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Do Patents Stimulate Innovation?

Harold C. Wegner  

After a hiatus of three months since her response to Dr. Noonan’s criticism of the Commerce Department White Paper which she authored together with her Chief Economist (and the Commerce Department Chief Economist), the Chief Economist’s three coauthors of his “Berkeley Study” have brought Administrator Rai back center stage into controversy.

The Chief Economist is the lead author of the Berkeley Study, more formally Stuart J.H. Graham, Robert P. Merges, Pam Samuelson & Ted Sichelman, High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey, 24 Berkeley Technology Law Journal 1255 (2010)). His three coauthors have now provided a three part series in Patently O: Some intriguing questions are raised by these articles.

The attached compendium (pdf) provides the reader with the key quotes and articles from the Rai-Noonan debates as well as the full text of the underlying Berkeley Study, so readers can judge for themselves.

The True Value of the Berkeley Study: It is less important that the Berkeley Study squarely refutes elements of the Commerce Department White Paper than for the positive value of the wealth of data that demonstrates clear pathways for patent reform – ways that find no home within the current plans of the Administration nor within the S.515 “Manager’s Amendment.”

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