Patent Law and Theory
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Patent Law and Theory

A Handbook of Contemporary Research

Edited by Toshiko Takenaka

This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.
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Chapter 2: Patents and Policies for Innovations and Entrepreneurship

Ove Granstrand


1 Ove Granstrand 1 Introduction While few observers nowadays question the emergence of an ever more knowledge-based economy, the expression ‘the new economy’ can be questioned. What is ‘new’ is the fact that the economy has come to be dominated by intellectual capital in different forms (human, relational, intellectual property (IP) etc.) – together defined as non-physical, non-financial capital, which is related mainly to long-run accumulation of valuable knowledge – technical knowledge (i.e. technology) in particular (e.g. information and communication technologies), knowledge which is embedded in innovations launched by entrepreneurs, especially corporate entrepreneurs. At the same time, traditional capitalistic institutions have not only survived but become strengthened and globalized after the downfall of the Soviet empire. Intellectual property (IP) and legal rights to it (‘IPRs’) have consequently become much more important, and a new IP regime, including a ‘pro-patent era’, has developed since the 1980s, originating in the US. Its effects are pervasive at various levels, not least internationally. Countries and companies arm themselves with strengthened IP rights as competitive means, at present with the USA and Japan in the lead. Patent and IP issues, once obscure secondary questions for specialists, have thereby become strategic and risen to high levels of political and industrial management. On the other hand, there are difficulties in integrating these issues with other economic policies and company strategies – although these difficulties appear by and large to be temporary. A trend toward a more aggressive patenting policy can be expected in countries such as China, Taiwan and Korea,...

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