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Decentralising the Patent System

Author

Listed:
  • Gaetan de Rassenfosse

    () (Ecole polytechnique federale de Lausanne)

  • Kyle Higham

    () (Ecole polytechnique federale de Lausanne)

Abstract

This paper proposes a substantive re-think of the modern patent system. The patent system has come under intensive criticism in the past, and many scholars have proposed ways to improve it. Ideas for improvement include, e.g., prior-art bounties, contracting out examination and dynamic fee setting. However, many of these ideas have gone unheeded due to the cost of administering them and the rigidity of the patent system. We explore how distributed ledger technologies enable these major changes.

Suggested Citation

  • Gaetan de Rassenfosse & Kyle Higham, 2019. "Decentralising the Patent System," Working Papers 6, Chair of Innovation and IP Policy.
  • Handle: RePEc:iip:wpaper:6
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    File URL: http://cdm-it.epfl.ch/RePEc/iip-wpaper/WP6.pdf
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    More about this item

    Keywords

    blockchain; distributed ledger; intellectual property; patent; smart contract;

    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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