Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? How should society design the compromise between the interest of the inventor and the interest of the users of patented inventions? How should the patent system adapt to new technological areas? These questions and many more are addressed by the authors in this groundbreaking analysis of the economics behind the European patent system. Beginning with the history and principles of the patent system, the book then examines the economic effects of patenting on innovation and the diffusion of technology and growth. Throughout the book the theory and the reality are discussed alongside real world examples and comparison between the European, USA, and Japanese patent systems.

Stefan M. Wagner analyses problems associated with institutional changes (duration of patent examination and opposition mechanisms), the expansion of the patentable subject matter and organizational challenges for industrial patentees. The study is based on the empirical analysis of large scale datasets on European patents and employs advanced multivariate methods such as semi-parametric and panel-data regression methods.

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? These questions and many more are addressed by two eminent scholars in this groundbreaking analysis of the economic foundations of the European patent system.

This invaluable book provides a comprehensive overview of twenty years of research on the economics of innovation and patent policies. Edited by Bruno van Pottelsberghe de la Potterie, the papers in this volume witness twenty years of advanced empirical research — triggered by intensive collaboration and inspired by his own professional experience at the OECD, METI and the European Patent Office. The Editor's publications in these fields have greatly contributed to better understand how innovation can be stimulated, how it can be measured, through which channels it contributes to growth, with a particular emphasis on the role of patent systems. In the introductory chapter, the Editor provides an overview of each subfield of investigation, by explaining the genesis of the research projects and adding some personal history. The book first displays major empirical findings on the effectiveness of science and technology policies in stimulating R&D, on how these policies affect the contribution of R&D to economic growth, and how to measure international R&D spillovers and what are their most effective channels. The policies that aim at stimulating innovation include R&D subsidies, public R&D, and R&D tax credits. The chapters that follow present foundational work on patent count methodologies aiming at improving innovation metrics, as well as creative contributions on patent valuation models. The book then presents pioneering contributions on the design of patent systems, including a thorough work on the role of fees, far-reaching analyses on quality, and critical contributions on the governance of patent systems in general and the European patent system in particular.

Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.

"There are different ways to explaining economic growth in China. In this thesis, the author uses patent statistics in order to demonstrate how China generates its tremendously high and stable growth rates. Based on the endogenous growth theory, fields of actions are identified that account for China's rising patent activities. In addition to an intensification of research and development efforts, China benefits from FDI inflows as well as from its innovation friendly policy. In the end, the described development is embedded in a paten friendly environment, which shows not only China's efforts for attracting foreign investors but also the importance of providing incentives for domestic firms. As a result, Chinese's firms become more and more innovative in certain sectors"--Executive summary.

This publication addresses the role of national systems of intellectual property (IP) in the socio-economic development of emerging countries, notably through their impact on innovation. It presents a framework that identifies the key mechanisms that enable IP systems to support emerging countries' innovation and development objectives. This allows country studies to be conducted to identify strengths and weaknesses in the IP system from the perspective of contributions to national innovation performance. It then enables the formulation of concrete policy recommendations, thereby serving the overall objective of strengthening national innovation and growth. The report also discusses two IP country studies conducted for Colombia and Indonesia. These are based on analyses of the national intellectual property systems, drawing on country missions that gathered detailed information and feedback from more than 100 stakeholders on IP-related priorities and bottlenecks. Concrete policy recommendations are provided for both countries.