In this chapter, which reviews some of the most recent literature about patents, we depart from
the “second-best” approach that views patents as instruments solely dedicated to exclusion and to
restoring appropriation. We instead present a vision of patents as structuring elements of open
innovation; this is to say as instruments which help coordination between actors of the innovation
process. This also leads us to focus on the problems that patents may induce for open innovation
such as anti-commons, trolling (hold-up) or high transaction costs in sequential innovation. We
conclude by discussing how to transform patent laws in a way that could limit these problems and
thus make patents supportative of open innovation.
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