reference library

/reference library
reference library2018-06-08T14:23:35-07:00

This website features a collection of links to outside resources, many of which were cited in The Captured Economy, for readers interested in learning more about regressive regulation.

To filter the reference library by topic, please use the links on a topic page or open this page on a full-size screen and use the provided menu.

Optimal Patent Policy for Pharmaceutical Industry

Tanja Saxell, Tuomas Takalo, and Olena Izhak

VATT Institute for Economic Research

July 2020

We show how characterizing optimal patent policy for the pharmaceutical industry only requires information about generic producers’ responses to changes in the effective duration and scope of new drug patents….
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Crisis-Critical Intellectual Property: Findings From the COVID-19 Pandemic

Frank Tietze, Pratheeba Vimalnath, Leonidas Aristodemou, and Jenny Molloy

IEEE Transactions on Engineering Management

June 18, 2020

A pandemic calls for large-scale action across national and international innovation systems in order to mobilize resources for developing and manufacturing crisis-critical products efficiently and in the huge quantities needed….
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Technological Improvement Rate Estimates for All Technologies: Use of Patent Data and an Extended Domain Description

Anuraag Singh, Giorgio Triulzi, and Christopher L. Magee

SSRN

Apr 30, 2020

In this work, we attempt to provide a comprehensive granular account of the pace of technological change. More specifically, we survey estimated yearly performance improvement rates for nearly all definable…
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The Patents-Based Pharmaceutical Development Process: Rationale, Problems, and Potential Reforms

John H Barton and Ezekiel J Emanuel

Journal of the American Medical Association

Oct 26, 2005

The pharmaceutical industry is facing substantial criticism from many directions, including financial barriers to access to drugs in both developed and developing countries, high profits, spending on advertising and marketing,…
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Estimating The Cost Of Delayed Generic Drug Entry To Medicaid

Chintan V. Dave, Michael S. Sinha, Reed F. Beall, and Aaron S. Kesselheim

Health Affairs

June 2020

Delays in market entry of generic drugs are common. This study sought to identify the prevalence of delayed entry, the reasons for the delays, and the delays’ effects on Medicaid…
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Estimating The Cost Of Delayed Generic Drug Entry To Medicaid

Chintan V. Dave, Michael S. Sinha, Reed F. Beall, and Aaron S. Kesselheim

Health Affairs

June 2020

Delays in market entry of generic drugs are common. This study sought to identify the prevalence of delayed entry, the reasons for the delays, and the delays’ effects on Medicaid…
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Innovation in the U.S. Government

Joshua R. Bruce and John M. de Figueiredo

NBER

May 2020

This paper examines the U.S. government’s intramural research and development efforts over a 40-year period, drawing together multiple human capital, government spending, and patent datasets. The U.S. Federal Government innovates…
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Patents, Innovation, and Development

Bronwyn H. Hall

NBER

May 2020

I survey some recent research on the role of patents in encouraging innovation and growth in developing economies, beginning with a brief history of international patent systems and facts about…
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Financing Vaccines for Global Health Security

Jonathan T. Vu, Benjamin K. Kaplan, Shomesh Chaudhuri, Monique K. Mansoura, and Andrew W. Lo

NBER

May 2020

Recent outbreaks of infectious pathogens such as Zika, Ebola, and COVID-19 have underscored the need for the dependable availability of vaccines against emerging infectious diseases (EIDs). The cost and risk…
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The Anticompetitive Effects of Common Ownership: The Case of Paragraph IV Generic Entry

Jin Xie and Joseph Gerakos

PAEA Papers and Proceedings

May 2020

Brand-name pharmaceutical companies often file lawsuits against generic drug manufacturers that challenge the monopoly status of patent-protected drugs. Institutional horizontal shareholdings, measured by the generic shareholders’ ownership in the brand-name…
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Innovation α: What Do IP-Intensive Stock Price Indexes Tell Us about Innovation?

