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Patents and data-sharing in public science

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  • Rebecca S. Eisenberg

Abstract

Richard Nelson's The Simple Economics of Basic Scientific Research (1959) and Kenneth Arrow's Economic Welfare and the Allocation of Resources for Invention (1962) presented the basic analytical tools still used to understand the patent system. Two subsequent changes--one primarily legal and the other primarily technological--represent a sufficient departure from the prior state of the world as to call for ongoing re-examination of some old assumptions about the economics of R&D. First, an increase over time in the appropriability (and appropriation) of basic research results through the patent system raises new questions about the role of government funding. Second, the revolution in information technology (IT) and information networks has had reverberations outside the law of intellectual property in the evolving norms of the scientific community regarding data-sharing. This article examines these changes with particular attention to their impact on biomedical research, an area in which the patent system is generally thought to be particularly important to the incentives of innovators. Copyright 2006, Oxford University Press.

Suggested Citation

  • Rebecca S. Eisenberg, 2006. "Patents and data-sharing in public science," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 15(6), pages 1013-1031, December.
    • Handle: RePEc:oup:indcch:v:15:y:2006:i:6:p:1013-1031
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    Citations

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    Cited by:

    1. Julien Pénin, 2011. "Sur les conséquences du brevet d’invention dans la science : résultats d’une enquête auprès des inventeurs académiques français," L'Actualité Economique, Société Canadienne de Science Economique, vol. 87(2), pages 137-173.
    2. repec:plo:pone00:0108451 is not listed on IDEAS
    3. Seokbeom KWON & Kazuyuki MOTOHASHI, 2020. "Incentive or Disincentive for Disclosure of Research Data? A Large-Scale Empirical Analysis and Implications for Open Science Policy," Discussion papers 20058, Research Institute of Economy, Trade and Industry (RIETI).
    4. Pénin, Julien & Wack, Jean-Pierre, 2008. "Research tool patents and free-libre biotechnology: A suggested unified framework," Research Policy, Elsevier, vol. 37(10), pages 1909-1921, December.
    5. Welch, Eric W. & Shin, Eunjung & Long, Jennifer, 2013. "Potential effects of the Nagoya Protocol on the exchange of non-plant genetic resources for scientific research: Actors, paths, and consequences," Ecological Economics, Elsevier, vol. 86(C), pages 136-147.
    6. Francesco Lissoni, 2013. "Intellectual property and university–industry technology transfer," Chapters, in: Faïz Gallouj & Luis Rubalcaba & Paul Windrum (ed.), Public–Private Innovation Networks in Services, chapter 7, pages 164-194, Edward Elgar Publishing.
    7. Benedikt Fecher & Sascha Friesike & Marcel Hebing, 2015. "What Drives Academic Data Sharing?," PLOS ONE, Public Library of Science, vol. 10(2), pages 1-25, February.
    8. Julien Pénin, 2009. "On the consequences of university patenting: What can we learn by asking directly to academic inventors?," Working Papers of BETA 2009-04, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
    9. Benedikt Fecher & Sascha Friesike & Marcel Hebing, 2014. "What Drives Academic Data Sharing?," RatSWD Working Papers 236, German Data Forum (RatSWD).
    10. Benedikt Fecher & Sascha Friesike & Marcel Hebing, 2014. "What Drives Academic Data Sharing?," SOEPpapers on Multidisciplinary Panel Data Research 655, DIW Berlin, The German Socio-Economic Panel (SOEP).

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