Book contents
- Frontmatter
- Contents
- Contributors
- Dedication
- Acknowledgments
- Introduction
- Part I Perspectives on Theories of Intellectual Property
- Part II Perspectives on the Problems of Anticommons and Patent Thickets
- 6 Engineering a Deal
- 7 Understanding the RAND Commitment
- 8 Embryonic Inventions and Embryonic Patents
- 9 Innovation and Its Discontents
- Part III Perspectives on Finance and Commercialization
- Part IV Perspectives on the University Innovation
- Part V Perspectives on International Considerations
- Index
- References
6 - Engineering a Deal
Toward a Private Ordering Solution to the Anticommons Problem
from Part II - Perspectives on the Problems of Anticommons and Patent Thickets
Published online by Cambridge University Press: 05 December 2011
- Frontmatter
- Contents
- Contributors
- Dedication
- Acknowledgments
- Introduction
- Part I Perspectives on Theories of Intellectual Property
- Part II Perspectives on the Problems of Anticommons and Patent Thickets
- 6 Engineering a Deal
- 7 Understanding the RAND Commitment
- 8 Embryonic Inventions and Embryonic Patents
- 9 Innovation and Its Discontents
- Part III Perspectives on Finance and Commercialization
- Part IV Perspectives on the University Innovation
- Part V Perspectives on International Considerations
- Index
- References
Summary
A recent explosion in the intellectual property (IP) literature focuses on a set of problems relating to an arrangement of property rights called an “anticommons.” The basic distinguishing feature of the IP anticommons is the existence of such a large number of IP rights covering a single good or service that the provision of that good or service is feared to be unduly taxed and retarded, if not outright prevented.
An often-discussed example of the anticommons problem is DNA-on-a-chip technology involving microarrays of thousands, or even tens of thousands, of individual pieces of DNA. Each piece of DNA may be covered by a different patent; and many of the patents may have different owners. It is feared that entering a business based on such a chip would require the business owner to identify, find, and then successfully transact with a staggering number of individual IP owners. Such transaction costs, combined with the risk that any one of the IP owners could hold out and compromise the entire operation, raise a number of problems for business and for the public at large. Because access to such a plethora of IP rights is required, those wanting to enter a line of business using DNA-on-a-chip technology fear that they cannot, and those seeking access to the products that such businesses would have produced are left wanting. The impact may be life threatening – preventing promising diagnoses and treatments targeted to patients having a number of specific genetic profiles.
- Type
- Chapter
- Information
- Perspectives on Commercializing Innovation , pp. 179 - 210Publisher: Cambridge University PressPrint publication year: 2011