We offer description and analysis of the 2008 Berkeley Patent Survey, summarizing the responses of 1,332 U … providing relatively weak incentives for core activities in the innovation process. Our analysis uncovers that the drivers of … startup patenting are often associated with capturing competitive advantage, and the associated goals of preventing technology …

-be inventor that can thwart innovation and frustrate important objectives of the patent system. To resolve these problems and to …The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention … like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule …

We present a model of process innovation that offers an explanation for the negative relationship between patent … favor imitation. Since imitation is discouraged for strong levels of patent protection, we find that R&D investment is often … maximized for an intermediate protection level. In addition, an increase in patent protection can enhance the innovator …

The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of … defining technology; and it confounds contemporary decision-making by patent offices on the patentability of inventions and by … physical in order to be technical. Despite such ambiguity, patent law throughout the world is arguably founded on the idea that …

Software patents not only do no promote innovation, they instead reduce it. The U.S. Executive branch has recommended … recommendations for reform. Others have suggested, among other things, enhancing software patent claim disclosure requirements to … reducing the value of most software patents. Instead, the only way to optimally reform software patent law without destroying …

Software patents not only do no promote innovation, they instead reduce it. The U.S. Executive branch has recommended … recommendations for reform. Others have suggested, among other things, enhancing software patent claim disclosure requirements to … reducing the value of most software patents. Instead, the only way to optimally reform software patent law without destroying …

innovation. We evaluate this argument in a dynamic stochastic model of a patent race. The result generally supports the …The U.S. has been under pressure to abandon the unique first-to-invent feature of its patent law for awarding patents …

about promoting innovation? I argue that empirical progress in patent law depends on greater policy diversity (rather than …Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to … promote innovation? This article grapples with the second-order question: What policies should we adopt to promote innovation …

Standard innovation theory assumes that intellectual property protection is a prerequisite to the development of … innovation for the benefit of society. While not directly challenging this traditionally held belief, the authors used empirical … with greater innovation. The results of this empirical study were mixed. The authors’ analysis identified a statistically …

Does U.S. patent law increase the competitiveness of U.S. firms in global markets? This Article argues that, contrary … to the beliefs of many U.S. lawmakers, U.S. patent law currently undermines the ability of U.S. firms to compete in … global markets because strong U.S. patent rights actually weaken an overlooked but critical determinant of U …