Digital Commons Network^™

Policy Implications Of Weak Patent Rights, Hillary Greene, James J. Anton, Dennis A. Yao

Faculty Articles and Papers

Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents--patents that have a significant probability of being overturned or being circumvented relatively easily---on innovation and disclosure incentives, antitrust policy, and organizational incentives and entrepreneurial activity.

Weak patents cause firms to rely more heavily on secrecy. Thus, the competitive environment is characterized by private information about the extent of the innovator's know-how. In such an environment weak patents increase the likelihood of imitation and infringement, reduce the amount of knowledge publicly …