Non-obviousness and Screening

Author: Aghion, Allison, Anton, Boadway, Cohen, Cotropia, De Meza, Denicolo, Denicol√≤, Durie, Gilbert, Graham, Green, Heller, Hopenhayn, Hunt, Kitch, Kortum, Lemley, Loury, Martin, Meurer, Mojibi, Méni√®re, Nock, O'Donoghue, Rothschild, Schuett, Scotchmer, Shapiro, Takalo, Thomas, Tykvová, Van Dijk, Witherspoon
Publisher: Wiley

ABOUT BOOK

The paper offers a novel justification for the non-obviousness patentability requirement. An innovation involves two stages: research results in a technology blueprint, which development transforms into a profitable activity. An innovator, who is either efficient or inefficient, must rely on outside finance for the development. Only patented technologies are developed. Strengthening the non-obviousness requirement alleviates adverse selection by discouraging inefficient innovators from doing research, but creates inefficiencies by excluding marginal innovations. We show that it is socially optimal to raise the non-obviousness requirement so as to exclude bad innovators; we also provide several robustness checks and discuss the policy implications

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