Intellectual property rights are a key element in today's knowledge economy. Specifically, the use of patents as transactional elements has become widespread. However, the market for patents possesses specific features that differentiate it from other markets. This book provides evidence for its existence and addresses its particular conditions. It also takes a deep dive into patent intermediaries, discussing how they emerged, their activity and business models, as well as their impact on market structure, firms, and societies.
Patent intermediaries participate in market transactions by offering various services and by bridging supply and demand of patents. In the last decades, some of them (so-called pejoratively ‘patent trolls’) have become popular for their aggressive litigiousness. However, the activity and presence of patent intermediaries are much more significant. To enhance our understanding of the role of patent intermediaries, the authors provide a comprehensive review of the role of these agents in the Economy.
Author(s): Mario Benassi, Miryam Martin-Sanchez
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Pages: 236
City: Cham
Contents
About the Authors
Abbreviations
List of Figures
List of Tables
1: Introduction
1.1 The Book in Summary
Reference
2: The Growing Importance of Intellectual Property (Rights)
2.1 Introduction
2.2 Knowledge: A Composite Resource
2.3 From Intellectual Assets to Intellectual Property
2.4 Intellectual Property Rights: The Case of Patents
2.5 The Patent Boom
2.6 Side Effects of the Patent Boom
References
3: Is There a Market for Patents?
3.1 Introduction
3.2 The Market for Patents: Evidence
3.3 The Market for Patents: Dysfunctions
3.4 The Market for Patents: Theoretical Issues
References
4: How and Why Do Patent Intermediaries (Re)Emerge?
4.1 Introduction
4.2 Patent Intermediaries During the Rise of the Market
4.3 The Resurgence of Intermediaries
4.4 Patent Intermediaries: From Matchmakers to Market-makers?
References
5: Business Models of Patent Intermediaries
5.1 Introduction
5.2 Heterogeneity of IP-Based Business Models
5.3 The Genuine Business Model of Patent Intermediation
5.4 Patent Intermediaries: Problem-solvers or Problem Creators?
References
6: Digital Platforms and Intermediaries
6.1 Introduction
6.2 Producing and Using Patent Information
6.3 Digital Platforms
6.4 Digital Platforms and the Market for Patents
6.5 Experiments in the Market for Patents
References
7: Patent Intermediaries and Litigation
7.1 Introduction
7.2 An Overview on Patent Litigation
7.2.1 Litigation in the US
7.2.2 Litigation in the EU
7.2.3 Litigation in China
7.3 PAE Monetization Strategies
7.3.1 Sowing Time: Pre-enforcement Activities
7.3.2 Harvesting Time: Enforcement Activities
7.4 PAEs Versus Practicing Entities: Asymmetry in Costs and Risks
7.5 Opportunistic Litigation Versus Predatory Infringement
References
8: The Impact of Patent Intermediaries
8.1 Introduction
8.2 A Market Perspective
8.3 Market Participants’ Perspective
8.3.1 Impact on Independent Inventors and R&D Specialists
8.3.2 Impact on Operating Companies
8.3.3 Impact on Patent Attorneys and Enforcers
8.4 Institutional Perspective
References
9: Conclusions
9.1 Concluding Remarks
9.2 Implications
9.3 Future Directions
References
Appendix: A List of Some of the Most Relevant Active Patent Intermediaries
Glossary
References
Index
