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This paper addresses the impact of payment systems on the rate of technology adoption. We present a model where technological shift is driven by demand uncertainty, increased patients’ benefit, financial variables, and the reimbursement system to providers. Two payment systems are studied:...
Persistent link: https://www.econbiz.de/10013292932
The first sale or patent exhaustion doctrine reflects the limited nature of patents. In Quanta Computer, Inc. v. LG … Electronics, Inc., the Supreme Court reaffirmed the principle that the authorized sale of a patented item exhausts the patent as … to that item. However, in the context of self-replicating technology, it is unclear how the patent exhaustion/first sale …
Persistent link: https://www.econbiz.de/10014195094
territoriality under patent law through the point of patent value to assuage the challenges from emerging technologies. As a novel … contribution for the studies upon patent law, the article takes the concept of patent economic value, instead of technical value … in the cases of cross-border divided patent infringement. Rather than relying upon the technical-oriented track, the …
Persistent link: https://www.econbiz.de/10014347640
Tracing back to the Venetian patent law of the 1400s the motivation underlying the grant of the patent was to encourage … society. A patent generally gives its owner the right to prevent third parties from exploiting that same invention or creation …. As a reward or encouragement, it empowers the patent owner to secure a ‘producer surplus’ above that which would be …
Persistent link: https://www.econbiz.de/10014133170
five factors describe the phenomena largely responsible for the current mass extinction event, and patent law offers … valuable assistance in combating each one. Though it cannot offer a complete solution to the biodiversity crisis, the patent … system can offer powerful tools to help save biodiversity. On first inspection, patent law might appear an unlikely ally for …
Persistent link: https://www.econbiz.de/10014196348
Patent protection for genetic enhancements would tend to spur genetic innovation, but would tend to limit access to … those genetic enhancements through discriminatory mechanisms such as price and favoritism. The patent system would likely … ensure high rates of genetic enhancement innovation, research, and development, efficiently mediate access to genetic …
Persistent link: https://www.econbiz.de/10014212948
Persistent link: https://www.econbiz.de/10013020040
The patent system is a central tool in innovation policy. The prospect of monopolistic pricing conferred by patent … markups for patent-protected products. Using an original dataset that links a broad range of consumer products to the patents … that protect them, we study the impact of patent protection on product prices. The empirical strategy exploits exogenous …
Persistent link: https://www.econbiz.de/10013244339
Persistent link: https://www.econbiz.de/10013067191
any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a … draconian rule, and have instead upheld myriad patent claims that include mental steps. Recently there has been renewed interest … thoughts that cannot be avoided by protecting them from patentability, and thus preventing the iniquity of involuntary patent …
Persistent link: https://www.econbiz.de/10013070323