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Do patents work? Thickets, trolls and antibiotic resistance

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  • Nancy Gallini

Abstract

This paper connects ideas from recent literature on the economics of intellectual property (IP) to address the question: Did the strengthening and broadening of IP rights from important patent policy changes in the US promote greater innovation? The analysis rests on the theory of cumulative innovation, which shows that if IP rights on a pioneer invention extend to follow-on research and impediments to contracting exist, then strengthening patents can actually reduce overall innovation. Recent empirical studies are consistent with the theory: patents can significantly deter follow-on research in complex technology areas where contracting is difficult (computers, electronics, telecommunications) but not in drugs, chemicals and human genes. I outline remedies from court decisions and antitrust policy for addressing inefficiencies from patent trolling, patent thickets and the anti-commons of fragmented ownership. I then apply the analysis to the antibiotics market, drawing on recent research, to examine how patent and competition policies can be used to improve incentives for drug development in the battle against antibiotic resistance. The literature provides persuasive evidence that the policy changes overreached in broadening and strengthening IP rights and reveals important patent reforms for improving the effectiveness of patent systems in the US and Canada.

Suggested Citation

  • Nancy Gallini, 2017. "Do patents work? Thickets, trolls and antibiotic resistance," Canadian Journal of Economics, Canadian Economics Association, vol. 50(4), pages 893-926, November.
    • Handle: RePEc:cje:issued:v:50:y:2017:i:4:p:893-926
    DOI: 10.1111/caje.12312
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    Cited by:

    1. Lawrence J. White, 2020. "A “Primarily Property” Presumption Is—Still—Really Needed for the IP/Antitrust Interface," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 56(4), pages 715-737, June.
    2. Hennessy, David A., "undated". "Managing Derived Demand For Antibiotics In Animal Agriculture," 2018 Annual Meeting, August 5-7, Washington, D.C. 274359, Agricultural and Applied Economics Association.
    3. van der Waal, Mark B. & Feddema, Jelle J. & van de Burgwal, Linda H.M., 2023. "Mapping the broad societal impact of patents," Technovation, Elsevier, vol. 128(C).
    4. Gątkowski, Mateusz & Dietl, Marek & Skrok, Łukasz & Whalen, Ryan & Rockett, Katharine, 2020. "Semantically-based patent thicket identification," Research Policy, Elsevier, vol. 49(2).
    5. Farasat A.S. Bokhari & Franco Mariuzzo & Weijie Yan, 2019. "Antibacterial resistance and the cost of affecting demand: the case of UK antibiotics," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2019-03, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    6. Gold, E. Richard, 2021. "The fall of the innovation empire and its possible rise through open science," Research Policy, Elsevier, vol. 50(5).
    7. Han, Tien-Der & Mukherjee, Arijit, 2023. "Mergers of complements, endogenous product differentiation and welfare," Mathematical Social Sciences, Elsevier, vol. 126(C), pages 30-41.
    8. Xiaodong Yuan & Xiaotao Li, 2022. "Pledging Patent Rights for Fighting Against the COVID-19: From the Ethical and Efficiency Perspective," Journal of Business Ethics, Springer, vol. 179(3), pages 683-696, September.
    9. Bokhari, Farasat A.S. & Mariuzzo, Franco & Yan, Weijie, 2024. "Antibacterial resistance and the cost of affecting demand: The case of UK antibiotics," International Journal of Industrial Organization, Elsevier, vol. 95(C).

    More about this item

    JEL classification:

    • L22 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Firm Organization and Market Structure

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