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Books > Business & Economics > Business & management > Ownership & organization of enterprises
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The Decision to Patent (Hardcover, 2010 ed.)
Loot Price: R2,971
Discovery Miles 29 710
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The Decision to Patent (Hardcover, 2010 ed.)
Series: Contributions to Economics
Expected to ship within 10 - 15 working days
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Firms do not patent every invention. In many cases they rather rely
on trade
secrecyorothernon-legalmeanstoprotecttheirintellectualproperty, i.
e. the returns on their investments in research and development
(R&D). A patent confers to its ownerthe exclusiverights to
prevent third parties frommaking, using, o?ering for sale, selling,
or importing for these purposes the patent protected product (Art.
28, Agreement on Trade-Related Aspects of Int- lectual Property
Rights (TRIPs)). In exchange for the temporary monopoly which is
securedby this protection, the patentee has todisclose the
invention in a manner su?ciently clear and complete for it to be
carried out by a p- son skilled in the art (Art. 83, European
Patent Convention (EPC)). Thus every patent has the drawbackof a
possible loss of a technologicalleadership caused by the mandatory
disclosure of formerly proprietary knowledge. The patentee has to
fear that this transfer of enabling knowledge included in the
patent description may bene't his rivals by facilitating their
rapid catch-up. The relevance and actual enforcement of the
disclosurerequirement is und- lined by the European Commission's
Green Paper on Innovation (European Commission (1996)). In the
so-called Route of Action 8 on the promotion of intellectual and
industrial property it is stated that a desirable action should be
the"promotion of patent information services as a method of
technology watch based, in particular, on the information system
set up by the European Patent O?ce"(European Commission (1996), p.
42).
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