Private agreements for coordinating patent rights: the case of patent pools
Inventors and users of technology often enter into cooperative agreements for sharing their intellectual property in order to implement a standard or to avoid costly litigation. Over the past two decades, U.S. antitrust authorities have viewed pooling arrangements that integrate complementary, valid and essential patents as having pro-competitive benefits in reducing prices, transactions costs, and the incidence of legal suits. Since patent pools are cooperative agreements, they also have the potential of suppressing competition if, for example, they harbor weak or invalid patents, dampen incentives to conduct research on innovations that compete with the pooled patents, foreclose competition from downstream product or upstream input markets, or soften competition with outside substitutes that do not rely on the pooled patents. In synthesizing the ideas advanced in the economic literature, this paper explores whether these antitrust concerns apply to pools with complementary patents and, if they do, the implications for competition policy to constrain them.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Volume (Year): 2011/3 (2011)
Issue (Month): 3 ()
|Contact details of provider:|| Web page: http://www.francoangeli.it/riviste/sommario.asp?IDRivista=13|
|Order Information:|| Web: http://www.francoangeli.it/riviste/Elenco_Prodotti.aspx?startCode=DC Email: |
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Josh Lerner & Jean Tirole, 2002.
"Efficient Patent Pools,"
NBER Working Papers
9175, National Bureau of Economic Research, Inc.
- Vianney Dequiedt & Bruno Versaevel, 2007.
"Patent Pools and the Dynamic Incentives to R&D,"
- Bruno Versaevel & Vianney Dequiedt, 2007. "Patent Pools and the Dynamic Incentives to R&D," Working Papers 0703, Groupe d'Analyse et de Théorie Economique (GATE), Centre national de la recherche scientifique (CNRS), Université Lyon 2, Ecole Normale Supérieure.
- Dequiedt, V. & Versaevel, B., 2004. "Patent pools and the dynamic incentives to R&D," Working Papers 200412, Grenoble Applied Economics Laboratory (GAEL).
- Cabral, Luís & Salant, David, 2014.
"Evolving technologies and standards regulation,"
International Journal of Industrial Organization,
Elsevier, vol. 36(C), pages 48-56.
- Michele Boldrin & David K Levine, 2008.
"Against Intellectual Monopoly,"
122247000000002371, UCLA Department of Economics.
- Boldrin,Michele & Levine,David K., 2010. "Against Intellectual Monopoly," Cambridge Books, Cambridge University Press, number 9780521127264, November.
- Boldrin,Michele & Levine,David K., 2008. "Against Intellectual Monopoly," Cambridge Books, Cambridge University Press, number 9780521879286, November.
- James Bessen & Eric Maskin, 2009.
"Sequential innovation, patents, and imitation,"
RAND Journal of Economics,
RAND Corporation, vol. 40(4), pages 611-635.
- Aoki, Reiko & Schiff, Aaron, 2007. "Promoting Access to Intellectual Property: Patent Pools, Copyright Collectives and Clearinghouses," PIE/CIS Discussion Paper 334, Center for Intergenerational Studies, Institute of Economic Research, Hitotsubashi University.
- Sung-Hwan Kim, 2004. "Vertical Structure and Patent Pools," Review of Industrial Organization, Springer, vol. 25(3), pages 231-250, 07.
- Schiff, Aaron & Aoki, Reiko, 2008.
"Differentiated Standards and Patent Pools,"
PIE/CIS Discussion Paper
360, Center for Intergenerational Studies, Institute of Economic Research, Hitotsubashi University.
- Chaim Fershtman & Morton I. Kamien, 1990.
"Cross Licensing of Complementary Technologies,"
866, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
- Nancy Gallini & Suzanne Scotchmer, 2003.
"Intellectual Property: When is it the Best Incentive System?,"
Levine's Working Paper Archive
618897000000000532, David K. Levine.
- 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.
- Nancy Gallini & Suzanne Scotchmer, 2002. "Intellectual Property: When Is It the Best Incentive System?," Law and Economics 0201001, EconWPA.
- Gallini, Nancy & Scotchmer, Suzanne, 2001. "Intellectual Property: When Is It the Best Incentive System?," Department of Economics, Working Paper Series qt9wx2c2hz, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
- Nancy Gallini and Suzanne Scotchmer., 2001. "Intellectual Property: When Is It the Best Incentive System?," Economics Working Papers E01-303, University of California at Berkeley.
