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来源类型Working Paper
规范类型报告
DOI10.3386/w21678
来源IDWorking Paper 21678
Patent Assertions: Are We Any Closer to Aligning Reward to Contribution?
Fiona Scott Morton; Carl Shapiro
发表日期2015-11-02
出版年2015
语种英语
摘要The 2011 America Invents Act was the most significant reform to the United States patent system in over fifty years. However, the AIA did not address a number of major problems associated with patent litigation in the United States. In this paper, we provide an economic analysis of post-AIA developments relating to Patent Assertion Entities (PAEs) and Standard-Essential Patents (SEPs). For PAEs and SEPs, we examine the alignment, or lack of alignment, between the rewards provided to patent holders and their social contributions. Our report is mixed. Regarding PAEs, we see significantly improved alignment between rewards and contributions, largely due to a series of rulings by the Supreme Court. Legislation currently under consideration in Congress would further limit certain litigation tactics used by PAEs that generate rewards unrelated to contribution. We also see some notable developments relating to SEPs, especially with the recent reform to the patent policies of the IEEE, a leading Standard-Setting Organization (SSO) and with several recent court decisions clarifying what constitutes a Fair, Reasonable and Non-Discriminatory (FRAND) royalty rate. However, other steps that could better align rewards with contributions on the SEP front have largely stalled out, particularly because other major SSOs do not seem poised to follow the lead of the IEEE. Antitrust enforcement in this area could further improve the alignment of rewards and contributions.
主题Other ; Law and Economics ; Industrial Organization
URLhttps://www.nber.org/papers/w21678
来源智库National Bureau of Economic Research (United States)
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资源类型智库出版物
条目标识符http://119.78.100.153/handle/2XGU8XDN/579353
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GB/T 7714
Fiona Scott Morton,Carl Shapiro. Patent Assertions: Are We Any Closer to Aligning Reward to Contribution?. 2015.
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