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来源类型 | Report |
规范类型 | 报告 |
The economic implications of patent reform | |
Aparna Mathur; Robert J. Shapiro | |
发表日期 | 2008 |
出版年 | 2008 |
语种 | 英语 |
摘要 | The economic implications of patent reform Download PDF Executive Summary Economists have long recognized that the development and spread of economic innovations are the most powerful factors affecting how fast the U.S. economy grows and how much the incomes of most Americans will rise. Changes in the patent rights that protect the intellectual property embodied in innovations, therefore, can affect U.S. prosperity. Our analysis has found that three provisions of the patent reform legislation now before the U.S. Congress could dampen or discourage innovation with potentially serious consequences for the American economy. Apportioning Damages: The proposal to change the rules for apportioning damages in cases of patent infringements would likely increase those infringements and slow the pace of innovation. Post-Grant Opposition: The proposal to replace or supplement the current patent-reexamination process with an adversarial, post-grant opposition system modeled on, and possibly even broader than, the procedures of the European Union (EU) could significantly reduce investments in innovation. Inequitable Conduct: The proposal to enshrine in federal patent law the ―doctrine of inequitable conduct‖ now followed by some courts, and possibly even broaden it, also could dampen innovation in the United States. The doctrine holds that any intentional omission or misrepresentation in any part of a patent application will void the entire patent, even when the information in question would not have affected the outcome of the original application. Together, these three proposals would make patents harder to secure, easier to invalidate, and cheaper to infringe. The net effects will reduce the value of patents and the intellectual property they represent, dampening R&D and the consequent pace of innovation in the United States. |
主题 | Technology and Innovation |
标签 | patents |
URL | https://www.aei.org/research-products/report/the-economic-implications-of-patent-reform/ |
来源智库 | American Enterprise Institute (United States) |
资源类型 | 智库出版物 |
条目标识符 | http://119.78.100.153/handle/2XGU8XDN/205205 |
推荐引用方式 GB/T 7714 | Aparna Mathur,Robert J. Shapiro. The economic implications of patent reform. 2008. |
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文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
-the-economic-implic(323KB) | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 |
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