Patent Pools, Competition Law and Biotechnology

Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

Devdatta Malshe is an independently practicing attorney and was editor of Industrial Property Law Reporter (2002-2008), based in Mumbai, India.

Contents - Introduction: The Value of Patents and the Evolution of Licensing Patents and Their Value Cross Licensing Revenue Neutral License Cross Licensing and the Migration towards Patent Pooling - The History and Evolution of Patent Pools Patent Pools The Development of Standard-Setting Pools Standard-Setting Pools - Biotechnology and Patent Pooling: Antitrust issues in the US The Tying of Antitrust with Patents Standard Oil Hartford-Empire Nine No-Nos (post Standard Oil and Hartford-Empire) The Guidelines of 1995 The Modern Approach and General Principles of Antitrust Analysis Tying - Patent Pools and Competition Law: The EU Approach General Approach Technology Pools The Composition of the Pool European Union Regulations The Assessment of Pools - Essential Facilities, Tying Arrangements, and Open-Source Structure The Concept of Essential Facilities The EU Approach to Essential Facilities The US Approach to Essential Facilities Tying Arrangements Open-Source Arrangement - Biotechnology and Patent Pooling: A Way Forward Pooling and Biotechnology The Application of Pooling Information Pools (Upstream Pools) Technology Pools (Downstream Pools) - The Structure of Pools Introduction Rationale in Pooling The Distinction between Standard-Setting and Non-Standard-Setting Pools The Structure of the "Proposed" POOL (Twin Whorl Arrangement)Licensing Provisions Summary - Conclusion Summary