Patents overview

Question 1

Property rights over an invention

Answer 1

Patents

Question 2

What does Patents confer

Answer 2

Exclusive right to comercially exploit an invention for a limited time period

Question 3

6 facts about a Patent

Answer 3

1. Granted to whom put resources in the invention
2. Granted for a limited amount of time
3. Conditional on fulfilling the requirments
4. The right arises at the end of the procedure
5. Once given, disclosure of the invention
6. Once expired, everyone can use it at no cost or delays

Question 4

What are IPRs or IPs

Answer 4

Intellectual Property Rights: rights for intellectual work and human creativity

Question 5

Making, using, selling (offering), importing products

Answer 5

Commercial exploitation

Question 6

Non-commertial uses for academic research/teaching or privite use are allowed (experimental)

Answer 6

True

Question 7

How can the patent be commercially exploited by others

Answer 7

If the rights are re-assigned, sell or licensed.

Question 8

Global Hub of patent filing

Answer 8

Asia (most from Korea, Japon and China)

Question 9

2021 Top 5 Patents Offices

Answer 9

1. SIPO: China National Intellectual Property Administration
2. USPTO: United States Patent and Trademark Office
3. JPO: Japan Patents office
4. Kipo: Korea Intellectual Property office & Utility models
5. EPO: European Patent Office

Question 10

In relation to Digital communications, Technology field and Computer Tech where were most filed patents:

Answer 10

Digital: China and Korea
Computer tech: US
Electrical machinery: Japan and Germany

Question 11

Member States of EPO

Answer 11

38 member states
2 extention states
5 validation states

Question 12

Order of Hisorical events related to Patents

Answer 12

1474 Senate of the Republic of Venice
1625 England: Monopoly Patent Statute
1852 England established the first patent office
1883 Paris convention

Question 13

1474 Senate of the Republic of Venice

Answer 13

o First known law for patent granting
o Invention evaluation, max duration, disclousure w/apprentices
o Only valid in Venice, could patent something not known in venice.

Question 14

1625 England: Monopoly Patent Statute

Answer 14

o Fragmented legislation
o Each states different norms, could patent an invention from other state, so state competitions
o Evaluation of utility by comettee of wise men

Question 15

1883 Paris convention

Answer 15

o International protocol. Common rules on what is patentable.
o Each state recognizes the rights of inventions filed in other states
o Only what has never been invented before in all signatory states is new).
o It is still in force and the member countries of the WTO need to adhere.

Question 16

Economic rationale, classification of goods:

Answer 16

• Tangible (private/rival)
• Intangible

Question 17

Intangible goods are:

Answer 17

a. non-rival: the use of a person does not hamper use of another
b. non-excludable: you cannot make the person ‘unlearn’
so, imperfectly appropriable!

Question 18

Describe the Economic problem
1. Economic growth and innovation

Answer 18

o Economic growth depends on productivity (extract value from resources)
o Innovation effectively exploids resources and generates Economic growth.
o R&D expensive, Results uncertain and could be copied.

Question 19

Solution of Economic problem 1. Economic growth and innovation

Answer 19

Grant an exclusive right to those who put effort/resources in the inventive activity in order to:
1. Payback R&D costs
2. Incentivize future R&D

Question 20

Describe the Economic problem 2. Monopoly

Answer 20

1. Dead weight Loss DWL
2. Market price is higher than under perfect competition.
3. Underused capacity
4. Lost welfare
5. Wasteful invention

Question 21

Solution of Economic problem 2.Monopoly

Answer 21

o Temporary exclusive right (Max 20 years)
o Limit the right by Scope/breadth (content) and Location (geographic coverage)
o Require disclosure in exchange: enable society to copy immediately in countries not covered by patent and after expiry in countries that are covered.

Question 22

Is the number of years in which the right to exclusivity is ensured

Answer 22

Duration

Question 23

Number of varians of innovation protected by a single patent

Answer 23

Breath

Question 24

Positive finite number; short if inelastic demand;short if breath big; big if R&D high costly.

Answer 24

How economist think case by case should be evaluated to define opltimal duration

Question 25

What is a patent standard duration

Answer 25

20 years