Patentability, Industry Structure, and Innovation
构建了一个产业结构内生的序贯创新模型,发现可专利性标准(如非显而易见性)与创新率呈倒U型关系,且最优标准在创新快的行业更严格,对专利政策有重要启示。
This paper presents a model of sequential innovation in which industry structure is endogenous and a standard of patentability determines the proportion of all inventions that qualify for protection (in U.S. patent law, this standard is called nonobviousness ; in Europe, it is called the inventive step ). The rate of innovation initially rises as this standard is raised from very low levels, but eventually falls as the standard is raised to very high levels. Hence, there is a unique patentability standard that maximizes the rate of innovation. Surprisingly, this critical standard is more stringent for industries disposed to innovate rapidly. The model suggests a number of important implications for patent policy.