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The U.S. Patent System in Transition: Policy Innovation and the Innovation Process

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Adam B. Jaffe

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Abstract

This paper surveys the major changes in patent policy and practice that have occurred in the last two decades in the U.S., and reviews the existing analyses by economists that attempt to measure the impacts these changes have had on the processes of technological change. It also reviews the broader theoretical and empirical literature that bears on the expected effects of changes in patent policy. Despite the significance of the policy changes and the wide availability of detailed data relating to patenting, robust conclusions regarding the empirical consequences for technological innovation of changes in patent policy are few. Possible reasons for these limited results are discussed, and possible avenues for future research are suggested.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 7280.

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Date of creation: Aug 1999
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Handle: RePEc:nbr:nberwo:7280

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O3 - Economic Development, Technological Change, and Growth - - Technological Change

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References listed on IDEAS
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  1. Samuel S. Kortum, 1997. "Research, Patenting, and Technological Change," Econometrica, Econometric Society, vol. 65(6), pages 1389-1420, November.
  2. Hugo A. Hopenhayn & Matthew F. Mitchell, 1999. "Innovation Fertility and Patent Design," NBER Working Papers 7070, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  3. Joshua Lerner, 1994. "The Importance of Patent Scope: An Empirical Analysis," RAND Journal of Economics, The RAND Corporation, vol. 25(2), pages 319-333, Summer. [Downloadable!] (restricted)
  4. Griliches, Zvi, 1990. "Patent Statistics as Economic Indicators: A Survey," Journal of Economic Literature, American Economic Association, vol. 28(4), pages 1661-1707, December. [Downloadable!] (restricted)
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  5. Jean O. Lanjouw & Josh Lerner, 1997. "The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature," NBER Working Papers 6296, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  6. Lanjouw, Jean O & Pakes, Ariel & Putnam, Jonathan, 1998. "How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data," Journal of Industrial Economics, Blackwell Publishing, vol. 46(4), pages 405-32, December. [Downloadable!] (restricted)
  7. Kortum, Samuel & Lerner, Josh, 1998. "Stronger protection or technological revolution: what is behind the recent surge in patenting?," Carnegie-Rochester Conference Series on Public Policy, Elsevier, vol. 48(1), pages 247-304, June. [Downloadable!] (restricted)
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  8. Mansfield, Edwin & Schwartz, Mark & Wagner, Samuel, 1981. "Imitation Costs and Patents: An Empirical Study," Economic Journal, Royal Economic Society, vol. 91(364), pages 907-18, December. [Downloadable!] (restricted)
  9. 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.
  10. Jean Olson Lanjouw, 1994. "Economic Consequences of a Changing Litigation Environment: The Case of Patents," NBER Working Papers 4835, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  11. Thomas J. Prusa & Reiko Aoki, 1996. "Product Development and the Timing of Information Disclosure under U.S. and Japanese Patent Systems," Departmental Working Papers 199423, Rutgers University, Department of Economics.
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  12. Paul Klemperer, 1990. "How Broad Should the Scope of Patent Protection Be?," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 113-130, Spring. [Downloadable!] (restricted)
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  13. Suzanne Scotchmer & Mark Schankerman, 1999. "Damages and Injunctions in the Protection of Proprietary Research Tools," Berkeley Olin Program in Law & Economics, Working Paper Series 1130, Berkeley Olin Program in Law & Economics. [Downloadable!]
  14. Howard F. Chang, 1995. "Patent Scope, Antitrust Policy, and Cumulative Innovation," RAND Journal of Economics, The RAND Corporation, vol. 26(1), pages 34-57, Spring. [Downloadable!] (restricted)
  15. Jean O. Lanjouw & Ariel Pakes & Jonathan Putnam, 1996. "How to Count Patents and Value Intellectual Property: Uses of Patent Renewal and Application Data," NBER Working Papers 5741, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  16. 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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  17. Mark Schankerman, 1998. "How Valuable is Patent Protection? Estimates by Technology Field," RAND Journal of Economics, The RAND Corporation, vol. 29(1), pages 77-107, Spring. [Downloadable!] (restricted)
  18. Adam B. Jaffe & Josh Lerner, 1999. "Privatizing R&D: Patent Policy and the Commercialization of National Laboratory Technologies," NBER Working Papers 7064, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  19. Mark Schankerman & Suzanne Scotchmer, 1999. "Damages and Injunctions in the Protection of Proprietary Research Tools," NBER Working Papers 7086, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  20. Richard Jensen & Marie Thursby, 1998. "Proofs and Prototypes for Sale: The Tale of University Licensing," NBER Working Papers 6698, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  21. repec:fth:harver:1473 is not listed on IDEAS
  22. Jaffe, Adam B & Fogarty, Michael S & Banks, Bruce A, 1998. "Evidence from Patents and Patent Citations on the Impact of NASA and Other Federal Labs on Commercial Innovation," Journal of Industrial Economics, Blackwell Publishing, vol. 46(2), pages 183-205, June. [Downloadable!] (restricted)
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  23. Ordover, Janusz A, 1991. "A Patent System for Both Diffusion and Exclusion," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 43-60, Winter. [Downloadable!] (restricted)
  24. Ted O'Donoghue, 1998. "A Patentability Requirement for Sequential Innovation," RAND Journal of Economics, The RAND Corporation, vol. 29(4), pages 654-679, Winter. [Downloadable!] (restricted)
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