Intellectual Property Enforcement in Smaller UK Firms

Greenhalgh, Christine; Phillips, Jeremy; Pitkethly, Robert; Rogers, Mark; Tomalin, Joshua

doi:10.2139/ssrn.2707175

Cited by 9 publications

(5 citation statements)

References 18 publications

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“…When a letter was sent, the alleged infringement ceased about 40% of the time, which is in the ballpark of the figure obtained from a small sample in the survey by Greenhalgh et al . (). Weatherall and Webster confirmed what is known anecdotally – that a great deal of copying and enforcement activity occurs outside the court system.…”

Section: Evidence On Enforcementmentioning

confidence: 97%

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Patent Enforcement: A Review of the Literature

Weatherall

Webster

2013

Journal of Economic Surveys

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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 analysing 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% of patents incur litigation. New strategic uses of the enforcement system, especially by nonpracticing entities, are 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.

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Section: Evidence On Enforcementmentioning

confidence: 97%

“…Although there is some anecdotal research focusing on particular case studies for alternative dispute resolution in IP (Wellington, ), the only survey documenting the use of alternative dispute resolution is by Greenhalgh et al . (, ch. 4).…”

Section: Evidence On Enforcementmentioning

confidence: 99%

Patent Enforcement: A Review of the Literature

Weatherall

Webster

2013

Journal of Economic Surveys

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“…• Litigation: Litigation is often the end point of a patent dispute. It is wellknown that only a tiny fraction of patent disputes ends in court (Greenhalgh et al, 2010) as court cases engender often very substantial legal expenses and expose a business to enormous uncertainty. Despite this, there has been a recent strong increase in patent litigation specifically on information and communication technologies.…”

Section: What Explains Technology Choices?mentioning

confidence: 99%

Looking for Trouble? Technological Change and the Growing Importance of Patents for Telecom Operators

2014

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“…A very small survey undertaken for the UK Strategy Advisory Board for Intellectual Property Policy (SABIP) asked firms involved in patent disputes about legal costs and management time taken in disputes. The survey was supplemented by in-depth interviews which show that the management time issue had a major negative effect on many businesses (Greenhalgh et al 2010). 24 Lockwood v. Doric [2007] HCA 21.…”

Section: What Are the Costs? Case Law Concerning Trivial Inventionsmentioning

confidence: 99%

Fabricating Invention: The Patent Malfunction of Australian Patent Law

Moir¹

2013

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Despite advice to parliament that patents are granted only for 'a significant advance over what was known and what was available to the public' 2 the evidence shows this is not the standard used. The actual standard is a scintilla-a marginal difference from what is known. The consequence of such a low standard is that thousands of patents are granted for things that contribute no public benefit. Such trivial patents can impede genuinely inventive companies. *** 'The production of the knowledge of how to do in a somewhat different way what we have already learned to do in a satisfactory way would hardly be given highest priority in a rational allocation of resources.' (Machlup 1958: 51) *** The reform process In 2009 the Australian government-through IP Australia-began a process to reform the standard patent system. This covered a range of issues but the focus of this article is the reform of the 'inventiveness standard'. IP Australia commented that there were 'a number of areas in which Australia's requirements for inventive step are set at a lower level than those of other jurisdictions' (IP Australia 2009a: 9). 3 Particular concerns were 'allowable existing knowledge' and the 'test for inventiveness', as each can lead to the grant of patents for trivial inventions.

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Intellectual Property Enforcement in Smaller UK Firms

Cited by 9 publications

References 18 publications

Patent Enforcement: A Review of the Literature

Patent Enforcement: A Review of the Literature

Looking for Trouble? Technological Change and the Growing Importance of Patents for Telecom Operators

Fabricating Invention: The Patent Malfunction of Australian Patent Law

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