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Non-Obviousness and Complementary Innovations

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Author Info
Yann Ménière () (CERNA - Centre d'économie industrielle - Mines ParisTech)

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Abstract

This paper explores which patent policy should be applied to complementary innovations that are aggregated into broader technologies. I compare a setting in which complementary innovations must be bundled prior to patenting, with a second setting in which they can be patented separately. The first setting can improve static efficiency by avoiding the costs resulting from the scattering of complementary patents. But it also limits the disclosure of small innovations, which may lead to inefficient R&D cost duplications. A model capturing these effects shows that patenting complementary innovations separately is not efficient when innovations can be developed rapidly. This result justifies the enforcement of a severe “inventive step” or “non-obviousness” requirement in sectors where complementary innovations are frequent.

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File URL: http://hal-ensmp.archives-ouvertes.fr/docs/00/39/71/92/PDF/Meniere151007.pdf
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Paper provided by HAL in its series Post-Print with number hal-00397192_v1.

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Date of creation: Oct 2008
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Publication status: Published, European Economic Review, 2008, 52, 7, 1125-1139
Handle: RePEc:hal:journl:hal-00397192_v1

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Related research
Keywords: Innovation; Brevet; R&D; Complementarité;

References listed on IDEAS
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  1. Suzanne Scotchmer & Jerry Green, 1990. "Novelty and Disclosure in Patent Law," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 131-146, Spring. [Downloadable!] (restricted)
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  2. Ted O'Donoghue & Suzanne Scotchmer & Jacques-François Thisse, 1998. "Patent Breadth, Patent Life, and the Pace of Technological Progress," Journal of Economics & Management Strategy, Blackwell Publishing, vol. 7(1), pages 1-32, 03. [Downloadable!] (restricted)
  3. Stuart J. H. Graham & Bronwyn H. Hall & Dietmar Harhoff & David C. Mowery, 2002. "Post-Issue Patent "Quality Control": A Comparative Study of US Patent Re-examinations and European Patent Oppositions," NBER Working Papers 8807, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  4. Jaffe, Adam B., 2000. "The U.S. patent system in transition: policy innovation and the innovation process," Research Policy, Elsevier, vol. 29(4-5), pages 531-557, April. [Downloadable!] (restricted)
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  5. Denicolo, Vincenzo & Zanchettin, Piercarlo, 2002. "How should forward patent protection be provided?," International Journal of Industrial Organization, Elsevier, vol. 20(6), pages 801-827, June. [Downloadable!] (restricted)
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