Chapter 9 : Protecting Innovation Flashcards
Appropriability
The degree to which a firm is able to capture the rents from its innovation
determined by how easily competitors can imitate the innovation & the strength of the chosen protective mechanism.
- difficult to copy : tacit, socially complex
Patents
property rights granted by the government that exclude others from producing, using, or selling an invention in the country in which the patent is issued,
for a limited time.
•1) usefulness, 2) novelty and 3) obviousness.
Utility patents
Design patents
Plant patents
1) protect new and useful processes, machines, manufactured items or combination of materials
2) protect original and ornamental designs for manufactured items
3) protect distinct new varieties of plants.
Paris Convention for the Protection of Industrial Property
- Foreign nationals and citizens have the same rights.
- Right of “priority”
- Eliminates barriers to patenting inventions previously
revealed by public disclosure.
Patent Cooperation Treaty (PCT)
Single application valid in all countries and the inventor has 2 1⁄2 years to file in other signatory countries.
Patent strategies
- Blocking others from selling the product so that the
firm can be the sole provider; - Licensing the technology to others;
- Selling the patent rights to another firm that can
better utilize the technology - Limit the options of competitors, or to earn revenues
through aggressive patent lawsuits
( ‘patent trolling’ )
Trademarks & Service marks
A word, phrase, symbol, design, or other indicator that is used to distinguish the source of goods form one party from goods of another
( Madrid Union treaties simplify registration of trademarks in multiple countries.)
The Effectiveness & use of protection mechanisms
- Legal protection mechanisms are more effective in some industries than others
- Difficult to protect manufacturing processes and techniques
- Diffusing a technology may be more valuable than protecting it (sometimes)
- Once control is relinquished it is difficult to reclaim
Advantages of Protection
- greater rent appropriability
- Rents can be used to invest in further development,
promotion, and distribution. - Give the firm control over the evolution of the technology and complements.
Advantages of Diffusion
- More rapid adoptions if produced and promoted by
multiple firms. - Technology might be improved by other firms (though
external development poses its own risks).