- Vianney Dequiedt & Bruno Versaevel, 2013.
"Patent pools and dynamic R&D incentives,"
- Delcamp, Henry, 2015. "Are patent pools a way to help patent owners enforce their rights?," International Review of Law and Economics, Elsevier, vol. 41(C), pages 68-76.
- Sunil Kanwar & Robert E Evanson, 2004.
"Does Intellectual Property Protection Spur Technological Change?,"
Levine's Working Paper Archive
122247000000000455, David K. Levine.
- Sunil Kanwar & Robert Evenson, 2003. "Does intellectual property protection spur technological change?," Oxford Economic Papers, Oxford University Press, vol. 55(2), pages 235-264, April.
- Sunil Kanwar & Robert Evenson, 2001. "Does Intellectual Property Protection Spur Technological Change," Working Papers 831, Economic Growth Center, Yale University.
- Shavell, S. & van Ypersele de Strihou, T.P.M.C., 1999.
"Rewards versus intellectual property rights,"
1999-26, Tilburg University, Center for Economic Research.
- Steven Shavell & Tanguy van Ypersele, 1999. "Rewards versus Intellectual Property Rights," NBER Working Papers 6956, National Bureau of Economic Research, Inc.
- SHAVELL, Steven & VAN YPERSELE, Tanguy, . "Rewards versus intellectual property rights," CORE Discussion Papers RP 1597, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
- Mukesh Eswaran & Nancy Gallini, 1996. "Patent Policy and the Direction of Technological Change," RAND Journal of Economics, The RAND Corporation, vol. 27(4), pages 722-746, Winter.
- Gallini, Nancy T, 1984. "Deterrence by Market Sharing: A Strategic Incentive for Licensing," American Economic Review, American Economic Association, vol. 74(5), pages 931-41, December.
- Whinston, Michael D, 1990.
"Tying, Foreclosure, and Exclusion,"
American Economic Review,
American Economic Association, vol. 80(4), pages 837-59, September.
- Jay Pil Choi, 2005. "Live and Let Live: A Tale of Weak Patents," Journal of the European Economic Association, MIT Press, vol. 3(2-3), pages 724-733, 04/05.
- Ryan L. Lampe & Petra Moser, 2009. "Do Patent Pools Encourage Innovation? Evidence from the 19th-Century Sewing Machine Industry," NBER Working Papers 15061, National Bureau of Economic Research, Inc.
- Lemley, Mark A. & Shapiro, Carl, 2004.
Competition Policy Center, Working Paper Series
qt9xf1488p, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Jay Pil Choi & Heiko Gerlach, 2014.
"Selection Biases in Complementary R&D Projects,"
Journal of Economics & Management Strategy,
Wiley Blackwell, vol. 23(4), pages 899-924, December.
- Hall, Bronwyn H & Ziedonis, Rosemarie Ham, 2001. "The Patent Paradox Revisited: An Empirical Study of Patenting in the U.S. Semiconductor Industry, 1979-1995," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 101-28, Spring.
- James Bessen & Michael J. Meurer, 2008.
"Introduction to Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk
[Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk]," Introductory Chapters, Princeton University Press.
- Sunil Kanwar, 2010.
"Intellectual Property Protection and the Licensing of Technology to Developing Countries,"
188, Centre for Development Economics, Delhi School of Economics.
- Sunil Kanwar, 2010. "Intellectual Property Protection and the Licensing of Technology to Developing Countries," Working Papers id:2830, eSocialSciences.
- Alberto Galasso & Mark Schankerman, 2010. "Patent thickets, courts, and the market for innovation," RAND Journal of Economics, RAND Corporation, vol. 41(3), pages 472-503.
- Kremer, Michael R., 1998. "Patent Buyouts: A Mechanism for Encouraging Innovation," Scholarly Articles 3693705, Harvard University Department of Economics.
- Arora, Ashish & Fosfuri, Andrea & Gambardella, Alfonso, 2001. "Markets for Technology and Their Implications for Corporate Strategy," Industrial and Corporate Change, Oxford University Press, vol. 10(2), pages 419-51, June.
When requesting a correction, please mention this item's handle: RePEc:fan:polipo:v:html10.3280/poli2011-003001. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Angelo Ventriglia)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.