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Patent Length and Breadth as Policy Instruments: A Systematic Review of Recent Contributions to the Theory of Optimal Patent Design

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  • Leandro M. Meller

    (Universidad Nacional del Sur/CONICET)

Abstract

This article offers a systematic review of the last ten years of contributions to the theoretical literature on optimal patent policy, with focus on patent length and breadth as alternative tools for encouraging innovation, growth or welfare improvement. The articles were classified according to their assumptions about the interconnectedness of different innovations. Three cases have been identified: isolated innovations, cumulative innovations (which, in turn, can be divided into ”research tool” and ”qualityladder” cases) and complementary innovations. According to the results, optimal patent length is finite in some models, whereas it is infinite in others. A similar diversity of results was found in models featuring patent breadth: some of them suggest that it should be minimum, others conclude that an intermediate value would be optimal, and others are more prone to favour maximum breadth. Few works seemed to conclude that two or more kinds of soutions were possible. The four kinds of models exhibited, up to a certain degree, this seeming inconsistency. As a consequence, works presenting sufficient conditions for different sorts of optimal solutions have not been found within this period.

Suggested Citation

  • Leandro M. Meller, 2022. "Patent Length and Breadth as Policy Instruments: A Systematic Review of Recent Contributions to the Theory of Optimal Patent Design," Working Papers 192, Red Nacional de Investigadores en Economía (RedNIE).
    • Handle: RePEc:aoz:wpaper:192
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    File URL: https://rednie.eco.unc.edu.ar/files/DT/192.pdf
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    1. Tobias Volpert & Marcel Riepe, 2021. "Patentdimensionen und die Entwicklung und Herstellung von Corona-Impfstoffen [Patent Dimensions in the Development and Production of COVID-19 Vaccines]," Wirtschaftsdienst, Springer;ZBW - Leibniz Information Centre for Economics, vol. 101(5), pages 387-393, May.
    2. Jeon, Haejun, 2019. "Patent protection and R&D subsidy under asymmetric information," International Review of Economics & Finance, Elsevier, vol. 62(C), pages 332-354.
    3. Yibai Yang, 2018. "On the Optimality of IPR Protection with Blocking Patents," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 27, pages 205-230, January.
    4. Bondarev, Anton, 2018. "Does stronger intellectual property rights protection foster structural change? Effects of heterogeneity in innovations," Structural Change and Economic Dynamics, Elsevier, vol. 46(C), pages 26-42.
    5. Zheng, Zhijie & Huang, Chien-Yu & Yang, Yibai, 2020. "Patent protection, innovation, and technology transfer in a Schumpeterian economy," European Economic Review, Elsevier, vol. 129(C).
    6. Daniel Spulber, 2021. "The Case for Patents," World Scientific Books, World Scientific Publishing Co. Pte. Ltd., number 11976, August.
    7. Ted O'Donoghue & Suzanne Scotchmer & Jacques‐François Thisse, 1998. "Patent Breadth, Patent Life, and the Pace of Technological Progress," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 7(1), pages 1-32, March.
    8. Diwakar, Bharat & Sorek, Gilad & Stern, Michael, 2021. "Patents And Growth In Olg Economy With Physical Capital," Macroeconomic Dynamics, Cambridge University Press, vol. 25(2), pages 489-508, March.
    9. Sam Meng, 2019. "A New Design for the Patent System," Journal of the Knowledge Economy, Springer;Portland International Center for Management of Engineering and Technology (PICMET), vol. 10(3), pages 1204-1229, September.
    10. Hylton, Keith N. & Zhang, Mengxi, 2017. "Optimal remedies for patent infringement," International Review of Law and Economics, Elsevier, vol. 52(C), pages 44-57.
    11. Mukherjee, Arijit & Mukherjee, Soma, 2013. "Technology licensing and innovation," Economics Letters, Elsevier, vol. 120(3), pages 499-502.
    12. Tatsuro Iwaisako & Koichi Futagami, 2013. "Patent protection, capital accumulation, and economic growth," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 52(2), pages 631-668, March.
    13. Daniel F. Spulber, 2013. "Innovation Economics: The Interplay Among Technology Standards, Competitive Conduct, And Economic Performance," Journal of Competition Law and Economics, Oxford University Press, vol. 9(4), pages 777-825.
    14. Daron Acemoglu & Ufuk Akcigit, 2012. "Intellectual Property Rights Policy, Competition And Innovation," Journal of the European Economic Association, European Economic Association, vol. 10(1), pages 1-42, February.
    15. Anton Bondarev, 2016. "Intensity of R&D competition and the generation of innovations in heterogeneous setting," Journal of Evolutionary Economics, Springer, vol. 26(3), pages 621-653, July.
    16. Kenneth Arrow, 1962. "Economic Welfare and the Allocation of Resources for Invention," NBER Chapters, in: The Rate and Direction of Inventive Activity: Economic and Social Factors, pages 609-626, National Bureau of Economic Research, Inc.
    17. Novelli, Elena, 2015. "An examination of the antecedents and implications of patent scope," Research Policy, Elsevier, vol. 44(2), pages 493-507.
    18. Nordhaus, William D, 1972. "The Optimum Life on a Patent: Reply," American Economic Review, American Economic Association, vol. 62(3), pages 428-431, June.
    19. Keith N. Hylton & Wendy Xu, 2020. "Error Costs, Ratio Tests, and Patent Antitrust Law," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 56(4), pages 563-591, June.
    20. Ikeda, Takeshi & Tanno, Tadanobu & Yasaki, Yoshihito, 2021. "Optimal intellectual property rights policy by an importing country," Economics Letters, Elsevier, vol. 209(C).
    21. Suzanne Scotchmer, 1991. "Standing on the Shoulders of Giants: Cumulative Research and the Patent Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 29-41, Winter.
    22. Leonard F.S. Wang & Arijit Mukherjee, 2014. "Patent Protection, Innovation and Technology Licensing," Australian Economic Papers, Wiley Blackwell, vol. 53(3-4), pages 245-254, December.
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