Abstract

http://ssrn.com/abstract=2565292
 


 



Do Patent Licensing Demands Mean Innovation?


Robin Feldman


University of California Hastings College of the Law

Mark A. Lemley


Stanford Law School

February 15, 2015

Iowa Law Review, Vol. 101, 2015
Stanford Law and Economics Olin Working Paper No. 473
Stanford Public Law Working Paper No. 2565292
UC Hastings Research Paper No. 135

Abstract:     
A commonly offered justification for patent trolls or non-practicing entities (NPEs) is that they serve as a middleman, facilitating innovation and bringing new technology from inventors to those who can implement it. We survey those involved in patent licensing to see how often patent license demands actually led to innovation or technology transfer. We find that very few patent license demands actually lead to new innovation; most simply involve payment for the freedom to keep doing what the licensee was already doing. Surprisingly, this is true not only of NPE licenses but even of licenses from product-producing companies and universities. Our results cast significant doubt on one common justification for patent trolls.

Number of Pages in PDF File: 53

Keywords: patent, patents, troll, trolls, trolling, innovation, empirical, intellectual property


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Date posted: February 16, 2015 ; Last revised: November 13, 2015

Suggested Citation

Feldman, Robin and Lemley, Mark A., Do Patent Licensing Demands Mean Innovation? (February 15, 2015). Iowa Law Review, Vol. 101, 2015; Stanford Law and Economics Olin Working Paper No. 473; Stanford Public Law Working Paper No. 2565292; UC Hastings Research Paper No. 135. Available at SSRN: http://ssrn.com/abstract=2565292

Contact Information

Robin Feldman (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States

Mark A. Lemley
Stanford Law School ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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