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#[[Cockburn MacGarvie (2009) - Patents Thickets And The Financing Of Early Stage Firms]]
#[[Schacht (2006) - Patent Reform Issues In The Biomedical And Software Industries]]
→The Paper Pages
==The Paper Pages==
#[[Bessen (2003) - Patent Thickets Strategic Patenting Of Complex Technologies]]
#[[Clarkson (2004) - Objective Identification Of Patent Thickets A Network Analytic Approach]]
#[[Clarkson (2005) - Patent Informatics For Patent Thicket Detection]]
#[[Clarkson DeKorte (2006) - The Problem Of Patent Thickets In Convergent Technologies]]
#[[Cockburn MacGarvie Muller (2010) - Patent Thickets Licensing And Innovative Performance]]
#[[Cockburn Macgarvie (2011) - Entry And Patenting In The Software Industry]]
#*[[Cockburn MacGarvie (2006) - Entry And Patenting In The Software Industry]]
#[[Cockburn MacGarvie (2009) - Patents Thickets And The Financing Of Early Stage Firms]]
#*Note that Cockburn MacGarvie (2009) really is a different paper from Cockburn Macgarvie (2011), despite their similarities
#[[Entezarkheir (2010) - Patent Thickets And Market Value An Empirical Analysis]]
#[[EPO (2012) - Workshop on Patent Thickets]]
#[[Epstein Kuhlik (2004) - Is There A Biomedical Anticommons]]
#[[Evans LayneFarrar (2004) - Software Patents And Open Source]]
#[[Geradin (2007) - Royalty Stacking In High Tech Industries Separating Myth From Reality]]
#[[Geradin LayneFarrar PadillaBlanco (2008) - The Complements Problem Within Standard Setting]]
#[[Galasso (2007) - Broad Cross License Agreements And Persuasive Patent Litigation]]
#[[Hall (2012) - A Study Of Patent Thickets]]
#[[Hall Ziedonis (2001) - The Patent Paradox Revisited]]
#[[Hall Ziedonis (2007) - An Empirical Analysis Of Patent Litigation In The Semiconductor Industry]]
#[[Hargreaves (2011) - Digital Opportunity]]
#[[Harhoff (2007) - The Strategic Use Of Patents And Its Implications For Enterprise And Competition Policies]]
#[[Harhoff VonGraevenitz Wagner (2012) - Conflict Resolution Public Goods And Patent Thickets]]
#[[Hegde Mowery Graham (2009) - Pioneering Inventors Or Thicket Builders]]
#[[Heller (1998) - The Tragedy Of The Anticommons]]
#[[Heller Eisenberg (1998) - Can Patents Deter Innovation The Anticommons In Biomedical Research]]
#[[Huang Murray (2009) - Does Patent Strategy Shape The Long Run Supply Of Public Knowledge]]
#[[Mann (2004) - The Myth Of The Software Patent Thicket]]
#[[Mann (2005) - Do Patents Facilitate Financing In The Software Industry]]
#[[Merges (1996) - Contracting Into Liability Rules]]
#[[Merges (1999) - Institutions For Intellectual Property Transactions]]
#[[Merges Nelson (1990) - On The Complex Economics Of Patent Scope]]
#[[Hall (2012) - A Study Of Patent Thickets]]
#[[Hall Ziedonis (2001) - The Patent Paradox Revisited]]
#[[Hall Ziedonis (2007) - An Empirical Analysis Of Patent Litigation In The Semiconductor Industry]]
#[[Hegde Mowery Graham (2009) - Pioneering Inventors Or Thicket Builders]]
#[[Huang Murray (2009) - Does Patent Strategy Shape The Long Run Supply Of Public Knowledge]]
===Theory Papers===
====Informal Theory(Econ)====
#[[Bessen (2003) - Patent Thickets Strategic Patenting Of Complex Technologies]]
#[[Farrell (2009) - Intellectual Property As A Bargaining Environment]]
#[[Shapiro (2001) - Navigating The Patent Thicket]]
====Informal Theory (Law)====
#[[Heller (1998) - The Tragedy Of The Anticommons]]
#[[Merges (1996) - Contracting Into Liability Rules]]
