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Economic incongruities in the European patent system

  • Malwina Mejer


    (Université Libre de Bruxelles)

  • Bruno van Pottelsberghe


    (Université Libre de Bruxelles)

This article argues that the consequences of the ‘fragmentation’ of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. The prevalence of national jurisdictions, which are highly heterogeneous in their costs and practices, over the validity and enforcement of European patents induces both a high level of uncertainty and an intense managerial complexity which undoubtedly reduces both the effectiveness and the attractiveness of the European patent system in its mission to stimulate innovation.

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Paper provided by Institut d'Economia de Barcelona (IEB) in its series Working Papers with number 2009/31.

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Length: 20 pages
Date of creation: 2009
Date of revision:
Handle: RePEc:ieb:wpaper:2009/10/doc2009-31
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  1. van Pottelsberghe de la Potterie, Bruno, 2010. "The quality factor in patent systems," CEPR Discussion Papers 7921, C.E.P.R. Discussion Papers.
  2. Bruno Van Pottelsberghe & Carine Peeters, 2006. "Economic and management perspectives on intellectual property rights," ULB Institutional Repository 2013/6185, ULB -- Universite Libre de Bruxelles.
  3. Crampes, Claude & Langinier, Corinne, 2002. "Litigation and Settlement in Patent Infringement Cases," Staff General Research Papers 5231, Iowa State University, Department of Economics.
  4. James Bessen & Michael J. Meurer, 2005. "Patent Litigation with Endogenous Disputes," Working Papers 0502, Research on Innovation.
  5. Graham, Stuart J.H. & Harhoff, Dietmar, 2006. "Can Post-Grant Reviews Improve Patent System Design? A Twin Study of US and European Patents," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 38, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
  6. Pakes, Ariel & Schankerman, Mark A., 1978. "The Rate of Obsolescence of Knowledge, Research Gestation Labs, and the Private Rate of Return to Research Resources," Working Papers 78-13, C.V. Starr Center for Applied Economics, New York University.
  7. Malwina Mejer & Bruno Van Pottelsberghe, 2008. "The London Agreement and the Cost of Patenting in Europe," Working Papers ECARES 2008_032, ULB -- Universite Libre de Bruxelles.
  8. Kyle Margaret, 2011. "Strategic Responses to Parallel Trade," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 11(2), pages 1-34, January.
  9. Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law and Economics, University of Chicago Press, vol. 38(2), pages 463-95, October.
  10. Bruno van Pottelsberghe, . "Lost property: The European patent system and why it doesn't work," Blueprints, Bruegel, number 312, June.
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