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  • All HBS Web  (1,022)
    • News  (154)
    • Research  (694)
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    • Multimedia  (1)
  • Faculty Publications  (441)
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  • March 2012 (Revised October 2013)
  • Supplement

Gene Patents (B)

By: Richard Hamermesh and Phillip Andrews
The case updates events since the Court's ruling against Myriad Genetics on March 29, 2010 and should be used in conjunction with Gene Patents (A). On July 29, 2011, a US Appeals Court reversed the prior ruling against Myriad. On September 16, 2011, the first major... View Details
Keywords: Courts and Trials; Patents; Genetics; Judgments; Investment; Biotechnology Industry; United States
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Hamermesh, Richard, and Phillip Andrews. "Gene Patents (B)." Harvard Business School Supplement 812-130, March 2012. (Revised October 2013.)
  • 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... View Details
Keywords: Courts and Trials; Patents; Genetics; Judgments; Science-Based Business; Biotechnology Industry; United States
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Hamermesh, Richard, David Kiron, and Phillip Andrews. "Gene Patents (A)." Harvard Business School Case 811-089, June 2011. (Revised October 2013.)
  • 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... View Details
Keywords: Innovation and Invention; Patents; Rights; Mathematical Methods
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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.
  • 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... View Details
Keywords: Patents; Business Startups; Innovation and Invention
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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”.)
  • 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.... View Details
Keywords: Patents; Taxation; Innovation and Invention
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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.
  • 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... View Details
Keywords: Biotech; Human Genome; Patents; Genetics; Biotechnology Industry; United States
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Hamermesh, Richard G., and Matthew Preble. "Gene Patents (A) (TN)." Harvard Business School Teaching Note 813-099, December 2012.
  • 20 Jan 2016
  • Working Paper Summaries

The Bright Side of Patents

Keywords: by Joan Farre-Mensa, Deepak Hegde & Alexander Ljungqvist; Technology; Manufacturing
  • 28 Feb 2017
  • Working Paper Summaries

Patent Trolls and Small-Business Employment

Keywords: by Ian Appel, Joan Farre-Mensa, and Elena Simintzi
  • 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... View Details
Keywords: Innovation; Incentives; Patents; Technological Innovation; Motivation and Incentives
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Nicholas, Tom. "Are Patents Creative or Destructive?" Antitrust Law Journal 79, no. 2 (2014): 405–421.
  • 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... View Details
Keywords: Patents; Corporate Disclosure; Standards
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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,... View Details
Keywords: Patents; Applications and Software; Technological Innovation; United States
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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.)
  • 01 Nov 2016
  • Working Paper Summaries

Patent Disclosures and Standard-Setting

Keywords: by Josh Lerner, Haris Tabakovic, and Jean Tirole
  • 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... View Details
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
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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.
  • 04 Sep 2018
  • Working Paper Summaries

Some Facts of High-Tech Patenting

Keywords: by Michael Webb, Nick Short, Nicholas Bloom, and Josh Lerner
  • 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... View Details
Keywords: by Sara Grant; Technology
  • 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... View Details
Keywords: International Relations; Patents; Courts and Trials; Lawsuits and Litigation; Rights
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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... View Details
Keywords: Patents; Motivation and Incentives; Entrepreneurship; Competition; Policy; Innovation and Invention; Rights; Monopoly; Business Startups
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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
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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.)
  • 2024
  • Working Paper

The Efficiency of Patent Litigation

By: Samuel Antill, Murat Alp Celik, Xu Tian and Toni M. Whited
How efficient is the U.S. patent litigation system? We quantify the extent to which the litigation system shapes innovation using a novel dynamic model, in which heterogeneous firms innovate and face potential patent lawsuits. We show that the impact of a litigation... View Details
Keywords: Innovation and Invention; Lawsuits and Litigation; Growth and Development; Welfare; Patents
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Antill, Samuel, Murat Alp Celik, Xu Tian, and Toni M. Whited. "The Efficiency of Patent Litigation." Working Paper, May 2024. (Revise & Resubmit, Journal of Finance.)
  • 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... View Details
Keywords: Patents; Law
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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.
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