Lecture 7: Protecting Innovation Flashcards

1
Q

What is the term “Appropriability”

A

= the degree to which a firm is able to capture the gains from an innovation
= is determined by how easily/quickly competitors can copy the innovation

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2
Q

Definition of “Patents”

A

= rights granted by the government that exclude others from producing, using, or selling an innovation

= Innovation must be useful, novel, and not be obvious

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3
Q

What are the different types of Patents?

A
  1. Utility Patents
    -> protect new and useful processes, machines, manufactured items, or combination of materials
  2. Design Patents
    -> Protect original designs for manufactured items
  3. Plant Patents
    -> Protect distinct new varieties of plants
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4
Q

Patent Strategies

A

= Patents can also be monetized by licensing, selling patent rights
= Sometimes firms seek patents to just limit the options of their competitors
= can also earn money through aggressive patent lawsuits

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5
Q

Patent tickets

A

= Firms sometimes buy bundles of patents just to create a “war chest” to defend themselves from lawsuits by others by offering a credible threat
= Can make it hard for firms to compete and stifle innovation

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6
Q

What are “Trademarks and Service Marks”

A

= a word, phrase, symbol, design, or other indicators that are used to distinguish the source of goods of one party from goods of another

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7
Q

What is Copyright

A

= is a form of protection granted to works of authorship
= is a type of legal protection given to original works written by authors

= Work that is not fixed in tangible form is not eligible

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8
Q

What are Trade Secrets?

A

= Definition: information that belongs to a business that is generally unknown to others
= Firm can protect proprietary products or processes as a trade secret without disclosing detailed information that would be required in a patent

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9
Q

What is needed to qualify as a Trade secret?

A

= information must not be generally known
= Information must offer a distinctive advantage for the firm
= Trade Secret holders must exercise reasonable measures to protect their secrecy

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10
Q

The effectiveness and use of protection mechanisms

A

= depends on the industry whether protection is effective or less effective
= pharmaceutical: protection is very effective
= manufacturing: difficult to protect processes and techniques
= Electronics: easy to be invented around

=> Sometimes diffusion a technology may be more valuable than protecting it

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11
Q

What are Wholly Proprietary Systems?

A

= may be legally produces or augmented only by their developers

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12
Q

What are Wholly Open Systems

A

= may be freely accessed, augmented, and distributed by anyone

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13
Q

Advantages of Protection

A

= Proprietary systems offer greater rent
= Rents can be used to invest in further development, promotion, and distribution
= Give the firm control over their technology and complements

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14
Q

Advantages of Diffusion

A

= More rapid adoption if produced and promoted by multiple firms
= Technology might be improved by other firms

BUT: external development poses its own risks

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15
Q

Factors influencing benefits of protection vs. diffusion

A
  • Can a firm produce enough products or with sufficient quality?
  • Are components needed? -> Availability of them?
  • Is there industry opposition against sole source technology?
  • Can the firm improve technology well and fast enough?
  • How important is it to prevent the technology from being altered in ways that fragment its standards?
  • How valuable is architectural control to the firm?
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16
Q

Challenges with patents based on “first to invent”

A
  1. Complexity or Verification
  2. Litigation and Disputes (legal battles)
  3. Delay in Innovation -> Legal battles can delay commercialization
  4. Inconsistency -> Different interpretations and implementations of the rules can lead to inconsistent patent awards
17
Q

What is “pooling patents”?

A

= multiple patent holders come together to combine their patents into a single entity
= pool is managed collectively, allowing for easier licensing

18
Q

Advantages of pooling patents

A
  1. Easier Licensing
  2. Reduced legal battles
  3. Accelerate innovation
19
Q

Disadvantages of pooled patents

A
  1. Monopoly risks
  2. reduced competition
  3. Management complexity
20
Q

Impact of patents on the development of lifesaving treatments

A
  1. Fostering Development
    = Incentive for Innovation
    = Funding for the research
  2. Slowing down development
    = Access registrations
    = Lawsuits may delay
    = Fragmented research -> hindered collaboration