The problem of patent thickets in convergent technologies.
Patent thickets are unintentionally dense webs of overlapping intellectual property rights owned by different companies that can retard progress. This article begins with a review of existing research on patent thickets, focusing in particular on the problem of patent thickets in nanotechnology, or nanothickets. After presenting visual evidence of the presence of nanothickets using a network analytic technique, it discusses potential organizational responses to patent thickets. It then reviews the existing research on patent pools and discusses pool formation in the shadow of antitrust enforcement. Based on recent research on patent pool formation, it examines the divergent fate of two recent pools and discusses the prospects for the future formation of nanotechnology patent pools, or nanopools.
Clarkson
Gavin
G
University of Michigan, School of Information, School of Law, Native American Studies, 304 West Hall, 1085 S. University Ave., Ann Arbor, MI 48109-1107, USA. gsmc@umich.edu
DeKorte
David
D
D033183:Interdisciplinary Communication; D036103:Nanotechnology / Q000191:economics / Q000331:legislation & jurisprudence / Q000639:trends*; D010330:Patents as Topic / Q000331:legislation & jurisprudence; D014481:United States