Research tool patents and free-libre biotechnology: A suggested unified framework
This paper proposes a unified conceptual framework to analyze the multiple role and consequences of patents in the case of biotechnology research tools. We argue that the knowledge/information and independent/complementary nature of research tools define heterogeneous frameworks in which the patent system plays different roles. In particular, using the analogy with the free-libre open source movement in software, we show that patents can promote open innovation by ensuring the freedom of some pieces of knowledge. A strong conclusion of the paper is therefore that, against common belief, an adequate use of the patent system may contribute to preserving freedom of access to upstream research tools within a framework that we call free-libre biotechnology.
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- Antoine Bureth & Julien Pénin & Sandrine Wolff, 2006. "Entrepreneurship in biotechnology: The case of four start-ups in the Upper-Rhine Biovalley," Working Papers of BETA 2006-21, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
- Josh Lerner & Jean Tirole, 2004.
"Efficient Patent Pools,"
American Economic Review,
American Economic Association, vol. 94(3), pages 691-711, June.
- Cowan Robin & David Paul & Foray Dominique, 1999.
"The Explicit Economics of Knowledge Codification and Tacitness,"
025, Maastricht University, Maastricht Economic Research Institute on Innovation and Technology (MERIT).
- Cowan, Robin & David, Paul A & Foray, Dominique, 2000. "The Explicit Economics of Knowledge Codification and Tacitness," Industrial and Corporate Change, Oxford University Press, vol. 9(2), pages 211-53, June.
- Robin Cowan & Paul A. David & Dominique Foray, 1999. "The Explicit Economics of Knowledge Codification and Tacitness," Working Papers 99027, Stanford University, Department of Economics.
- Carl Shapiro, 2001.
"Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting,"
in: Innovation Policy and the Economy, Volume 1, pages 119-150
National Bureau of Economic Research, Inc.
- Carl Shapiro, 2003. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Law and Economics 0303005, EconWPA.
- Shapiro, Carl, 2000. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Competition Policy Center, Working Paper Series qt4hs5s9wk, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Carl Shapiro, 2004. "Navigating the Patent Thicket: Cross Licenses, Patent Pools and Standard Setting," Levine's Working Paper Archive 122247000000000539, David K. Levine.
- Richard R. Nelson, 2003.
"The Market Economy, and the Scientific Commons,"
LEM Papers Series
2003/24, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
- 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.
- Wesley M Cohen & Richard R Nelson & John P Walsh, 2003.
"Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (Or Not),"
Levine's Working Paper Archive
618897000000000624, David K. Levine.
- Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
- Mowery, David C. & Nelson, Richard R. & Sampat, Bhaven N. & Ziedonis, Arvids A., 2001. "The growth of patenting and licensing by U.S. universities: an assessment of the effects of the Bayh-Dole act of 1980," Research Policy, Elsevier, vol. 30(1), pages 99-119, January.
- Lerner, Josh & Tirole, Jean, 2001. "The open source movement: Key research questions," European Economic Review, Elsevier, vol. 45(4-6), pages 819-826, May.
- Andrea Bonaccorsi & Cristina Rossi, 2002. "Why open source software can succeed," LEM Papers Series 2002/15, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
- B. N. Sampat & R. Mazzoleni, 2002. "University patenting : an assessment of the causes and consequences of recent changes in strategies and practices," Revue d'Économie Industrielle, Programme National Persée, vol. 99(1), pages 233-248.
- Ashish Arora & Andréa Fosfuri, 2000. "The Market for Technology in the Chemical Industry : Causes and Consequences," Revue d'Économie Industrielle, Programme National Persée, vol. 92(1), pages 317-334.
- Walsh, John P. & Cohen, Wesley M. & Cho, Charlene, 2007. "Where excludability matters: Material versus intellectual property in academic biomedical research," Research Policy, Elsevier, vol. 36(8), pages 1184-1203, October.
- Nuvolari, A., 2004. "Collective invention during the British Industrial Revolution: the case of the Cornish pumping engine," Working Papers 04.02, Eindhoven Center for Innovation Studies.
