Factors Affecting the Power of Patent Rights
In this paper, we identify three policy instruments governments have at their disposal to affect the power of patent rights to prevent imitation: the size of the inventive step used to make the patent granting decision, the rigour of the patent examination process and the predisposition of the courts to affirm the patent office’s decision. We develop a simple framework to analyse the effects of changing these policy instruments on ex ante investment in invention in the light of recent concerns about the potential effects of socially undesirable patents.
|Date of creation:||Nov 2004|
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Journal of Economic Perspectives,
American Economic Association, vol. 19(2), pages 75-98, Spring.
- Nancy Gallini & Suzanne Scotchmer, 2003.
"Intellectual Property: When is it the Best Incentive System?,"
Levine's Working Paper Archive
618897000000000532, David K. Levine.
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- 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.
- Nancy Gallini & Suzanne Scotchmer, 2002. "Intellectual Property: When Is It the Best Incentive System?," Law and Economics 0201001, EconWPA.
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