Erika Ellyne: “Patent scope Revisited: A Market Design Perspective”

Research Seminar – Wednesday 27 July, 16.00 – Room EB 204 

Patent Scope has been and continues to be the battle ground of economic policy in patent protection. Differing views on how patent scope should be tailored reflect underlying assumptions on how markets are and should be structured and organised for innovation. There are a plethora of perspectives on the matter: from Kitch to Burk & Lemley to Boldrine & Levine, on a spectrum from strong, broad property rights, through liability rights to none at all.

This research revisits patent scope in light of market design principles, based on Alvin Roth’s work on designing markets. In a number of articles and now a book, Roth sets out three functions that markets have to fulfil to function effectively; they should create thickness, manage congestion and ensure safety.

Based on US and European patent law doctrines, this research examines to extent to which patent protection does or does not respond to these tasks, to draw conclusions on patent scope calibration, identify new policy levers and formulate (humble) comments on institutional efficacy.

Erika Ellyne is Visiting Research Fellow at CIPPM