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2016 | Book

Introduction Read chapter Read first chapter

Enforcing and Trading Patents

Evidence for Europe

Author: Fabian Gäßler

Publisher: Springer Fachmedien Wiesbaden

Book Series : Innovation und Entrepreneurship

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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About this book

Applying novel datasets, Fabian Gäßler analyzes how key aspects of the current patent system in Europe and Germany, respectively, affect patent enforcement and patent trade. In particular, he shows what factors determine court selection in patent litigation and how the jurisdictional separation of validity and infringement questions favors the patent holder. The author further provides empirical evidence for the market for patents in Europe. The presented findings yield important implications for the ongoing debate on the optimal design of patent systems.

Table of Contents

Frontmatter
Chapter 1. Introduction
Abstract
Patents are regarded as a key policy instrument to spur innovation and technological progress, based on the social bargain that inventors disclose their novel and nonobvious invention to the public in return for temporary exclusion rights to use the invention. The artificial market power a patent confers upon the inventor with inevitable loss of public welfare represents a fundamental market intervention of the state. Not surprisingly, since the beginning of modern economic thought, scholars have therefore been pondering over the costs and benefits of patents to society.
Fabian Gäßler
Chapter 2. What to Buy when Forum Shopping – Determinants of Court Selection in Patent Litigation
Abstract
To ensure local accessibility to justice, most judicial systems are characterized by the coexistence of multiple geographically dispersed entry courts. If a dispute fulfills the requirements for territorial jurisdiction at more than one of these courts, the plaintiff gains the option to conduct forum shopping; that is, to freely select the court of his choice to seek judicial relief. Particularly in patent litigation, forum shopping is considered common practice, since the infringing act, e.g., the manufacture or the sale of the infringing product, usually occurs at a national if not international scale (Moore, 2001b).
Fabian Gäßler
Chapter 3. Invalid but Infringed? An Analysis of Germany’s Bifurcated Patent Litigation System
Abstract
Patents are probabilistic property rights: there exists inherent uncertainty regarding a patent’s validity and scope (Lemley and Shapiro, 2005). Although patents are granted by patent offices only after substantive examination, there is no guarantee that a granted patent is in fact valid. This uncertainty about patent validity has important effects on the functioning of patent systems and legal patent enforcement in particular.
Fabian Gäßler
Chapter 4. The Timing of Patent Transfers in Europe
Abstract
One fundamental characteristic of patents is transferability. While the rights to exclude others from making, using, or selling the protected technology originate with the inventor, they can be transferred to anyone who gains ownership of the patent. As tradable property rights, patents facilitate technology transfer and promote the vertical and horizontal disintegration of knowledge-based industries (Hall and Ziedonis, 2001; Arora et al., 2004).
Fabian Gäßler
Chapter 5. Summary
Abstract
This thesis had two main topics: patent litigation and patent transfers. The first two studies addressed certain aspects of the German patent litigation system and their effect on litigant behavior. In the first study I examined what factors determine the patent holder’s court selection given he has multiple courts available.
Fabian Gäßler
Backmatter
Metadata
Title
Enforcing and Trading Patents
Author
Fabian Gäßler
Copyright Year
2016
Electronic ISBN
978-3-658-13375-7
Print ISBN
978-3-658-13374-0
DOI
https://doi.org/10.1007/978-3-658-13375-7