====Formal Theory With Empirics====
#[[Galasso (2007) - Broad Cross License Agreements And Persuasive Patent Litigation]]
#[[Galasso Schankerman (2010) - Patent Thickets Courts And The Market For Innovation]]
#[[Geradin (2007) - Royalty Stacking In High Tech Industries Separating Myth From Reality]]
#[[Mann (2004) - The Myth Of The Software Patent Thicket]]
#[[Mann (2005) - Do Patents Facilitate Financing In The Software Industry]]
===Policy Report===
#[[EPO (2012) - Workshop on Patent Thickets]]
#[[Hargreaves (2011) - Digital Opportunity]]
#[[Harhoff (2007) - The Strategic Use Of Patents And Its Implications For Enterprise And Competition Policies]]
#[[Regibeau Rockett (2011) - Assessment Of Potential Anticompetitive Conduct]]
#[[UKIPO (2011) - Patent Thickets An Overview]]
The following papers do not explicitly discuss patent thickets but are vital to an understanding of thickets or their measures:
#[[Hall (2005) - A Note On The Bias In Herfindahl Type Measures Based On Count Data]]
@article{hall2005note,
title={A note on the bias in Herfindahl-type measures based on count data},
author={Hall, B.H.},
journal={Revue D' Economie Industrielle, Paris Editions, Techniques Et Economiques},
volume={110},
pages={149},
year={2005},
abstract={A Herfindahl index of constructed from shares based on count data where the number of counts is small will generally be biased downward because of the statistical properties of count data and Jensen’s inequality. This note suggests a simple correction for the bias and illustrates its applicability when using measures based on patent data and patent citation data.},
discipline={Econ},
research_type={Measures},
filename={[[Hall (2005) - A Note On The Bias In Herfindahl Type Measures Based On Count Data]].pdf}
}
The following papers were erroneously classified as core:
==Paper Origins==
The vast major of these papers were contained in the first download. However, the following four papers were found during the 1st stage of convergence process:
#[[Merges (1999) - Institutions For Intellectual Property Transactions]]
#[[Merges Nelson (1990) - On The Complex Economics Of Patent Scope]]
And the following paper was added as it was referenced in the review done by Kirti Gupta, deemed to be directly about thickets, and we didn't have it:
#[[Epstein Kuhlik (2004) - Is There A Biomedical Anticommons]]
===Recently Added Core Papers===
The following papers were recently added to the core and may not be fully processed as yet. They were reclassified from the Up, Down or Discard groups during the tagging process, or found during the 2nd stage of the convergence process.
#[[Bessen (2003) - Patent Thickets Strategic Patenting Of Complex Technologies]]
#[[EPO (2012) - Workshop on Patent Thickets]]
#[[Galasso (2007) - Broad Cross License Agreements And Persuasive Patent Litigation]]
#[[Hall Ziedonis (2007) - An Empirical Analysis Of Patent Litigation In The Semiconductor Industry]]
#[[Harhoff (2007) - The Strategic Use Of Patents And Its Implications For Enterprise And Competition Policies]]
#[[Heller (1998) - The Tragedy Of The Anticommons]]
#[[Mann (2005) - Do Patents Facilitate Financing In The Software Industry]]
#[[Merges (1996) - Contracting Into Liability Rules]]
In addition, Lessig's book is often used as a seminal reference for the anticommons. It deserves a mention but not a write-up (it isn't seminal - it refs Heller/Eisenberg).
