Patent Licensing, Technology Transfer, and Innovation
探讨非实施实体(NPE)的专利许可行为是否促进创新,发现其事后许可要求通常不涉及技术转移或产品创造,因此不能以商业化理论为其诉讼或许可要求辩护。
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 without01/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.