PTLR Codification
The Patent Thicket Literature Review Coding Rules
This collection of terms, definitions, key words have been organized and assigned shorthand codes to identify them. See below:
Core Terms
Saturated Invention Spaces = (SIS)
As first defined by Teece: when a single firm, or a small number of firms, successfully patents an entire technological area. (p.15) Example of: imperfect competition - (IC) Look for: cluster - (CLSTR) coherent groups - (CoGs) adjacent - (Adj)
Diversely-held Complimentary Inputs = (DHCI)
1) products require complementary patented inputs; 2) these inputs are diversely-held (i.e. held by N patent-holders); and 3) patent-holders set their license prices independently. (Shapiro, pg.17) Example of: coordination - (COOR) Look for: diversely-held - (DH) complementary inputs - (CI) dispersed - (DIS) fragmented - (Frag) Cournot problem - (CP) multiple marginalization - (MM)
Overlapping Patents - (OP)
Second most common foundation of a thicket. Vertical overlap is largely adjacent. Horizontal likely due to poorly defined rights. Refinement patents and research tool patents can result in OP Example of: Imperfectly defined property rights - (IDPR)' Look for: patent overlap - (PO) overlapping claims - (OC) similar claims - (SC) simultaneous infringement - (SI)
Gaming the Patent System - (GPS)
Patent applicants partake in inappropriate action - such as applying for obvious or non-novel patents. Puts undue burden on the patent office and crates neg. externalities, such as imposing additional costs on genuine inventors. Example of: Moral Hazard - (MH) Look for: spurious patents - (SP) dubious bad likely invalid junk impeding genuine innovators rent-seeking bad faith
Modern Terms
Transaction Costs - (TC)
All fees associated with patenting: applications, prosecution costs, renewal maintenance. Should de-incentivize low value patents, but may also de-incentivize invention by small firms. Look for: search costs prosecution costs perverse incentive bargaining costs coordinating costs maintenance fees Leahy- Smith America Invents Act Coasian
Probabilistic Patents - (PP)
Patents are inherently probabilistic b/c they do not guarantee monopoly rights over new art. Rather patents suggest a greater likelihood to prevail in court should there be litigation. They cannot provide perfect protection from infringement or obstruct the filing of invalid patents. Look for: Bessen Lemley & Shapiro information asymmetry uncertainty invalid patents infringement
Unspecified / Extended Use - (UnEx):
Patents issued for reason/utility unknown. Also applies to patents issued for discreet, inventive steps that do not have stand-alone commercial value. Look for: Kiley ever-greening Jacob submarine patents viagra expected returns commercialization opportunities spurious patents gaming the patent system patent portfolios stand-along commercial value
