David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Freedom to operate (FTO) is a central precondition for appropriating profits from own-used inventions. One way to secure FTO is defensive publishing, that is, the publication of inventions with the purpose of creating prior art. Prior research has shown that firms use also the patent system for defensive publishing, but a quantitative analysis of this practice is lacking. We address this gap by identifying defensive publications among applications at the German patent office. Based on an analysis of all direct first filings between 1986 and 2000, we find that more than 5% of them could turn out to have defensive publishing as their sole purpose. This finding gives an indication that, for all other applications, the share of their value attributable to creating FTO might be considerable. We further find that 20% of all applications are left pending for the maximum of seven years before examination is requested or the application is deemed to be withdrawn, revealing the value of even a pending application.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Sivaramjani Thambisetty & Kartik Kumaramangalam, Peer-Review and Patents: Why the Goose That Lays the Golden Egg is a Red Herring.
R. Stephen Crespi (2005). Ethico-Legal Issues in Biomedicine Patenting: A Patent Professional Viewpoint. Science and Engineering Ethics 11 (1):117-136.
Jacek Spławiński (2005). Patents and Ethics: Is It Possible to Be Balanced? Science and Engineering Ethics 11 (1):71-74.
Added to index2009-01-28
Total downloads2 ( #347,663 of 1,100,686 )
Recent downloads (6 months)0
How can I increase my downloads?