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All HBS Web
(1,065)
- News (156)
- Research (681)
- Events (23)
- Multimedia (1)
- Faculty Publications (431)
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- June 2011 (Revised October 2013)
- Case
Gene Patents (A)
By: Richard Hamermesh, David Kiron and Phillip Andrews
In March 2010, U.S. District Court Judge Robert Sweet overturned 30 years of legal precedent and ruled that unaltered human genes could not be patented. This case reviews patent law and how it relates to our increasing knowledge of the Human Genome. The case issues...
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Keywords:
Courts and Trials;
Patents;
Genetics;
Judgments;
Science-Based Business;
Biotechnology Industry;
United States
Hamermesh, Richard, David Kiron, and Phillip Andrews. "Gene Patents (A)." Harvard Business School Case 811-089, June 2011. (Revised October 2013.)
- 2012
- Article
Patent Policy, Patent Pools, and the Accumulation of Claims in Sequential Innovation
By: Gaston Llanes and Stefano Trento
We present a dynamic model where the accumulation of patents generates an increasing number of claims on sequential innovation. We compare innovation activity under three regimes—patents, no-patents, and patent pools—and find that none of them can reach the first best....
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Llanes, Gaston, and Stefano Trento. "Patent Policy, Patent Pools, and the Accumulation of Claims in Sequential Innovation." Economic Theory 50, no. 3 (August 2012): 703–725.
- 2009
- Working Paper
Patent Policy, Patent Pools, and the Accumulation of Claims in Sequential Innovation
By: Gaston Llanes and Stefano Trento
We present a dynamic model where the accumulation of patents generates an increasing number of claims on sequential innovation. We study the equilibrium innovation activity under three regimes: patents, no-patents and patent pools. Patent pools increase the probability...
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Llanes, Gaston, and Stefano Trento. "Patent Policy, Patent Pools, and the Accumulation of Claims in Sequential Innovation." Harvard Business School Working Paper, No. 10-005, July 2009.
- December 2012
- Teaching Note
Gene Patents (A) (TN)
By: Richard G. Hamermesh and Matthew Preble
This is the teaching note for case Gene Patents (A). In March 2010, U.S. District Court Judge Robert Sweet overturned 30 years of legal precedent and ruled that unaltered human genes could not be patented. This case reviews patent law and how it relates to our...
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- 2017
- Working Paper
What Is a Patent Worth? Evidence from the U.S. Patent 'Lottery'
By: Joan Farre-Mensa, Deepak Hegde and Alexander Ljungqvist
We provide evidence on the value of patents to start-ups by leveraging the random assignment of applications to examiners with different propensities to grant patents. Using unique data on all first-time applications filed at the U.S. Patent Office since 2001, we find...
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Farre-Mensa, Joan, Deepak Hegde, and Alexander Ljungqvist. "What Is a Patent Worth? Evidence from the U.S. Patent 'Lottery'." NBER Working Paper Series, No. 23268, March 2017. (Previous version circulated under the title “The Bright Side of Patents”.)
- 20 Jan 2016
- Working Paper Summaries
The Bright Side of Patents
- 28 Feb 2017
- Working Paper Summaries
Patent Trolls and Small-Business Employment
- 2016
- Working Paper
Patent Disclosures and Standard-Setting
By: Josh Lerner, Haris Tabakovic and Jean Tirole
A key role of standard setting organizations (SSOs) is to aggregate information on relevant intellectual property (IP) claims before deciding on a standard. This article explores the firms’ strategies in response to IP disclosure requirements—in particular, the choice...
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Lerner, Josh, Haris Tabakovic, and Jean Tirole. "Patent Disclosures and Standard-Setting." Harvard Business School Working Paper, No. 17-030, October 2016.
- 2018
- Working Paper
Some Facts of High-Tech Patenting
By: Michael Webb, Nick Short, Nicholas Bloom and Josh Lerner
Patenting in software, cloud computing, and artificial intelligence has grown rapidly in recent years. Such patents are acquired primarily by large U.S. technology firms such as IBM, Microsoft, Google, and HP, as well as by Japanese multinationals such as Sony, Canon,...
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Webb, Michael, Nick Short, Nicholas Bloom, and Josh Lerner. "Some Facts of High-Tech Patenting." Harvard Business School Working Paper, No. 19-014, August 2018. (NBER Working Paper Series, No. 24793, July 2018.)