Carol Corrado, David Martin and Qianfan Wu

AEA Papers and Proceedings

May 2020

Patents and other intellectual property (IP) have grown in relative importance in investments and market capitalizations of public firms (e.g., Corrado and Hulten 2010). This paper illustrates the construction of…
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Expected Profits and The Scientific Novelty of Innovation

David Dranove, Craig Garthwaite, and Manuel I. Hermosilla

NBER

May 2020

Innovation policy involves trading off monopoly output and pricing in the short run in exchange for incentives for firms to develop new products in the future. While existing research demonstrates…
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Truly Standard-Essential Patents? A Semantics-Based Analysis

Lorenz Brachtendorf, Fabian Gaessler, and Dietmar Harhoff

Centre for Economic Policy Research

May 2020

Standard-essential patents (SEPs) have become a key element of technical coordination in standard-setting organizations. Yet, in many cases, it remains unclear whether a declared SEP is truly standard-essential. To date,…
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Scientific Grant Funding

Pierre Azoulay and Danielle Li

NBER

March 2020

This chapter provides an overview of grant funding as an innovation policy tool aimed at both practitioners and science policy scholars. We first discuss how grants relate to other contractual…
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How Much Can Pharma Lose?

Sean Dickson and Jeromie Ballreich

Westhealth Policy Center

December 2019

Whenever policymakers consider approaches to reduce drug spending, the pharmaceutical industry sings a familiar refrain— any reduction in drug manufacturer revenues will cause investment to wither, depriving manufacturers of the…
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Blind Spot: How the COVID-19 Outbreak Shows the Limits of Pharma’s Monopoly Model

Zain Rizvi

Public Citizen

February 19, 2020

As yet another coronavirus spreads around the globe, scientists are once again trying to develop new treatments and vaccines. Much remains unknown about this family of viruses. But we know…
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Profitability of Large Pharmaceutical Companies Compared With Other Large Public Companies

Fred D. Ledley, Sarah Shonka McCoy, and Gregory Vaughan

JAMA

March 3, 2020

Understanding the profitability of pharmaceutical companies is essential to formulating evidence-based policies to reduce drug costs while maintaining the industry’s ability to innovate and provide essential medicines. This cross-sectional study…
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Estimated Research and Development Investment Needed to Bring a New Medicine to Market, 2009-2018

Olivier J. Wouters, PhD1; Martin McKee, MD, DSc2; Jeroen Luyten, PhD

JAMA

March 3, 2020

The mean cost of developing a new drug has been the subject of debate, with recent estimates ranging from $314 million to $2.8 billion. Data were analyzed on new therapeutic…
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Approaching intellectual property scholarship differently: A qualitative research review and agenda

Shobita Parthasarathy

Science and Public Policy

February 27, 2020

Social and policy interest in intellectual property, and patents, in particular, is growing. This is reflected in the rise of scholarly inquiry on the topic beyond the legal community, including…
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Demand Shocks, Procurement Policies, and the Nature of Medical Innovation: Evidence from Wartime Prosthetic Device Patents

Jeffrey Clemens, Parker Rogers

NBER

January 2020

We analyze wartime prosthetic device patents to investigate how procurement policy affects the cost, quality, and quantity of medical innovation. Analyzing whether inventions emphasize cost and/or quality requires generating new…
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Medicines and Intellectual Property: 10 Years of the WHO Global Strategy

Germán Velásquez

South Centre

December 2019

The negotiations of the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG) (2006-2008), undertaken by the Member States of the World Health Organization (WHO), were the result…
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Economic Perspectives on FRAND

Roya Ghafele

2019

The economic valuation of intellectual property is an area with which IP professionals still need to fully come to grips with. In the context of Standard Essential Patents (SEPs), the…
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Is the Supreme Court’s Patentable Subject Matter Test Overly Ambiguous? An Empirical Test

Jason Reinecke

SSRN

July 2, 2019

In four cases handed down between 2010 and 2014, the Supreme Court articulated a new two-step patent eligibility test that drastically reduced the scope of patent protection for software inventions….
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Prophetic Patents

Janet Freilich

SSRN

June 25, 2018

In most contexts, making up data is forbidden – considered fraudulent, even immoral. Not so in patents. Patents often contain experimental data, and it is perfectly acceptable for these experiments…
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The Paradoxes of Patenting: Invention and Its Diffusion in 18th- and 19th-Century Britain, France, and North America

Christine MacLeod

Technology and Culture

October 1991

This article deals with a period of transition for most patent systems in Europe and North America, from instruments of royal prerogative power to specialized and statute-based weapons of capitalist…
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Appropriating the Returns from Industrial Research and Development

Richard C. Levin, Alvin K. Klevorick, Richard R. Nelson, Sidney G. Winter

Brookings Papers on Economic Activity

1987

This paper describes the results of an inquiry into appropriability conditions in more than one hundred manufacturing industries. We discuss how this information has been and might be used to…
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Trends in Prices of Popular Brand-Name Prescription Drugs in the United States