@book{lessig2001future,
title={The future of ideas: The fate of the commons in a connected world},
author={Lessig, Lawrence},
year={2001},
publisher={Vintage},
abstract={},
discipline={Law},
research_type={Discussion},
industry={All},
thicket_stance={Pro},
thicket_stance_extract={The complexity in these rights to exclude creates this anticommons problem. And the more severe the problem, the more it will stifle new innovation.},
thicket_def={#A, #B, References Shapiro, References Heller/Eisenberg, Overlapping Patents, Cummulative Invention, Complementary Inputs, Diversely-Held},
thicket_def_extract={...this story about the potential danger of patents in a field where innovation is sequential and complementary (where one builds on another, and the second complements the value of the first) gets additional support from an ingenious argument that Michigan law professor Michael Heller initially made and that economist James Buchanan has now followed up on.115 Heller introduces the concept of an “anticommons.” If a commons is a resource where everyone has a right to use the resource (and therefore sometimes overuse the resource), an anticommons is a resource where many have the right to block the use of a resource by others (and therefore many more underuse the resource)... Nobel Prize–winning economist James Buchanan has expanded this idea to the problem of regulation generally.116 He points to the problem of patents in particular as an example where multiple and overlapping patent protection may create an anticommons, where innovators are afraid to innovate in a field because too many people have the right to veto the use of a particular resource or idea. This potential for strategic behavior by these many rights holders makes it irrational for an innovator to develop a particular idea, just as the possibility of veto by many bureaucrats may leave a particular piece of real property underdeveloped.},
tags={},
filename={Lessig (2001) - The Future Of Ideas.pdf}
}
Likewise, Kiley (1992)'s article in Science appears to coin the term 'thicket'. It too doesn't merit a write-up:
@article{kiley1992patents,
title={Patents on random complementary DNA fragments?},
author={Kiley, Thomas D},
journal={Science},
volume={257},
number={5072},
pages={915--918},
year={1992},
publisher={American Association for the Advancement of Science},
abstract={The proposal by the National Institutes of Health (NIH) to patent products resulting merely from sequencing the human genome is a mistake: at worst, it is wrong in patent law; at best, it relies on deficiencies in law concerning what is "useful" as a requirement for patents. The proposal is symptomatic of a problem besieging biotechnology-attempts to control the raw material of scientific experimentation before research has determined the practical value of such material-that needs curing on many fronts. Corrective measures are proposed for adoption by the Executive branch, the Congress, and the courts.},
discipline={Law},
research_type={Discussion},
industry={Genetics},
thicket_stance={Pro},
thicket_stance_extract={Because every step along the way draws another patent application, the path towardp ublicp ossessiono f realb enefit is increasinglyo bscuredb y dense thicketso f intersecting, overlapping, and cross-blocking patents.},
thicket_def={#B, #C1, Dubious Patents, Overlapping Patents, Cummulative Invention, Unspecified Blocking Mechanism},
thicket_def_extract={Today, patents are avidly pursued all along the lengthy road from the most basic science throught o the marketplacef or pharmaceuticals. Because every step along the way draws another patent application, the path towardp ublicp ossessiono f realb enefit is increasinglyo bscuredb y dense thicketso f intersecting, overlapping, and cross-blocking patents. Those operating at the beginnings of the road are most insistent on their right to nail down leverage that will remain formidabled espitem arketplacer ejectiono f the uses to which they say their inventions may be put. The frank aim of these early stagew orkersis to control ultimatea pplications discovered by others. The system is abused if those who would benefit in this way from the later labors of others can posit patents on the most strained utilities imaginable. Typical is the suggestion by NIH that organ differentiation( 18) is sufficient utility for a patent reaching to dominate the later discovery by others of a life-saving application for a cDNA!},
tags={First Thicket!},
filename={Kiley (1992) - Patents On Random Complementary Dna Fragments.pdf}
}
==Missing Papers==
@techreport{clarkson2003sharper,
title={Sharper Machetes for the Patent Thicket: Objective Criteria for Evaluating Patent Pools in the Shadow of Antitrust Enforcement},
author={Clarkson, G},
year={2003},
institution={HBS Working Paper}
}
@article{eisenberg2001bargaining,
title={Bargaining over the transfer of proprietary research tools: is this market failing or emerging},
author={Eisenberg, Rebecca S},
journal={Expanding the boundaries of intellectual property: innovation policy for the knowledge society},
volume={226},
year={2001},
publisher={New York: Oxford University Press: pp. 226ff}
}
@techreport{noel2006patent,
title={Patent thickets and software innovation: Theory and evidence from a panel of US firms},
author={Noel, Michael and Schankerman, Mark},
year={2006},
institution={CEPR Working Paper}
}
@article{ziedonis2003patent,
title={Patent litigation in the US semiconductor industry},
author={Ziedonis, Rosemarie},
volume={138},
year={2003},
publisher={Washington, DC: The National Academies Press}
}
