Patent Licensing, Technology Transfer, and Innovation

Mark A. Lemley and Robin Feldman

American Economic Review, 2016, vol. 106, issue 5, 188-92

Abstract: Traditional justifications for patents are based on direct or indirect contribution to product creation. Non-practicing entities (NPEs) might provide such innovation, either directly, through working the patent or transfer of technology to others who do, or indirectly, when others copy. Available evidence suggests, however, that ex post licensing demands from NPEs do not normally involve these activities. Some have argued that patents are valuable without technology transfer because the ability to exclude may drive commercialization that would not otherwise occur. We demonstrate that even if commercialization theories sometimes justify patent protection, they cannot justify most NPE lawsuits or licensing demands.

JEL-codes: L24 O31 O33 O34 (search for similar items in EconPapers)
Date: 2016
Note: DOI: 10.1257/aer.p20161092
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