Patent-collaboration: Licensing, patent pools, patents commons, open source and communities of innovation

Abstract

Patent pools and other models of patent collaboration are a growing feature of the patent landscape internationally. Patent collaboration can be a means of overcoming patent thicket problems, avoiding costly patent infringement litigation, reducing transaction costs and promoting efficiency and innovation. Patent co-operation is also used, commonly as a result of some form of regulatory intervention, where there are urgent issues of strong public concern. Access to medicines and climate change are examples. However, patent collaboration can raise competition law issues. This article reviews the models for collaboration internationally, considers specific examples and considers the application of competition law and possible competition law barriers to collaboration in the New Zealand context. It argues that patent collaboration can now be used as a possible approach to promoting innovation in appropriate industries in New Zealand.