Optimal Patents with Compulsory Licensing
研究强制许可作为解决专利垄断问题的政策,提出最优专利概念,即同时最优确定专利期限和许可费率。在简化假设下,最优专利期限无限长,且强制许可可能显著提升社会福利。
This paper examines the use of compulsory lincensing as a policy to combat the monopoly problem associated with the patent system. It introduces the notion of an optimal patent--one where the patent life and the licensing royalty rate are both determined optimally. Under certain simplifying assumptions it is shown that the optimal patent will have an indefinite life, for both process and product innovations. Some preliminary calculations suggest that the use of compulsory licensing may lead to substantial welfare improvements, even if the patent life is left unchanged at 17 years.