Abstract

http://ssrn.com/abstract=881842
 
 

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Patent Metrics: The Mismeasure of Innovation in the Biotech Patent Debate


David E. Adelman


University of Texas School of Law; University of Texas - School of Law, The Center for Global Energy, International Arbitration, and Environmental Law

Kathryn L. DeAnglis


Piper Marbury Rudnick & Wolfe LLP


Arizona Legal Studies Discussion Paper No. 06-10
Texas Law Review, Vol. 85, p. 1677, 2007

Abstract:     
The view that biotechnology patenting has reached unsustainable levels is well accepted among many legal scholars. This Article presents the first comprehensive empirical study of biotechnology patents. Our analysis reveals the striking rise and fall in patenting, the surprisingly diffuse pattern of patent ownership, and a consistent influx of new entrants conducting biotechnology research and development. This Article finds little evidence that the rise in biotechnology patenting is adversely affecting innovation. Counting patents, as it turns out, offers few insights on its own. One must also have a measure of the geographic scope of the scientific commons and the distribution of patents within it. These findings lead to a cautionary corollary for patent metrics generally - fundamental uncertainties associated with the statistics of innovative success cannot be overcome by sophisticated empirical methods. Ironically, the current enthusiasm for empirical work may have caused academics to reify abstract statistics over the obvious complexity of innovative processes.

Number of Pages in PDF File: 69

Keywords: biotechnology, patents, statistics, metrics

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Date posted: February 7, 2006  

Suggested Citation

Adelman, David E. and DeAnglis, Kathryn L., Patent Metrics: The Mismeasure of Innovation in the Biotech Patent Debate. Arizona Legal Studies Discussion Paper No. 06-10; Texas Law Review, Vol. 85, p. 1677, 2007. Available at SSRN: http://ssrn.com/abstract=881842

Contact Information

David E. Adelman (Contact Author)
University of Texas School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-0877 (Phone)

University of Texas - School of Law, The Center for Global Energy, International Arbitration, and Environmental Law ( email )
Austin, TX
United States

Kathryn L. DeAnglis
Piper Marbury Rudnick & Wolfe LLP
1200 Nineteenth Street NW
Washington, DC 20036
United States
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