Nathan E. Wineinger, Yunyue Zhang, and Eric J. Topol

JAMA Network

May 31, 2019

High and continually increasing pharmaceutical drug spending is a major health and health policy concern in the United States.This economic evaluation of drug prices focuses on 49 top-selling brand-name medications…
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Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests

Secretary’s Advisory Committee on Genetics, Health, and Society

Department of Health and Human Services

April 2010

In keeping with our mandate to provide advice on the broad range of policy issues raised by the development and use of genetic technologies as well as our charge to…
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The Uneasy Case for Software Copyrights Revisited

Pamela Samuelson

The George Washington Law Review

September 2011

Forty years ago, Justice Stephen Breyer expressed serious doubts about the economic soundness of extending copyright protection to computer programs in his seminal article, The Uneasy Case for Copyright. A…
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Intellectual Property Law and the Right to Repair

Leah Chan Grinvald and Ofer Tur-Sinai

Fordham Law Review

May 2019

In recent years, there has been a growing push towards state legislation that would provide consumers with a “right to repair” their products. Currently 18 states have pending legislation that…
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Intellectual Property in the New Technological Age: 2017 – Chapters 1 and 2

Peter S. Menell, Mark A. Lemley, Robert P. Merges

UC Berkley Law School

2017

“The 2017 Edition reflects the following principal developments: Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade…
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The Patent Troll: Benign Middleman or Stick-Up Artist?

David S. Abrams, Ufuk Akcigit, Gokhan Oz, and Jeremy G. Pearce

NBER

March 2019

How do non-practicing entities (“Patent Trolls”) impact innovation and technological progress? Although this question has important implications for industrial policy, little direct evidence about it exists. This paper provides new…
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Two Errors in the Ninth Circuit’s Qualcomm Opinion

Thomas F. Cotter

Two Errors in the Ninth Circuit’s Qualcomm Opinion

September 10 2020

On August 11, 2020, the Ninth Circuit handed down its opinion in Federal Trade Commission v. Qualcomm Inc., reversing the district court’s judgment in favor of the FTC. This essay…
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The ESG-Innovation Disconnect: Evidence from Green Patenting

Lauren Cohen, Umit G. Gurun, and Quoc H. Nguyen

NBER

October 2020

No firm or sector of the global economy is untouched by innovation. In equilibrium, innovators will flock to (and innovation will occur where) the returns to innovative capital are the…
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The Access to Knowledge Mobilization and the New Politics of Intellectual Property

Amy Kapczynski

Yale Law Journal

2008

Intellectual Property law was once an arcane subject. Today it is at the center of some of the most highly charged political contests of our time. In recent years, college…
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From Revolving Doors to Regulatory Capture? Evidence from Patent Examiners

Haris Tabakovic and Thomas G. Wollmann

NBER

May 2018

Many regulatory agency employees are hired by the firms they regulate, creating a “revolving door” between government and the private sector. We study these transitions using detailed data from the…
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Disclosure and Subsequent Innovation: Evidence from the Patent Depository Library Program

Jeffrey L. Furman, Markus Nagler, and Martin Watzinger

NBER

May 2018

How important is information disclosure through patents for subsequent innovation? Although disclosure is regarded as essential to the functioning of the patent system, legal scholars have expressed considerable skepticism about…
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Does Winning a Patent Race Lead to More Follow-On Innovation?

Neil Thompson and Jeffrey M. Kuhn

Journal of Legal Analysis

June 30, 2020

Competition between firms to invent and patent an idea, or “patent racing,” has been much discussed in theory, but seldom analyzed empirically. This article introduces an empirical way to identify…
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Eighteen Years After Doha: An Analysis of the Use of Public Health TRIPS Flexibilities in Africa

Yousuf A. Vawda and Bonginkosi Shozi

The South Centre

February 2020

As we observe the 18th anniversary of the Doha Declaration on the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) and Public Health, it is appropriate to take…
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Academics’ Motives, Opportunity Costs and Commercial Activities Across Fields

Wesley M. Cohen, Henry Sauermann, and Paula Stephan

June 2018

Scholarly work seeking to understand academics’ commercial activities often draws on abstract notions of the institution of science and of the representative scientist. Few scholars have examined whether and how…
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An Assessment of the Impact of the America Invents Act and the Patent Trial and Appeal Board on the US Economy

