Econ 483_Lecture 3_Patents_Market structure

How dierent another product must be to avoid

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: must be established with respect to one of the several "claims" in the patent document. how di¤erent another product must be to avoid infringement Claims: the minimal combinations of elements that qualify for protection "Doctrine of equivalents": protection from any product which does the same work in substantially the same way & accomplish the same results. Lecture 3: IP & market structure, Econ483: Econ of Innovation & Technology, Evangelia Chalioti c A ll rights reserved. IP Characteristics Patent characteristics Exemptions & defenses: If the patent holder asserts rights that do not meet the foregoing requirements, a defense to infringement might be that the patent is invalid. Applicants cannot receive a patent on someone else’invention. Patent holders must not "misuse" their patents. The ‘ careful balance between monopoly & free usage’requirement must hold Lecture 3: IP & market structure, Econ483: Econ of Innovation & Technology, Evangelia Chalioti c A ll rights reserved. IP Characteristics Patent characteristics Exemption if the infringer’ conduct is socially bene…cial - i.e. for s noncommercial research by Universities. Min standards of honesty (not misleading assurances) - Applicants have to reveal what can make their patents unenforceable. In the US, if two inventors apply for a patent, priority is given to the …rst inventor (not to the …rst inventor to …le an application) Lecture 3: IP & market structure, Econ483: Econ of Innovation...
View Full Document

Ask a homework question - tutors are online