Patent Expertise and the Regress of Useful Arts
Tomlinson, Bill Torrance, Andrew W.
Tomlinson, Bill
Torrance, Andrew W.
Citations
Altmetric:
Abstract
Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (the "Patent Game"), this study compares empirical data on rates of innovation, productivity, and social utility generated by groups of expert users deliberately selected to possess formal expertise in patent law and open innovation. The results show no statistically significant difference (at a p-level of 5%) in rates of innovation among a pure patent system, a patent/open source system, and a commons system. By contrast, the results do show statistically significant differences in rates of productivity and social utility among all three systems, with both productivity and social utility lowest in a pure patent system, higher in a patent/open source system, and highest in a pure commons system. These results are inconsistent with the orthodox assumption that patent systems generate more “Progress of...useful Arts” than do more open models of innovation, such as patent/open source or pure commons systems, but are consistent with some of the predictions and observations from the field of use and open innovation.
Description
Full-text available at SSRN. See link in this record.
Date
2009
Journal Title
Journal ISSN
Volume Title
Publisher
Southern Illinois University School of Law
Research Projects
Organizational Units
Journal Issue
Keywords
Patent, Innovation, Open innovation, Commons, Open source, Patent law, Game, Simulation, Patent system, Productivity, Social utility, Expertise, User innovation
Citation
Bill Tomlinson & Andrew W. Torrance, Patent Expertise and the Regress of Useful Arts, 33 S. ILL. U. L. J. 239 (2009).