Patent Enforcement: A Review of the Literature

60 Pages Posted: 25 Jun 2013

See all articles by Kimberlee G. Weatherall

Kimberlee G. Weatherall

The University of Sydney Law School

Elizabeth Webster

Swinburne University of Technology; University of Melbourne - Melbourne Institute of Applied Economic and Social Research

Multiple version iconThere are 2 versions of this paper

Date Written: June 24, 2013

Abstract

Without the confidence that patent rights can be enforced quickly and efficiently, when needed, the patent system will not stimulate innovation. For this reason, governments, academics, international institutions and the private sector have poured significant resources into gathering and analyzing statistics on patent enforcement over the last two decades. This paper reviews these studies and finds that while infringement is relatively common, much enforcement occurs informally and less than 1-2 percent of patents incur litigation. New strategic uses of the enforcement system, especially by non-practicing entities, is the major emerging enforcement issue, especially in the United States. While the old problem of litigation costs attracts the lion’s share of empirical attention, it has produced remarkably few solutions to date.

Keywords: patent enforcement, patent litigation, innovation, patent infringement, intellectual property

JEL Classification: K41, K42, L53, O34

Suggested Citation

Weatherall, Kimberlee Gai and Webster, Elizabeth M., Patent Enforcement: A Review of the Literature (June 24, 2013). Available at SSRN: https://ssrn.com/abstract=2284519 or http://dx.doi.org/10.2139/ssrn.2284519

Kimberlee Gai Weatherall

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Elizabeth M. Webster (Contact Author)

Swinburne University of Technology ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

University of Melbourne - Melbourne Institute of Applied Economic and Social Research ( email )

Level 5, FBE Building, 111 Barry Street
Parkville, Victoria 3010
Australia

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