Patent Policy and Innovation: Do Legal Rules Deliver Effective Economic Outcomes?

Patent Policy and Innovation: Do Legal Rules Deliver Effective Economic Outcomes?

by Hazel V.J. Moir


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This empirical study uses a scientifically selected sample of patents to assess patent quality. The careful evaluation of the assumptions in alternative economic theories about the generation and diffusion of new knowledge demonstrates that the height of the inventive step is critical to effective and efficient patent policy.

The book provides a practical introduction to the policy rules affecting the grant of patents, particularly the rules making the inventive step so low. It also offers insights into interactions between examiners and applicants during the patent application process. Finally, the book compares how the rules about inventiveness operate in the USPTO, the EPO and the Australian Patent Office, gives new insights into business method patenting and offers suggestions for raising the height of the inventive step.

Patent Policy and Innovation will appeal to academics researching in the patent field, economists, innovation and industry policy advisors, patent policy makers, NGO policy advisors and patent practitioners.

Product Details

ISBN-13: 9780857932785
Publisher: Edward Elgar Publishing
Publication date: 05/13/2013
Pages: 256
Product dimensions: 9.20(w) x 6.10(h) x 0.70(d)

About the Author

Hazel V.J. Moir, Centre for Policy Innovation, Research School of Social Sciences, ANU College of Arts and Social Sciences, Australian National University

Table of Contents

Contents: Preface 1. Introduction 2. The Economics of Patent Policy: Assumptions, Paradoxes and Evidence 3. Who Determines Patent Policy: Judges, Lobbyists or Legislatures? 4. In the National Interest: Defining Patentable Inventions 5. Finding and Avoiding Existing Knowledge 6. Combining Known Elements 7. The Quantum of Inventiveness: Other Approaches and Rules 8. Rebalancing the Patent System Appendix. Original Claims: Selected Patents References Index

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