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Brevet et innovation : comment restaurer l’efficience dynamique des brevets ?‪

Author

Listed:
  • Christian Le Bas

    (ISBO - Institute of Sustainable Business and Organizations - ESDES - ESDES, Lyon Business School - UCLy - UCLy - UCLy (Lyon Catholic University), ESDES - ESDES, Lyon Business School - UCLy - UCLy - UCLy (Lyon Catholic University))

  • Julien Pénin

    (BETA - Bureau d'Économie Théorique et Appliquée - INRA - Institut National de la Recherche Agronomique - UNISTRA - Université de Strasbourg - UL - Université de Lorraine - CNRS - Centre National de la Recherche Scientifique)

Abstract

The main rationale of the patent system is based on its dynamic efficiency. By providing firms with incentives to invest in R&D and to disclose their knowledge, patents encourage innovation and increase social welfare in the long run. In this work, which reviews the most recent literature on patents, we show that patents can have a significant negative impact on the dynamics of innovation. We show that this is not due to the intrinsic properties of the patent system but to some of its recent evolutions that mean that, nowadays, too many patents are granted in some industries and that patent information is bad. The combination of those two elements explains most of the problems induced by modern patent systems such as hold up (patent trolls), anticommons (royalty stacking), and high transaction costs in markets for technology. We conclude by discussing patent reforms that could solve those problems and ensure that the patent system once again becomes an instrument of dynamic efficiency.

Suggested Citation

  • Christian Le Bas & Julien Pénin, 2015. "Brevet et innovation : comment restaurer l’efficience dynamique des brevets ?‪," Post-Print hal-01740252, HAL.
    • Handle: RePEc:hal:journl:hal-01740252
    DOI: 10.4000/rei.6191
    as

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