The Perryman Group

The Perryman Group

June 2020

In a recent study, The Perryman Group (TPG), a world-renowned group of economists widely used and respected by industry and government, measured the effect of the AIA and PTAB on…
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The Impact of Information Technology on the Diffusion of New Pharmaceuticals

Kenneth J. Arrow, L. Kamran Bilir, and Alan Sorensen

American Economic Journal: Applied Economics

July 2020

Do information differences across US physicians contribute to treatment disparities? This paper uses a unique new dataset to evaluate how changes in physician access to a decision-relevant drug database affect…
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How Many Life-Years Have New Drugs Saved? A 3-Way Fixed-Effects Analysis of 66 Diseases in 27 Countries, 2000-2013

Frank R. Lichtenberg

NBER

January 2019

“We analyze the role that the launch of new drugs has played in reducing the number of years of life lost (YLL) before 3 different ages (85, 70, and 55)…
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Copying in Patent Law

Christopher Anthony Cotropia and Mark A. Lemley

North Carolina Law Review

June 2009

Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly…
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Crafting Intellectual Property Rights: Implications for Patent Assertion Entities, Litigation, and Innovation

Josh Feng and Xavier Jaravel

American Economic Journal

September 13, 2016

We show that examiner-driven variation in patent rights leads to quantitatively large impacts on several patent outcomes, including patent value, citations, and litigation. Notably, Patent Assertion Entities (PAEs) overwhelmingly purchase…
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Overpatented, Overpriced

i-Mak

February 2019

This report analyzes the twelve best selling drugs in the United States and reveals that drugmakers file hundreds of patent applications – the vast majority of which are granted –…
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From Incentive to Commodity to Asset: How International Law is Reconceptualizing Intellectual Property

Rochelle Cooper Dreyfuss and Susy Frankel

Michigan Journal of International Law

October 2014

Domestic patent, copyright and trademark regimes are traditionally justified on an incentive rationale. While international intellectual property agreements are nominally aimed at harnessing global markets to expand incentives, this article…
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Innovative startup firms and the patent system

Bronwyn Hall

VoxEU

July 19, 2018

Patent protection is assumed to benefit entrepreneurs seeking investment, because patents signal quality and are an asset that can be resold if a startup fails. This column argues that the…
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Who Profits from Patents? Rent-Sharing at Innovative Firms

Patrick Kline, Neviana Petkova, Heidi Williams, and Owen Zidar

NBER

November 2018

This paper analyzes how patent-induced shocks to labor productivity propagate into worker compensation using a new linkage of US patent applications to US business and worker tax records. We infer…
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Annual Intellectual Property Report to Congress

United States Intellectual Property Enforcement Coordinator

Office of the President of the United States

February 2019

The United States government is taking a targeted, practical, and comprehensive approach toward addressing intellectual property policy and strategy. The goal is to ensure a level playing field for American…
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Is Intellectual Property the Root of All Evil? Patents, Copyrights, and Inequality

Dean Baker

Center for Economic and Policy Research

October 2018

This paper raises three issues on the relationship between intellectual property and inequality. The first is a simple logical point. Patents, copyrights, and other forms of intellectual property are public…
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Patent Trolls and Startup Employment

Ian Appel, Joan Farre-Mensa, and Elena Simintzi

SSRN

October 17, 2018

We analyze how frivolous patent-infringement claims made by non-practicing entities (NPEs, or “patent trolls”) affect startups’ ability to grow and create jobs, innovate, and raise capital. Our identification strategy exploits…
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Patent Trolls and the Market for Acquisitions

Arash Dayani

SSRN

November 15, 2019

Frivolous patent-infringement claims increase the cost of innovation for small businesses and force them to exit via premature and discounted acquisitions. This study investigates the effect of abusive patent-infringement claims…
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Explaining Criminal Sanctions in Intellectual Property Law

Irina D. Manta

Journal of Law & Innovation

October 29, 2019

This symposium piece first seeks to unpack the relationship between intellectual property infringement and property offenses, and then to understand how the connection between the two has informed when the…
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Beyond Patents

Jeffrey Funk

Issues in Science and Technology

Summer 2018

I argue that the growing dominance of patent analysis not only fails to provide valuable and reliable insight into innovation processes, but is a smoke screen that prevents social scientists…
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Intellectual property rights affect the pattern of trade

