What is Appropriability?
The degree to which a firm is able to capture the rents from its innovation.
What is an innovation’s appropriability determined by?
how easily or quickly competitors can imitate the innovation, which is a function of both the nature of the technology itself and the strength of the mechanisms used to protect the innovation.
What is tacit knowledge?
Knowledge that cannot be readily codified or transferred to written form.
What is socially complex knowledge?
Knowledge that arises from the interaction of multiple individuals.
What are three common protection mechanisms?
Patents, Trademarks and Copyrights.
What is a Patent?
A property right protecting a process, machine, manufactured item (or design for manufactured item), or a variety of plants. Protects an invention; product or process.
What is a Trademark?
An indicator used to distinguish the source of a good. Protects words or symbols (logos).
What is a Copyright?
A property right protecting works of authorship. Protects an original artistic or literary work.
What is the purpose of intellectual property protection?
To provide recognition and incentive for creative work
What are the different categories of patents in the US?
- Utility patent, for a new and useful process, machine, manufactured item or combination of materials.
- Design patent, for an original and ornamental design for a manufactured item.
- Plant patent, for the discovery and asexual reproduction of a distinct and new variety of plant.
What criteria must usually be met for an invention to qualify for a patent?
- It must be useful - produce a desirable result, solve a problem, improve or propose a new use for an existing development or show potential of doing so.
- It must be novel - not already patented or described in public literature, or be in public use for more than a year.
- It must not be obvious - an experienced or skilled person in the particular art of the patent would not be expected to achieve the same invention with a normal amount of effort.
What things are typically not patentable?
- Discovery of scientific principles that pertain to natural laws (gravity)
- Substituting one material for another (plastic→metal)
- Merely changing the size of an already existing device
- Making something more portable
- Substituting an element for an equivalent element
- Altering an item’s shape
Why is patenting a serious undertaking?
To apply for a patent, the inventor must explain how to make and use the invention, and claim why it is a new invention. Drawings are also often required. The application is reviewed by a patent examiner and the patent is then published for a time in which other inventors can challenge the patent grant (for example if they think it infringes on previously granted patents). The patent is granted if the standards for patentability are met, but the entire process from filing to grant is lengthy (up to 5-6 years).
How long does a patent often last?
20 years.
What is the “working requirement” in many countries’ national patent laws?
The invention should be manufactured in the country in which the patent was granted within a certain time frame (often 3 years) after grant. Prevents inventors from patenting inventions in countries where they have no intention of setting up production.
What are two of the most significant international treaties to make simultaneous patenting in several countries easier?
- The Paris Convention for the Protection of Industrial Property (the Paris Convention Priority). Patent in any member country with same rights as citizens and right of priority (treated as same date as first).
- The Patent Cooperation Treaty. Can apply to multiple nations later without getting expense of multiple applications at the same time (asses granting and profitability).
What is patent trolling?
A pejorative term for when an individual or firm misuses patents against other individuals or firms in an attempt to extract money from them.
What is patent thickets?
A dense web of overlapping patents that can make it difficult for firms to compete or innovate. (falling prey to suits by other firms).
What can trademark rights be used for?
To prevent others from using a mark that is similar enough to be confusing, but they cannot be used to prevent others from producing or selling the same goods or services under a clearly different mark.
What are advantages of registering a trademark?
A trademark does not require registration, but:
- Provides public notice of the registrant’s claim of ownership of the mark.
- Marks must be registered before a suit can be brought in federal court against an infringement of the mark.
- Registration can be used to establish international rights over the trademark.
How long can a trademark last?
As long as the trademark is in use, but the registration requires periodic renewal.
What are the two treaties that govern the World Intellectual Property Organization’s administrative system of international registrations of marks?
- The Madrid agreement concerning the international registration of marks
- The Madrid protocol.
How are the rights of copyright established?
By legitimate use of the work
What does the owner of a copyright have exclusive right to do (or authorise other to do)?
- Reproduce the work in copies or phonorecords
- Prepare derivative works based upon the work
- Distribute copies of phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease or lending
- Perform the work publicly
- Display the copyrighted work publicly
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Chapter 2 = midterm38
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Chapter 3 = midterm25
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Chapter 9 = midterm43
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Chapter 11 = midterm33
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Chapter 12 = midterm28
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Midterm - Additional readings11
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Ch 5: timing of entry (final exam)20
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Ch 6: strategic direction (final exam)32
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Ch 8: collaboration (final exam)9
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Ch 10: organising for innovation (final exam)47
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Ch 4: platforms (final exam)36
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Final exam - additional readings19
