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Full-Text Articles in Social and Behavioral Sciences
Patent Assertion Entities & Privateers: Economic Harms To Innovation And Competition, Robert G. Harris
Patent Assertion Entities & Privateers: Economic Harms To Innovation And Competition, Robert G. Harris
Robert G Harris
This paper addresses the problems of aggressive rent-seeking activities by patent assertion entities (PAEs) and privateers. Section II explains why aggressive patent assertion is especially problematic in patent thick products and systems (such as computers, smartphones and software), and why technological developments have increased the number and “density” of patent thickets. Section III addresses the fundamental differences in the strategic positions and interests of practicing entities and PAEs, and explains why those differences affect the conduct of PAEs and increase the opportunities for, and economic harm caused by, their rent-seeking conduct and efforts to engage in patent hold-up. Section IV …
Patent Assertion Entities & Privateers: Economic Harms To Innovation & Competition, Robert G. Harris
Patent Assertion Entities & Privateers: Economic Harms To Innovation & Competition, Robert G. Harris
Robert G Harris
This paper addresses the problems of aggressive rent-seeking activities by patent assertion entities (PAEs) and privateers. Section II explains why aggressive patent assertion is especially problematic in patent thick products and systems (such as computers, smartphones and software), and why technological developments have increased the number and “density” of patent thickets. Section III addresses the fundamental differences in the strategic positions and interests of practicing entities and PAEs, and explains why those differences affect the conduct of PAEs and increase the opportunities for, and economic harm caused by, their rent-seeking conduct and efforts to engage in patent hold-up. Section IV …
Privateers & Paes: Economic Harms To Competition And Innovation, Robert G. Harris
Privateers & Paes: Economic Harms To Competition And Innovation, Robert G. Harris
Robert G Harris
This paper addresses the problems of aggressive rent-seeking activities by patent assertion entities (PAEs), especially those involving patent thickets. It analyzes the fundamental differences in the strategic interests of practicing entities and PAEs and explains why those differences affect the conduct of PAEs and increase the opportunities for, and economic harm caused by PAEs’ rent-seeking and patent holdup. It also addresses the anticompetitive harms caused when practicing entities transfer patents to PAEs, especially those that incentivize assertion of the transferred patents against their competitors, i.e. “patent privateering.”