Jenny Lin and William Lincoln

VoxEU

July 6, 2018

Disagreements over intellectual property rights policies have been a major roadblock in recent trade agreement talks, and the issue has also been a pillar of critiques of globalisation. This column…
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eBay, the Right to Exclude, and the Two Classes of Patent Owners

Paul R. Michel and John T. Battaglia

Patently-O Patent Law Journal

2020

The entire point of a healthy patent system is on spurring invention and investment, by rewarding inventor and investor alike, big or small, with exclusive rights of limited duration, for…
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The Role of Antitrust in Preventing Patent Holdup

Carl Shapiro and Mark A. Lemley

SSRN

August 4 2020

Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested interest in denying its existence have spent tens of millions…
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Owning Knowledge: A Unified Theory of Patent Eligibility

Talha Syed

SSRN

September 23 2020

Patent law’s doctrine of ineligible subject matter is widely agreed to be in a bad state of repair. Even those welcoming the Supreme Court’s return to express subject-matter bars have…
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The U.S. District Court for the Northern District of Illinois Dismisses Antitrust Case Challenging Patent Thicket (Humira)

Michael A. Carrier

e-Competitions

August 20, 2020

Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling involving the biologic Humira shows how not to decide these issues….
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Linguistic Metrics for Patent Disclosure: Evidence from University Versus Corporate Patents

Nancy Kong, Uwe Dulleck, Adam B. Jaffe, Shupeng Sun, and Sowmya Vajjala

Linguistic Metrics for Patent Disclosure: Evidence from University Versus Corporate Patents

September 2020

This paper proposes a novel approach to measure disclosure in patent applications using algorithms from computational linguistics. Borrowing methods from the literature on second language acquisition, we analyze core linguistic…
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Patent Quality: Towards a Systematic Framework for Analysis and Measurement

Kyle W. Higham, Gaétan de Rassenfosse, Adam B. Jaffe

NBER

September 2020

The ‘quality’ of novel technological innovations is extremely variable, and the ability to measure innovation quality is essential to sensible, evidence-based policy. Patents, an often vital precursor to a commercialised…
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Patents, Property, and Prospectivity

Jonathan Masur and Adam Mortara

Patents, Property, and Prospectivity

April 2019

When judges change the legal rules governing patents, those changes are always retroactive. That is, they apply equally to patents that have already been granted and patents that do not…
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The Importance of an Effective and Reliable Patent System to Investment in Critical Technologies

Mark F. Schultz

The Importance of an Effective and Reliable Patent System to Investment in Critical Technologies

July 2020

As the U.S. patent system has weakened, venture capital investment shifted away from patentintensive industries. We supplemented our exhaustive review of 14 years of data tracking VC investment by talking…
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How Patent Damages Skew Licensing Markets

Erik Hovenkamp and Jonathan Masur

Coase-Sandor Institute for Law and Economics

2016

If a litigated patent has previously been licensed to a third party, the courts generally adopt the terms of the prior agreement as the best measure of damages. However, while…
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Patenting Inventions or Inventing Patents? Strategic Use of Continuations at the USPTO

Cesare Righi and Timothy Simcoe

Patenting Inventions or Inventing Patents? Strategic Use of Continuations at the USPTO

August 2020

Continuations allow inventors to claim technology developed after the original filing date of their patent, leading to concerns about inadvertent infringement and hold-up. We use the link between patents and…
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Idea Diffusion and Property Rights

Boyan Jovanovic and Zhu Wang

NBER

October 2020

We study the innovation and diffusion of technology at the industry level. We derive the full dynamic paths of an industry’s evolution, from birth to its maturity, and we characterize…
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What Happened to U.S. Business Dynamism?

Ufuk Akcigit and Sina T. Ates

NBER

April 2019

In the past several decades, the U.S. economy has witnessed a number of striking trends that indicate a rising market concentration and a slowdown in business dynamism. In this paper,…
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Generic Drug Entry Priot to Patent Expiration

FTC

July 2002

“This study examines whether the conduct that the FTC challenged represented isolated instances or is more typical, and whether the 180-day exclusivity and the 30- month stay provisions of the…
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Four Facts Concerning Competition in U.S. Generic Prescription Drug Markets

Rena M. Conti and Ernst R. Berndte

NBER

August 2019

We establish four facts concerning competition among U.S. generic drug suppliers, using IQVIA’s National Sales Perspective™ 2004Q4 – 2016Q3 data. We define a unique product market (“molform”), consisting of the…
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The ‘Article of Manufacture’ in 1887

