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Brevet, secret et concurrence technologique : comment protéger les instruments de recherche ?

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Author Info
Etienne Pfister () (CREDES et TEAM)
Abstract

This article uses a two-step technological race model to evaluate the optimal protection of new research instruments, i.e., inventions that are not directly associated to commercial profits but that facilitate further technological progress. We show that paradoxically, granting the patentee an exclusive ownership right over all the research line and related applications (prospect doctrine) is optimal only when the R&D costs are relatively low and when the courts can implement mixed strategies regarding the settlement of patent trials (thus implying that identical legal cases lead to differing outcomes). In other settings, the court should rather force the infringer to pay a license fee proportionate to the R&D savings generated by the disclosure of the research instrument (enablement doctrine).

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File URL: ftp://mse.univ-paris1.fr/pub/mse/cahiers2004/Bla04057.pdf
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Publisher Info
Paper provided by Université Panthéon-Sorbonne (Paris 1) in its series Cahiers de la Maison des Sciences Economiques with number bla04057.

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Length: 24 pages
Date of creation: Jun 2004
Date of revision:
Handle: RePEc:mse:wpsorb:bla04057

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Related research
Keywords: Technological race; patent; secrecy; trial;

Find related papers by JEL classification:
K2 - Law and Economics - - Regulation and Business Law
L00 - Industrial Organization - - General - - - General
O31 - Economic Development, Technological Change, and Growth - - Technological Change - - - Innovation and Invention: Processes and Incentives
O32 - Economic Development, Technological Change, and Growth - - Technological Change - - - Management of Technological Innovation and R&D

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)
    Other versions:
  2. Kitch, Edmund W, 1977. "The Nature and Function of the Patent System," Journal of Law & Economics, University of Chicago Press, vol. 20(2), pages 265-90, October.
  3. Reiko Aoki & Jin-Li Hu, 1999. "Licensing vs. Litigation: The Effect of the Legal System on Incentives to Innovate," Journal of Economics & Management Strategy, Blackwell Publishing, vol. 8(1), pages 133-160, 03. [Downloadable!] (restricted)
  4. Nancy Gallini & Suzanne Scotchmer, 2002. "Intellectual Property: When Is It the Best Incentive System?," NBER Chapters, in: Innovation Policy and the Economy, Volume 2, pages 51-78 National Bureau of Economic Research, Inc. [Downloadable!]
    Other versions:
  5. Merges, Robert P. & Nelson, Richard R., 1994. "On limiting or encouraging rivalry in technical progress: The effect of patent scope decisions," Journal of Economic Behavior & Organization, Elsevier, vol. 25(1), pages 1-24, September. [Downloadable!] (restricted)
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