-02 (Agricultural Economics)
- NEP-ALL-2006-07-02 (All new papers)
- NEP-IND-2006-07-02 (Industrial Organization)
- NEP-INO-2006-07-02 (Innovation)
- NEP-LAW-2006-07-02 (Law & Economics)
- NEP-TID-2006-07-02 (Technology & Industrial Dynamics)
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- Thomas D. Jeitschko & Nanyun Zhang, 2012.
"Adverse Effects of Patent Pooling on Product Development and Commercialization,"
EAG Discussions Papers
201205, Department of Justice, Antitrust Division.
- Jeitschko, Thomas D. & Zhang, Nanyun, 2013. "Adverse effects of patent pooling on product development and commercialization," DICE Discussion Papers 92, Heinrich‐Heine‐Universität Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
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