Sarah Burstein

Berkley Tech Law Journal

October 2016

One of the most important questions in contemporary design patent law is how to interpret the phrase “article of manufacture” in 35 U.S.C. § 289. While there has been much…
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Contribution of NIH funding to new drug approvals 2010–2016

Ekaterina Galkina Cleary, Jennifer M. Beierlein, Navleen Surjit Khanuja, Laura M. McNamee, and Fred D. Ledley

PNAS

February 2018

This work examines the contribution of NIH funding to published research associated with 210 new molecular entities (NMEs) approved by the Food and Drug Administration from 2010–2016. We identified >2…
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Irrational Ignorance at the Patent Office

Michael D. Frakes and Melissa F. Wasserman

Vanderbilt Law Review

November 13, 2018

There is widespread belief that the Patent Office issues too many bad patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems…
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Standing on the Shoulders of Science

Monika Schnitzer and Martin Watzinger

CEPR

May 2019

The goal of science is to advance knowledge, yet little is known about its value for marketplace inventions. While important breakthrough technologies could not have been developed without scientific background,…
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Patent Examiner Specialization

Cesare Righi and Timothy Simcoe/p>

NBER

October 2017

We study the matching of patent applications to examiners at the U.S. Patent and Trademark Office. Using test statistics originally developed to identify industry agglomeration, we find strong evidence that…
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Procrastination in the Workplace: Evidence from the U.S. Patent Office

Michael D. Frakes and Melissa F. Wasserman

NBER

January 2017

Despite much theoretical attention to the concept of procrastination and much exploration of this phenomenon in laboratory settings, there remain few empirical investigations into the practice of procrastination in real…
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Decreasing the Patent Office’s Incentives to Grant Invalid Patents

Michael D. Frakes and Melissa F. Wasserman

The Hamilton Project

December 13, 2017

There is general agreement that the U.S. Patent and Trademark Office is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. In…
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Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-level Application Data

Michael D. Frakes and Melissa F. Wasserman

NBER

December 2014

We explore how examiner behavior is altered by the time allocated for reviewing patent applications. Insufficient examination time may hamper examiner search and rejection efforts, leaving examiners more inclined to…
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Does the U.S. Patent and Trademark Office Grant Too Many Bad Patents?: Evidence From a Quasiexperiement

Michael D. Frakes and Melissa F. Wasserman

Notre Dame Law Review

2015

Many believe the root cause of the patent system’s dysfunction is that the U.S. Patent and Trademark Office (PTO or Agency) is issuing too many invalid patents that unnecessarily drain…
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The Paper Trail of Knowledge Spillovers: Evidence from Patent Interferences

Ina Ganguli, Jeffrey Lin, and Nicholas Reynolds

Federal Reserve Bank of Philidelphia

January 2019

We show evidence of localized knowledge spillovers using a new database of U.S. patent interferences terminated between 1998 and 2014. Interferences resulted when two or more independent parties submitted identical…
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Global Intellectual Property (IP) Litigation Risk Research Report

Willis Towers Watson

July 24, 2018

In the U.S. alone, an average of 12,000 intellectual property (IP) cases are filed in federal court each year; to put that into context, each year there are approximately 6,400…
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Economics of the Pharmaceutical Industry

Darius N. Lakdawalla

Journal of Economic Literature

June 2018

The pharmaceutical industry accounts for a substantial chunk of the US economy’s research and development investments, which have resulted in significant medical breakthroughs. At the same time, the costs of…
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When Biopharma Meets Software: Bioinformatics at the Patent Office

Saurabh Vishnubhakat & Arti K. Rai

Harvard Journal of Law & Technology

January 2015

Scholars have spilled much ink questioning patent quality. Complaints encompass concern about incoming applications, examination by the U.S. Patent and Trademark Office (“USPTO”), and the USPTO’s ultimate output. The literature…
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Beyond the Patents-Prizes Debate

Daniel Jacob Hemel and Lisa Larrimore Ouellette

Texas Law Review

April 2013

Intellectual property scholars have vigorously debated the merits of patents versus prizes for encouraging innovation, with occasional consideration of government grants. But these are not the only options. Perhaps most…
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The Idiosyncrasy of Patent Examiners: Effects of Experience and Attrition

