The Battle over Patents

The Battle over Patents

Author: Stephen H. Haber

Publisher: Oxford University Press

Published: 2021-08-06

Total Pages: 393

ISBN-13: 0197576184

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An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.


Book Synopsis The Battle over Patents by : Stephen H. Haber

Download or read book The Battle over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021-08-06 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

The Battle Over Patents

The Battle Over Patents

Author: Stephen H. Haber

Publisher:

Published: 2021

Total Pages: 374

ISBN-13: 9780197576175

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The Battle over Patents traces the long and contentious history of patents, examining how they have worked in practice. The essays in this volume, written by leading social scientists, historians, and legal academics, explore the shortcomings of imperfect patent systems and explain why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.


Book Synopsis The Battle Over Patents by : Stephen H. Haber

Download or read book The Battle Over Patents written by Stephen H. Haber and published by . This book was released on 2021 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Battle over Patents traces the long and contentious history of patents, examining how they have worked in practice. The essays in this volume, written by leading social scientists, historians, and legal academics, explore the shortcomings of imperfect patent systems and explain why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

The Battle Over Patents

The Battle Over Patents

Author: Stephen H. Haber

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9780197576199

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"Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they typically get the history wrong. The purpose of this book is to get the history right by showing that patent systems are the product of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties, now and in the past, to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections; nirvana is not on the menu. The most interesting intellectual issue is not how patent systems are imperfect, but why historically US-style patent systems have come to dominate all other methods of encouraging inventive activity. The answer offered by the essays in this volume is that they create a temporary property right that can be traded in a market, thereby facilitating a productive division of labor and making it possible for firms to transfer technological knowledge to one another by overcoming the free-rider problem. Precisely because the value of a patent does not inhere in the award itself but rather in the market value of the resulting property right, patent systems foster a decentralized ecology of inventors and firms that ceaselessly extends the frontiers of what is economically possible"--


Book Synopsis The Battle Over Patents by : Stephen H. Haber

Download or read book The Battle Over Patents written by Stephen H. Haber and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they typically get the history wrong. The purpose of this book is to get the history right by showing that patent systems are the product of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties, now and in the past, to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections; nirvana is not on the menu. The most interesting intellectual issue is not how patent systems are imperfect, but why historically US-style patent systems have come to dominate all other methods of encouraging inventive activity. The answer offered by the essays in this volume is that they create a temporary property right that can be traded in a market, thereby facilitating a productive division of labor and making it possible for firms to transfer technological knowledge to one another by overcoming the free-rider problem. Precisely because the value of a patent does not inhere in the award itself but rather in the market value of the resulting property right, patent systems foster a decentralized ecology of inventors and firms that ceaselessly extends the frontiers of what is economically possible"--

The Patent Wars

The Patent Wars

Author: Fred Warshofsky

Publisher:

Published: 1994-10-17

Total Pages: 312

ISBN-13:

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From the "Diaper Wars" that pitted Procter & Gamble against Kimberly-Clark to disputes over high-temperature superconductors, veteran technology writer Fred Warshofsky tracks patent litigation's path to becoming one of the most potent financial tools of the 1990s. The stakes are enormous. For example, Honeywell Inc. more than doubled its net income for the third quarter of 1992 despite lower operating revenue by winning some dozen patent infringement suits against Japanese camera makers, including a tidy $96 billion from Minolta. Japanese companies frequently win. In a revealing analysis of the patent wars in Japan, Warshofsky shows how Japanese industries surround basic patents with clusters of patent modifications. In the global winner-take-all battle, this strategy gives them effective control over the licensing and usefulness of the original invention. The patent game becomes more complicated with the development of each new product and technology. Nowhere is the phenomenon more evident than in software, semiconductors, and biotechnology. Warshofsky delves into each of these highly sophisticated industries. In the software industry, for instance, Warshofsky dissects patent battles such as Apple v. Microsoft and Borland v. Lotus that have made front-page headlines. The Patent Wars is the first book to take an incisive look at this new business offensive and its consequences, including hackers and piracy in cyberspace. As more and more companies deliberately strive to prohibit competition and innovation, this stimulating and highly informative book will become essential reading for people in business and finance, technology-watchers, and policymakers.


Book Synopsis The Patent Wars by : Fred Warshofsky

Download or read book The Patent Wars written by Fred Warshofsky and published by . This book was released on 1994-10-17 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the "Diaper Wars" that pitted Procter & Gamble against Kimberly-Clark to disputes over high-temperature superconductors, veteran technology writer Fred Warshofsky tracks patent litigation's path to becoming one of the most potent financial tools of the 1990s. The stakes are enormous. For example, Honeywell Inc. more than doubled its net income for the third quarter of 1992 despite lower operating revenue by winning some dozen patent infringement suits against Japanese camera makers, including a tidy $96 billion from Minolta. Japanese companies frequently win. In a revealing analysis of the patent wars in Japan, Warshofsky shows how Japanese industries surround basic patents with clusters of patent modifications. In the global winner-take-all battle, this strategy gives them effective control over the licensing and usefulness of the original invention. The patent game becomes more complicated with the development of each new product and technology. Nowhere is the phenomenon more evident than in software, semiconductors, and biotechnology. Warshofsky delves into each of these highly sophisticated industries. In the software industry, for instance, Warshofsky dissects patent battles such as Apple v. Microsoft and Borland v. Lotus that have made front-page headlines. The Patent Wars is the first book to take an incisive look at this new business offensive and its consequences, including hackers and piracy in cyberspace. As more and more companies deliberately strive to prohibit competition and innovation, this stimulating and highly informative book will become essential reading for people in business and finance, technology-watchers, and policymakers.

