Competition, Patents and Innovation II

257 Pages Posted: 28 Apr 2010

See all articles by Jeremy K. West

Jeremy K. West

Organisation for Economic Co-Operation and Development (OECD), Directorate for Science, Technology and Innovation

Date Written: April 26, 2010

Abstract

In June 2009, the OECD Competition Committee continued a discussion on innovation that began in 2006. This roundtable revisited the ways in which competition and patents can influence innovative activity. It also explored the uncertainty created by pending patents and how that uncertainty can be used for strategic purposes, some of which may be harmful to competition and innovation. These latter include tactics such as ambushing standard setting organizations, patent flooding, and patent trolling.

This document includes an executive summary and the documents from the roundtable meeting: an analytical note by Jeremy West for the OECD, written submissions from Canada, Chile, Germany, Japan, Korea, Switzerland, the United Kingdom, the United States, Chinese Taipei, the European Commission and BIAC, as well as a summary of the discussion.

Keywords: competition, patents ,intellectual property, IPR, pending patents, innovation, standard setting, SSO, ambush, continuations, flooding, patent trolls

JEL Classification: K21, L4, O3

Suggested Citation

West, Jeremy K., Competition, Patents and Innovation II (April 26, 2010). Available at SSRN: https://ssrn.com/abstract=1595974 or http://dx.doi.org/10.2139/ssrn.1595974

Jeremy K. West (Contact Author)

Organisation for Economic Co-Operation and Development (OECD), Directorate for Science, Technology and Innovation ( email )

2 rue Andre Pascal
Paris Cedex 16, 75775
France

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