- 2014
- Article
Are Patents Creative or Destructive?
By: Tom Nicholas
Current debate over patent aggregation has led to renewed interest in the long-standing question concerning whether patents are a creative or a destructive influence on the process of technological development. In this paper I examine the basic patent tradeoff between...
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Nicholas, Tom. "Are Patents Creative or Destructive?" Antitrust Law Journal 79, no. 2 (2014): 405–421.
- 04 Sep 2018
- Working Paper Summaries
Some Facts of High-Tech Patenting
- 2014
- Working Paper
Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms
By: Prithwiraj Choudhury and Tarun Khanna
Since the 1990s, several Western firms have filed patents based on medicinal herbs from emerging markets, evoking protests from local stakeholders against 'bio-piracy'. We explore conditions under which firms and local stakeholders share rents from such patents. Our...
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Keywords:
Rents From New Technology;
Local Stakeholders;
Herbal Patents;
QCA;
Fuzzy Set Analysis;
Qualitative Case Studies;
Plant-Based Agribusiness;
Patents;
Emerging Markets;
Health Care and Treatment;
Business and Stakeholder Relations;
Cross-Cultural and Cross-Border Issues;
Agriculture and Agribusiness Industry;
Pharmaceutical Industry
Choudhury, Prithwiraj, and Tarun Khanna. "Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms." Harvard Business School Working Paper, No. 14-081, February 2014.
- 01 Nov 2016
- Working Paper Summaries
Patent Disclosures and Standard-Setting
- August 2008 (Revised May 2009)
- Background Note
International Enforcement of U.S. Patents
By: Robert C. Pozen and Jordan Hirsch
A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and...
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Pozen, Robert C., and Jordan Hirsch. "International Enforcement of U.S. Patents." Harvard Business School Background Note 309-022, August 2008. (Revised May 2009.)
- Article
Policy Implications of Weak Patent Rights
By: James J. Anton, Hillary Greene and Dennis Yao
Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents—patents that have a significant probability of being overturned...
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Keywords:
Patents;
Motivation and Incentives;
Entrepreneurship;
Competition;
Policy;
Innovation and Invention;
Rights;
Monopoly;
Business Startups
Anton, James J., Hillary Greene, and Dennis Yao. "Policy Implications of Weak Patent Rights." Innovation Policy and the Economy 6 (2006): 1–26. (Harvard users click here for full text.)
- June 2004
- Article
Efficient Patent Pools
By: Josh Lerner and Jean Tirole
Keywords:
Patents
Lerner, Josh, and Jean Tirole. "Efficient Patent Pools." American Economic Review 94, no. 3 (June 2004): 697–711. (Earlier version distributed as National Bureau of Economic Research Working Paper No. 9175.)
- 06 Feb 2006
- Research & Ideas
Sorting Out the Patent Craze
products. The need to work with other manufacturers was quite limited. Today, the world is much more complicated. Not only are many more firms pursuing innovations in key technologies, but firms are much more willing to patent these...
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- 2016
- Working Paper
Patent Publication and the Market for Ideas
By: Deepak Hegde and Hong Luo
In this paper, we study the effect of invention disclosure through patent publication on the market for ideas. We do so by analyzing the effects of the American Inventor's Protection Act of 1999 (AIPA)—which required US patent applications to be published 18 months...
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Hegde, Deepak, and Hong Luo. "Patent Publication and the Market for Ideas." Working Paper, February 2016. (Accepted for publication in Management Science.)
- Article
Novelty and Disclosure in Patent Law
By: Suzanne Scotchmer and Jerry R. Green
The stringency of the novelty requirement in patent law affects the pace of innovation because it affects the amount of technical information that is disclosed among firms. It also affects ex ante profitability of research. We compare weak and strong novelty...
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Scotchmer, Suzanne, and Jerry R. Green. "Novelty and Disclosure in Patent Law." RAND Journal of Economics 21, no. 1 (Spring 1990): 131–146.
- 2006
- Other Unpublished Work
Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry
By: Juan Alcacer and Rachelle C. Sampson
Anecdotal evidence suggests that patent litigation has increased in the last 20 years as firms in knowledge intensive industries use patents more frequently to protect their knowledge stocks and managers focus on extracting new revenue streams from existing patent...
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