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Decentralising the patent system

In: Handbook of Innovation and Intellectual Property Rights

Author

Listed:
  • Gaétan de Rassenfosse
  • Kyle Higham

Abstract

Modern patent systems have been described as slow, inefficient, expensive, and possibly leading to outcomes that actively harm technological progress. This chapter presents a foundation for practical solutions, addressing suggestions like prior-art bounties and outsourced examination that have gone unheeded due to cost and system rigidity. We explore what a transition to a distributed ledger technology (DLT)-based patent system might look like, and how it could enable many previously suggested improvements to current systems in a flexible, scalable, and transparent manner by altering the way stakeholders are able to interact with patent records. We conclude that the intricate yet common roots of issues facing modern patent systems warrant a unified technical framework over balkanised solutions that attempt to address each problem individually. Noting that a DLT-based system is not a panacea, we also discuss the political, legal, and organizational hurdles to be navigated for large-scale implementation.

Suggested Citation

  • Gaétan de Rassenfosse & Kyle Higham, 2024. "Decentralising the patent system," Chapters, in: Walter G. Park (ed.), Handbook of Innovation and Intellectual Property Rights, chapter 8, pages 120-138, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20438_8
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800880627.00015
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    2. Higham, Kyle & de Rassenfosse, Gaétan & Jaffe, Adam B., 2021. "Patent Quality: Towards a Systematic Framework for Analysis and Measurement," Research Policy, Elsevier, vol. 50(4).
    3. Dosi, Giovanni & Palagi, Elisa & Roventini, Andrea & Russo, Emanuele, 2023. "Do patents really foster innovation in the pharmaceutical sector? Results from an evolutionary, agent-based model," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 564-589.

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    Keywords

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    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • L24 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Contracting Out; Joint Ventures
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy

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