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Factors Affecting the Power of Patent Rights

Author

Listed:
  • Paul H. Jensen

    (Melbourne Institute of Applied Economic and Social Research, The University of Melbourne)

  • Elizabeth Webster

    (Melbourne Institute of Applied Economic and Social Research, The University of Melbourne)

Abstract

In this paper, we identify three policy instruments governments have at their disposal to affect the power of patent rights to prevent imitation: the size of the inventive step used to make the patent granting decision, the rigour of the patent examination process and the predisposition of the courts to affirm the patent office’s decision. We develop a simple framework to analyse the effects of changing these policy instruments on ex ante investment in invention in the light of recent concerns about the potential effects of socially undesirable patents.

Suggested Citation

  • Paul H. Jensen & Elizabeth Webster, 2004. "Factors Affecting the Power of Patent Rights," Melbourne Institute Working Paper Series wp2004n31, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.
    • Handle: RePEc:iae:iaewps:wp2004n31
    as

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    File URL: http://melbourneinstitute.unimelb.edu.au/downloads/working_paper_series/wp2004n31.pdf
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    References listed on IDEAS

    as
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    3. Allison, John R. & Lemley, Mark & Moore, Kimberly A. & Trunkey, Derek, 2003. "Valuable Patents," Berkeley Olin Program in Law & Economics, Working Paper Series qt1m16k7w3, Berkeley Olin Program in Law & Economics.
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    6. Lemley, Mark, 2000. "Rational Ignorance at the Patent Office," Berkeley Olin Program in Law & Economics, Working Paper Series qt1tc166q2, Berkeley Olin Program in Law & Economics.
    Full references (including those not matched with items on IDEAS)

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