Intellectual Property Rights in Frontier Industries Software and Biotechnology,9780844771915

Intellectual Property Rights in Frontier Industries Software and Biotechnology

by
ISBN13: 9780844771915
ISBN10: 0844771910
Format: Paperback
Pub. Date: 2005-01-01
Publisher(s): Aei Press
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Summary

Of all the controversies surrounding the current U.S. patent system-and there are many-the debate over intellectual property rights in high-technology industries is one of the most strident. Both software and biotechnology are dynamic, fast growing, and increasingly important fields. Creating the right incentives for innovation in these key industries is not just a matter of academic debate; the issue has real implications for the growth of the economy.

Table of Contents

List of Illustrations
viii
Preface ix
Robert W. Hahn
Robert E. Litan
Introduction
1(10)
Robert W. Hahn
Pivotal Cases for Software IP Protection
1(3)
Turning Points for Biotech IP Policy
4(1)
The Policy Debate
5(3)
Notes
8(3)
An Overview of the Economics of Intellectual Property Protection
11(34)
Robert W. Hahn
A Review of IPR Theory
13(7)
Some Classical Theory: Information Property Rights Increase Innovation
13(4)
Some Recent Theory: Strong Patents Can Erect Barriers
17(3)
The Empirical IPR Literature
20(17)
Do Strong Patents Spur Innovation?
20(4)
Do Patents Increase Information Disclosure?
24(2)
Do Patents Increase Technology Transfer?
26(3)
Do Patents Increase Commercial Development?
29(2)
Do Patents Increase Economic Development?
31(4)
The Crucial Role of Data and Measurement
35(2)
Conclusions
37(2)
Notes
39(6)
Software Patents: Good News or Bad News?
45(36)
Stuart J. H. Graham
David C. Mowery
Patents and Innovation
46(3)
The Historical Development of the Computer Software Industry
49(3)
The Evolution of Intellectual Property Rights Policy and Practice in the U.S. Software Industry
52(4)
Copyright
52(1)
Patent
53(3)
Patenting Trends in the U.S. Software Industry, 1987--2003
56(13)
Software-Related Patenting by Packaged Software and Electronic Systems Firms, 1987--2003
62(3)
Changes in the ``Patent Propensity'' of Packaged-Software Firms, 1987--2003
65(4)
Patent Quality Issues
69(4)
Conclusion
73(3)
Notes
76(5)
Designing Optimal Software Patents
81(28)
Dan L. Burk
Mark A. Lemley
Software Patents
82(7)
Disclosure
82(2)
Obviousness
84(2)
Patent Scope
86(3)
Software Innovation
89(2)
Optimal Patent Design
91(4)
Institutional Competence
95(5)
Legislative Competence
96(2)
Judicial Competence
98(1)
Agency Competence
99(1)
Conclusion
100(1)
Notes
101(8)
State Street Meets the Human Genome Project: Intellectual Property and Bioinformatics
109(22)
Iain M. Cockburn
Patenting Activity in Bioinformatics
111(1)
Gene Patent Issues Revisited?
112(2)
Implications of State Street
114(1)
Challenges Posed by a Frontier Technology
115(2)
Assessing the Impact
117(2)
Economic Context
119(2)
Open Source Biology
121(3)
Conclusion
124(2)
Notes
126(5)
``Open and Collaborative'' Research: A New Model for Biomedicine
131(28)
Arti K. Rai
The Open and Collaborative Model in Context
134(2)
Innovation in Biopharmaceuticals
134(1)
Vertical ``Dis-Integration'' and Calls for Access
135(1)
Beyond Access: Open and Collaborative Research
136(9)
The Open Source Model
137(3)
Open and Collaborative Biomedical Research
140(5)
Open and Collaborative Biomedical Research: A Critical Evaluation
145(6)
Open Source Bioinformatics Software
145(2)
Open and Collaborative Databases
147(1)
Wet-Lab Biology
148(3)
Conclusion
151(2)
Notes
153(6)
Does Open Source Have Legs?
159(18)
Wesley M. Cohen
Background
159(3)
Open Source and the Tradeoffs Associated with R & D Information Flows
162(2)
Why Else in Software?
164(2)
Can Open Source Methods Be Applied to Biomedical Research?
166(2)
Should Open Source Methods Be Applied to Biomedicine?
168(2)
Alternatives
170(1)
Discussion
171(2)
Notes
173(4)
Index 177(8)
About the Authors 185

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