Patent litigation is a complex issue combining approaches to the enforcement of intellectual property with economic strategy. It is a cornerstone of safeguarding innovations, but it comes at a steep cost and risk and impacts market conduct and technological growth. Emerging tools, like artificial intelligence and worldwide regulatory alignment efforts, are reshaping the litigation landscape with risk assessment, asset valuation, and case management tools while also posing new ethical questions and access challenges. Key challenges include confronting practicing entities, variations between jurisdictions, and the chilling effect litigation has on small businesses.

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Patent Litigation: An Economic Assessment

  • Roberto Moro-Visconti

摘要

Patent litigation is a complex issue combining approaches to the enforcement of intellectual property with economic strategy. It is a cornerstone of safeguarding innovations, but it comes at a steep cost and risk and impacts market conduct and technological growth. Emerging tools, like artificial intelligence and worldwide regulatory alignment efforts, are reshaping the litigation landscape with risk assessment, asset valuation, and case management tools while also posing new ethical questions and access challenges. Key challenges include confronting practicing entities, variations between jurisdictions, and the chilling effect litigation has on small businesses.