ACADEMIC ARTICLE SUMMARY

Intellectual Property Rights in Frontier Industries: Software and Biotechnology

Article Source: AEI-Brookings Joint Center for Regulatory Studies, 2005
Publication Date:
Time to Read: 1 minute read
Written By:

 Robert W. Hahn

Robert W. Hahn

 Arti K. Rai

Arti K. Rai

 Dan Burk

Dan Burk

 David C. Mowery

David C. Mowery

 Iain M. Cockburn

Iain M. Cockburn

ARTICLE SUMMARY

Summary:

This book considers the debate whether patents are good or bad for cutting- edge technology like software and biotech.

POLICY RELEVANCE

Policy Relevance:

There is some consensus that patents pose problems for innovation, but little consensus on severity or solutions.

KEY TAKEAWAYS

Key Takeaways:
  • Stuart Graham and David Mowery argue that little evidence shows that software patents are good, and there is likewise little evidence that they are harmful.

  • Dan Burk and Mark Lemley argue that the courts should refine case law so that software patents describe in detail the protected innovation and are narrower.

  • Ian Cockburn explains that inconsistencies between patent rules for software and for biotechnology cause problems in patenting “bioinformatics,” a combination of the two fields.

  • Arti Rae and Wesley Cohen explore whether methods used in open source software are also useful in biomedical research.

QUOTE

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Mark Lemley

About Mark Lemley

Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He is also a Senior Fellow at the Stanford Institute for Economic Policy Research and as affiliated faculty in the Symbolic Systems program. He teaches intellectual property, patent law, trademark law, antitrust, the law of robotics and AI, video game law, and remedies.

Wesley Cohen

About Wesley Cohen

Wesley M. Cohen is Professor of Economics and Management and the Snow Family Professor of Business Administration in the Fuqua School of Business, Duke University. He also holds secondary appointments in Duke’s Department of Economics and School of Law, is a Research Associate of the National Bureau of Economic Research, and serves as the Faculty Director of the Fuqua School’s Center for Entrepreneurship and Innovation. Professor Cohen’s research focus is on the economics of technological change.