Patent Pools
7 important questions on Patent Pools
What are patent pools?
Why would antitrust authorities in the United States favour pools? (4)
- Integrating complementary technologies
- Reducing transaction costs
- Clearing blocking positions
- And avoiding costly infringement litigation
What do theoretical models of patent pools predict?
- Specifically, the prospect of a patent pool increases firm's incentives to invest in R&D because members can agree to sue infringers as a group and thereby lower their expected costs of litigation
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What is a key advantage of the historical setting of the sewing machine example?
Did the pool with the sewing machines discourage litigation? (3)
- Pool members faced little litigation
- Outside firms faced increased litigation risks
- Litigation data show that the pool as a whole engaged in 19 legal cases, and pool members acting independently engaged in another 23 disputes.
- There were 100 cases overall
Did the pool encourage outside firms to patent more? (4)
- In contrast to patents by members, patents by outside firms spiked just after the pool had been established
- The annual number of patents jumped from 25 in 1856 to almost 100 patents in 1858
- If outside firms failed to enter the pool because they were slower (rather than less productive), this increase is consistent with the idea of a patent race leading up to the pool
- Changes in sewing machine patents as a share of all U.S. patents also indicate that the pool discourages patenting
What are the conclusion of Lampe & Moser (2012): Patent Pools? (4)
- Pool members began to patent less as soon as the pool had been established
- producing an average of 3 patents per year from 1857 to 1861
- and only 2 patents per year from 1866 to 1870
- After the pool dissolved, the share of sewing machine patents recovered
- reaching nearly 1.5 percent of all U.S. patents in 1882
- The decline in innovation during the pool was limited to the United States
- British patents followed a more continuous growth path
- Evidence form the sewing machine industry challenges theoretical predictions and regulators' expectations that patent pools encourage innovation
The question on the page originate from the summary of the following study material:
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