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tags={},
filename={Ziedonis (2004) - Dont Fence Me In.pdf}
}
@article{farrell2009intellectual,
title = {Intellectual Property as a Bargaining Environment},
author = {Farrell, Joseph},
journal = {Innovation Policy and the Economy},
volume = {9},
number = {1},
pages = {pp. 39-53},
abstract = {Executive Summary Intellectual property policy relies on bargaining in the shadow of exclusivity. But bargaining is generically less than fully efficient, and the bargaining that would be needed to reach efficient arrangements in the shadow of exclusivity may be especially difficult in certain ways. I explore these issues and illustrate with brief discussions of patent pools and standards organizations, among others.},
year = {2009},
publisher = {The University of Chicago Press},
copyright = {Copyright © 2009 The National Bureau of Economic Research},
discipline={Econ},
research_type={Discussion},
industry={General},
tags={SSO, Patent Pools, Cross-licensing},
filename={Farrell (2009) - Intellectual Property As A Bargaining Environment.pdf}
}
@book{mossoff2009stitch,
title={A stitch in time: The rise and fall of the sewing machine patent thicket},
author={Mossoff, A.},
year={2009},
publisher={George Mason University School of Law},
abstract={Scholarly interest in how anticommons theory applies to patents has skyrocketed since Professor Michael Heller first proposed a decade ago that excessively fragmented interests in land can frustrate its commercial development. There is now a vigorous debate on whether anticommons exist in patent law, and, if so, whether these “patent thickets” impede innovation in patented products. This article contributes to this debate by analyzing the rise and fall of the first patent thicket in American history: the “Sewing Machine War” of the 1850s. The invention of the sewing machine in the antebellum era represents many firsts in the American legal system—the first patent thicket, the first “patent troll,” and the first patent pool. Significantly, this case study verifies that patent thickets exist and that they can frustrate commercial development of new products. But it also challenges widely held assumptions in the patent thicket literature. Many scholars believe that this is largely a modern problem arising from a host of allegedly new issues in the patent system, such as incremental high-tech innovation, excessive litigation, and the rise of “patent trolls.” Yet the sewing machine patent thicket exhibited all of these phenomena, revealing that patent thickets have long existed within the historically successful American patent system. The denouement of the sewing machine patent thicket in the Sewing Machine Combination of 1856, the first privately formed patent pool, further challenges the widely held belief that patent thickets are best solved through new statutes, regulations or court decisions that limit property rights in patents. To the contrary, the Sewing Machine Combination was formed against the backdrop of the strong protection of patent rights in the antebellum era. Thus, the story of the invention of the sewing machine is a striking account of early American technological, commercial and legal ingenuity, which heralds important empirical lessons for how patent thicket theory is understood and applied today.},
discipline={Econ},
research_type={Discussion},
industry={Sewing},
tags={Patent Pool},
filename={Mossoff (2009) - A Stitch In Time The Rise And Fall Of The Sewing Machine Patent Thicket.pdf}
}
@article{mossoff2011rise,
title={Rise and Fall of the First American Patent Thicket: The Sewing Machine War of the 1850s, The},
author={Mossoff, A.},
journal={Ariz. L. Rev.},
volume={53},
pages={165},
year={2011},
abstract={When Michael Heller proposed that excessively fragmented property rights in land can frustrate its commercial development, patent scholars began debating whether Heller’s anticommons theory applies to property rights in inventions. Do ―patent thickets‖ exist? The rise and fall of the first American patent thicket—the Sewing Machine War of the 1850s—confirms that patent thickets do exist and that they can frustrate commercial development of new products. But this historical patent thicket also challenges the widely held assumption that this is a modern problem arising from allegedly new issues in the patent system, such as incremental high-tech innovation and the impact of ―patent trolls.‖ The Sewing Machine War exhibited all of these phenomena, proving that these are hoary issues in patent law. The denouement of this patent thicket in the Sewing Machine Combination of 1856, the first privately formed patent pool, further challenges the conventional wisdom that patent thickets are best solved through public-ordering regimes that limit property rights in patents. The invention and incredible commercial success of the sewing machine is a striking account of early American technological, commercial, and legal ingenuity, which heralds important empirical lessons for how patent thicket theory is understood and applied today.},
discipline={Econ},
research_type={Discussion},
industry={Sewing},
tags={Patent Pool},
filename={Mossoff (2011) - Rise And Fall Of The First American Patent Thicket.pdf}
}
@book{schacht2006patent,
title={Patent Reform: Issues in the Biomedical and Software Industries},
author={Schacht, W.H.},
year={2006},
publisher={Congressional Research Service (7 April 2006), available at:< http://sharp. sefora. org/wp-content/uploads/2007/12/rl33367. pdf},
abstract={},
discipline={Policy Report},
research_type={Discussion, Commentary},
industry={Biomedical, Software},
tags={Patent Reform, existence of thickets},
filename={Schacht (2006) - Patent Reform Issues In The Biomedical And Software Industries.pdf}
}
