Picket Patents: Non-Working as an IP Abuse
Feroz Ali, Picket Patents: Non-working as an IP Abuse, 12 Indian J. Law Technol. 1 (2016)
25 Pages Posted: 15 Feb 2016 Last revised: 15 Mar 2017
Date Written: February 15, 2016
Patents picket when the patent holder practices the patent in certain jurisdictions but refuses to work the patent in others. The concept of patent picketing developed with the shift in the representation of the working an invention physically to the art of effectively describing the inventions in patent applications literally. Patent holders picket with their patents and demand a higher price, thereby not only preventing others from using their invention but also ensuring that the product is not made available in all markets. Such behavior can be regarded as an intellectual property (IP) abuse when non-working of patent leads to deprivation of a patent locally. The issuance of a market-initiated compulsory license may solve the problems linked with IP abuse.
Keywords: picket, non-working of patents, non-practising entity, harmonization, compulsory licence, local working, importation, patent misuse, Morton Salt case, compulsory working, economic efficiency, rule of reason, Nexavar licence, price differentiation
JEL Classification: O31, O34
Suggested Citation: Suggested Citation