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

Feroz Ali

Indian Institute of Technology Madras

Date Written: February 15, 2016

Abstract

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

Ali, Feroz, Picket Patents: Non-Working as an IP Abuse (February 15, 2016). Feroz Ali, Picket Patents: Non-working as an IP Abuse, 12 Indian J. Law Technol. 1 (2016) . Available at SSRN: https://ssrn.com/abstract=2732521 or http://dx.doi.org/10.2139/ssrn.2732521

Feroz Ali (Contact Author)

Indian Institute of Technology Madras ( email )

503 Department of Management Studies
Indian Institute of Technology Madras Guindy
Chennai, 600036
India
+91-44-22574577 (Phone)
+91-44-22574552 (Fax)

HOME PAGE: http://www.doms.iitm.ac.in/index.php/feroz-ali

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