1704380950

1704380951 13.Smeets, “Does Patent Litigation Reduce Corporate R&D?”

1704380952

1704380953 14.Feldman, “Patent Demands.”

1704380954

1704380955 15.Tucker, “E.ect of Patent Litigation.”

1704380956

1704380957 16.Bessen, “Generation of Software Patents.”

1704380958

1704380959 17.Graham et al., “High Technology Entrepreneurs.”

1704380960

1704380961 18.Three-quarters of the biotech start-ups responding to the Berkeley survey had patents, for example.

1704380962

1704380963 19.Graham et al., “High Technology Entrepreneurs,” p..1318.

1704380964

1704380965 20.Kravets,“Do Patents Really Matter?,” used matching software to identify firms in the TechCrunch database of start-ups that had published patent applications in the U.S.Patent O.ce database.It is possible that missed matches might cause the estimate of those with patent applications to be understated.Other studies have used surveys of venture-backed firms, but these studies suffer from possible response bias.Mann and Sager, “Patents, Venture Capital, and Software,” found that 24 percent of venture-backed software firms had patents.Graham et al., “High Technology Entrepreneurs,” found that 67 percent of venture-backed software firms had patent applications, as did 96 percent of venture-backed biotechnology firms.However, the sample of venture-backed software firms used in this study was small, possibly making the estimate unreliable and explaining why it differs from the other studies.

1704380966

1704380967 21.Venture funds appear to be mainly motivated here by “salvage value.” That is, they want their funded companies to get patents so that if the company fails, the patents might be sold o.to recoup some small portion of the venture capital investment.Some people argue, instead, that patents help a start-up “signal” its quality to potential investors.The idea is that investors lack information about which start-ups have highquality technology, and a start-up with a patent might appear to have better technology.This factor seems to have limited explanatory power, however, in software technology.It seems that the majority of start-up patents are.led for after a firm is funded.Such signaling is apparently not important for investors in public equity markets.And it appears that, to some extent, venture funds looking for patents have been something of a fad—much of the activity seems to be concentrated among some of the most riskaverse funds, such as corporate venture funds, and the percentage of start-ups obtaining patents appears to be declining in recent years (Kravets, “Do Patents Really Matter?”).The value of signaling might be greater in biotech, where obtaining a patent is more central to the prospect of commercial success.

1704380968

1704380969 22.The list of permissible elements after “comprising” might include some elements that are not recited in the patent claim, while the permissible elements listed after “consisting of” constitute all of the possible elements.

1704380970

1704380971 23.Dennis Crouch, “Small Entity Status,” Patently-O(blog), February 12, 2013, http://www.patentlyo.com/patent/2013/02/smallentitystatus.html.

1704380972

1704380973 24.Risch, “Patent Troll Myths.”

1704380974

1704380975 25.Bessen and Meurer, “Direct Costs.”

1704380976

1704380977 26.Love, “Empirical Study”; Allison, Lemley, and Walker, “Extreme Value”; Price-WaterhouseCoopers, “Patent Litigation Study.” Two researchers found that, nevertheless, some patents acquired by trolls had some indications of being good quality (Fischer and Henkel, “Patent Trolls on Markets for Technology”).

1704380978

1704380979 27.Bessen, “Generation of Software Patents.”

1704380980

1704380981 28.Boldrin and Levine, “Case against Patents.”

1704380982

1704380983 29.Bessen and Meurer, Patent Failure, p..191.

1704380984

1704380985 30.Miller,“Do ‘Fuzzy’ Software Patent Boundaries…?”; Miller, “Where’s the Innovation?”

1704380986

1704380987 31.Nard and Duffy, “Rethinking Patent Law’s Uniformity Principle.”

1704380988

1704380989 32.Moreover, the increase in the number of patents granted does not account for the increase in litigation.The number of lawsuits.led per patent within four years of the patent grant has tripled since the 1980s.Note also that the upward spike shown for the year 2012 is related to a change in the law.Beginning in 2012, the law made it more di.cult to sue multiple defendants in one lawsuit.Because patent trolls tend to sue multiple defendants—sometimes over 100—in a single suit, the data for the years immediately preceding 2012 understate the number of defendants.

1704380990

1704380991 33.Alice Corp.v CLS Bank International, decided June 19, 2014, no.13-298.

1704380992

1704380993 34.Magliocca, “Blackberries and Barnyards.”

1704380994

1704380995 35.Machlup and Penrose, “Patent Controversy.” This action apparently did not deter innovation in the Netherlands (see Moser, “How Do Patent Laws Influence Innovation?”).

1704380996

1704380997 第十三章　技术知识的政治经济学

1704380998

1704380999 1.OECD, “Information Technology Outlook.”

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