- Dosi, Giovanni, 1988. "Sources, Procedures, and Microeconomic Effects of Innovation," Journal of Economic Literature, American Economic Association, vol. 26(3), pages 1120-71, September.
- Alessandro Nuvolari, 2004.
"Collective invention during the British Industrial Revolution: the case of the Cornish pumping engine,"
Cambridge Journal of Economics,
Oxford University Press, vol. 28(3), pages 347-363, May.
- Alessandro Nuvolari, 2001. "Collective Invention during the British Industrial Revolution The Case of the Cornish Pumping Engine," DRUID Working Papers 01-05, DRUID, Copenhagen Business School, Department of Industrial Economics and Strategy/Aalborg University, Department of Business Studies.
- Nicolas Carayol, 2007. "Academic Incentives, Research Organization And Patenting At A Large French University," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 16(2), pages 119-138.
- Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1987. "Appropriating the Returns from Industrial Research and Development," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 18(3), pages 783-832.
- Amesse, Fernand & Cohendet, P., 2001. "Technology transfer revisited from the perspective of the knowledge-based economy," Research Policy, Elsevier, vol. 30(9), pages 1459-1478, December.
- Arthur, W Brian, 1989. "Competing Technologies, Increasing Returns, and Lock-In by Historical Events," Economic Journal, Royal Economic Society, vol. 99(394), pages 116-31, March.
- Schrader, Stephan, 1991. "Informal technology transfer between firms: Cooperation through information trading," Research Policy, Elsevier, vol. 20(2), pages 153-170, April.
- repec:dgr:tuecis:0402 is not listed on IDEAS
- Suzanne Scotchmer, 1991. "Standing on the Shoulders of Giants: Cumulative Research and the Patent Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 29-41, Winter.
- Janusz A. Ordover, 1991. "A Patent System for Both Diffusion and Exclusion," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 43-60, Winter.
- James Bessen & Eric Maskin, 2009.
"Sequential innovation, patents, and imitation,"
RAND Journal of Economics,
RAND Corporation, vol. 40(4), pages 611-635.
- Riggs, William & von Hippel, Eric, 1994. "Incentives to innovate and the sources of innovation: the case of scientific instruments," Research Policy, Elsevier, vol. 23(4), pages 459-469, July.
- Suzanne Scotchmer, 1996. "Protecting Early Innovators: Should Second-Generation Products Be Patentable?," RAND Journal of Economics, The RAND Corporation, vol. 27(2), pages 322-331, Summer.
- Antoine Bureth & Rachel Levy & Julien Pénin & Sandrine Wolff, 2005. "Strategic Reasons for Patenting: Between Exclusion and Coordination Rationales," Rivista di Politica Economica, SIPI Spa, vol. 95(5), pages 19-46, September.
- Nicolas Jullien & Jean-Benoît Zimmermann, 2006. "Free/Libre/Open Source Software (FLOSS) : lessons for intellectual property rights management in a knowledge-based economy," Working Papers halshs-00410781, HAL.
- Rebecca S. Eisenberg, 2006. "Patents and data-sharing in public science," Industrial and Corporate Change, Oxford University Press, vol. 15(6), pages 1013-1031, December.
- Allen, Robert C., 1983. "Collective invention," Journal of Economic Behavior & Organization, Elsevier, vol. 4(1), pages 1-24, March.
- Pray, Carl E. & Naseem, Anwar, 2005. "Intellectual Property Rights on Research Tools: Incentives or Barriers to Innovation?," 2005 Annual meeting, July 24-27, Providence, RI 19554, American Agricultural Economics Association (New Name 2008: Agricultural and Applied Economics Association).
- Mowery, David C. & Ziedonis, Arvids A., 2002. "Academic patent quality and quantity before and after the Bayh-Dole act in the United States," Research Policy, Elsevier, vol. 31(3), pages 399-418, March.
- Wesley M. Cohen & John P. Walsh, 2008. "Real Impediments to Academic Biomedical Research," NBER Chapters, in: Innovation Policy and the Economy, Volume 8, pages 1-30 National Bureau of Economic Research, Inc.
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