Ronald J. Mann

Columbia Law Review

2014

In recent years, problems with the U.S. patent system have garnered attention from scholars and policymakers of all types. Concerns about the competitiveness of U.S. industry undergird worries that the…
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Expired Patents, Trade Secrets, and Stymied Competition

W. Nicholson Price

Notre Dame Law Review

December 22, 2016

Patents and trade secrecy have long been considered substitute incentives for innovation. When inventors create a new invention, they traditionally must choose between the two. And if inventors choose to…
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“Forced Technology Transfer” Policies: Workings in China and Strategic Implications

Dan Prud'homme, Max von Zedtwitz, Joachim Jan Thraen, and Martin Bader

Technology Forecasting and Social Change

September 2018

This paper evaluates the ability of “forced technology transfer” (FTT) policies – i.e., policies meant to increase foreign-domestic technology transfer that simultaneously weaken appropriability of foreign innovations – to contribute…
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Can Patents Deter Innovation? The Anticommons in Biomedical Research

Michael A. Heller and Rebecca S. Eisenberg

Science

May 1, 1998

The “tragedy of the commons” metaphor helps explain why people overuse shared resources. However, the recent proliferation of intellectual property rights in biomedical research suggests a different tragedy, an “anticommons”…
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Expired Patents

Saurabh Vishnubhakat

Catolic University Law Review

April 22, 2014

This article presents a comprehensive empirical description of the public domain of technologies that have recently passed out of patent protection. From a new dataset of over 300,000 patents that…
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Policy Levers in Patent Law

Mark A. Lemley and Dan L. Burk

Virginia Law Review

August 7, 2003

The patent statute creates a general set of legal rules that govern a wide variety of technologies. With only a few exceptions, the statute does not distinguish between different technologies…
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The Basics Matter: At the Periphery of Intellectual Property

F. Scott Kieff and Troy A. Paredes

Stanford Law and Economics Olin Working Paper

February 2004

Controversies often arise at the interfaces where intellectual property (“IP”) law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the…
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The Football as Intellectual Property Object

Michael J. Madison

University of Pittsburgh Legal Studies Research Paper

November 28, 2017

The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual…
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The Economic Geography of Innovation

Peter H. Egger and Nicole Loumeau

Centre for Economic Policy Research

November 28, 2018

This paper outlines a quantitative global multi-region model to assess the importance of country-level investment incentives towards innovation at the level of 5,633 regions of heterogeneous size. While incentives vary…
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Government-Funded Research Increasingly Fuels Innovation

L. Fleming, H. Greene, G. Li, M. Marx, and D. Yao

Science

June 21, 2019

Innovation increasingly relies on scientific knowledge. Research to generate that knowledge has historically been funded by both industry and government. Although industry and government research spending was relatively equal in…
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A Survey of Empirical Evidence on Patents and Innovation

Bhaven N. Sampat

NBER

December 2018

This report surveys the empirical literature from economics and related fields on patents and innovation. In particular, it reviews and synthesizes the empirical evidence on patents and first-generation innovation, the…
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A Functional Approach to Judicial Review of PTAB Rulings on Mixed Questions of Law and Fact

Rebecca S. Eisenberg

Iowa Law Review

July 2019

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has long relied on active appellate review to bring uniformity and clarity to patent law. It initially treated the PTO…
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How antitrust enforcement can spur innovation: Bell Labs and the 1956 Consent Decree

Martin Watzinger, Thomas Fackler, Markus Nagler, and Monika Schnitzer

VoxEU

February 19, 2017

There is growing concern that dominant companies use patents strategically to keep competitors from entering their market. This column uses the landmark 1956 Consent Decree against Bell Labs to explore…
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Questioning Patent Alienability

Tun-Jen Chiang

Houston Law Review

August 26, 2019

The standard economic rationale for the alienability of property rights is that it facilitates the flow of resources to those who can put it to the most valuable use, or…
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Eight Market-Oriented Proposals That Reduce Income Inequality

Dean Baker

American Enterprise Institute

January 24, 2017

Debates over economic policy are often framed as conservatives supporting market-oriented policies, while progressives support government interventions. However, there are many market-oriented policies that can lead to more equality, an…
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Should There Be Lower Taxes on Patent Income?

Fabian Gaessler, Bronwyn H. Hall, and Dietmar Harhoff

NBER

Publication date here

A “patent box” is a term for the application of a lower corporate tax rate to the income derived from the ownership of patents. This tax subsidy instrument has been…
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