The Battle Over Patents

The Battle Over Patents

Author: Stephen H. Haber

Publisher: Oxford University Press

Published: 2021

Total Pages: 393

ISBN-13: 019757615X

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This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.


Book Synopsis The Battle Over Patents by : Stephen H. Haber

Download or read book The Battle Over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.

The Democratization of Invention

The Democratization of Invention

Author: B. Zorina Khan

Publisher: Cambridge University Press

Published: 2005-09-12

Total Pages: 352

ISBN-13: 9780521811354

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This book, first published in 2005, examines the evolution and impact of American intellectual property rights during the 'long nineteenth century'.


Book Synopsis The Democratization of Invention by : B. Zorina Khan

Download or read book The Democratization of Invention written by B. Zorina Khan and published by Cambridge University Press. This book was released on 2005-09-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2005, examines the evolution and impact of American intellectual property rights during the 'long nineteenth century'.

Patent Politics

Patent Politics

Author: Shobita Parthasarathy

Publisher: University of Chicago Press

Published: 2017-02-21

Total Pages: 299

ISBN-13: 022643799X

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Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.


Book Synopsis Patent Politics by : Shobita Parthasarathy

Download or read book Patent Politics written by Shobita Parthasarathy and published by University of Chicago Press. This book was released on 2017-02-21 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.

Innovators, Firms, and Markets

Innovators, Firms, and Markets

Author: Jonathan M. Barnett

Publisher: Oxford University Press, USA

Published: 2021-01-17

Total Pages: 257

ISBN-13: 0190908599

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"This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities"--


Book Synopsis Innovators, Firms, and Markets by : Jonathan M. Barnett

Download or read book Innovators, Firms, and Markets written by Jonathan M. Barnett and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities"--

Patent Wars

Patent Wars

Author: Thomas F. Cotter

Publisher: Oxford University Press

Published: 2018

Total Pages: 361

ISBN-13: 0190244437

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Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.


Book Synopsis Patent Wars by : Thomas F. Cotter

Download or read book Patent Wars written by Thomas F. Cotter and published by Oxford University Press. This book was released on 2018 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.

The Pocket Legal Companion to Patents

The Pocket Legal Companion to Patents

Author: Carl W. Battle

Publisher: Simon and Schuster

Published: 2013-10-08

Total Pages: 216

ISBN-13: 1621533891

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Many great ideas fail because the inventors do not take the appropriate steps to protect, promote, and profit from their ideas. This friendly guide will walk you through everything that needs to be done before you can expect to realize financial gain from your invention. Experienced patent attorney Carl W. Battle provides methods for commercializing your invention, sources of information and assistance, and helpful guidelines for obtaining a US patent on your idea. Specific topics include: Using patent attorneys and agents Dealing with invention brokers and promotion firms Maintaining confidentiality of your ideas Obtaining foreign patent rights Enforcing your patent against infringement Licensing opportunities And much more This invaluable handbook also offers information that can assist in the selection of an attorney or patent agent, and will help you to get involved and monitor the patent and marketing process. Finally, easy-to-use forms and step-by-step instructions give you the option of saving money by handling the patenting and commercializing processes without hiring a patent attorney or invention broker. If you have an idea for an invention that could improve productivity, create jobs, or solve some long-standing problem, then pick up this Pocket Legal Companion™ and learn how to maximize your profits.


Book Synopsis The Pocket Legal Companion to Patents by : Carl W. Battle

Download or read book The Pocket Legal Companion to Patents written by Carl W. Battle and published by Simon and Schuster. This book was released on 2013-10-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many great ideas fail because the inventors do not take the appropriate steps to protect, promote, and profit from their ideas. This friendly guide will walk you through everything that needs to be done before you can expect to realize financial gain from your invention. Experienced patent attorney Carl W. Battle provides methods for commercializing your invention, sources of information and assistance, and helpful guidelines for obtaining a US patent on your idea. Specific topics include: Using patent attorneys and agents Dealing with invention brokers and promotion firms Maintaining confidentiality of your ideas Obtaining foreign patent rights Enforcing your patent against infringement Licensing opportunities And much more This invaluable handbook also offers information that can assist in the selection of an attorney or patent agent, and will help you to get involved and monitor the patent and marketing process. Finally, easy-to-use forms and step-by-step instructions give you the option of saving money by handling the patenting and commercializing processes without hiring a patent attorney or invention broker. If you have an idea for an invention that could improve productivity, create jobs, or solve some long-standing problem, then pick up this Pocket Legal Companion™ and learn how to maximize your profits.