Patent Pools, Competition Law and Biotechnology  book cover
1st Edition

Patent Pools, Competition Law and Biotechnology

ISBN 9780367607036
Published June 30, 2020 by Routledge
110 Pages

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Book Description

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.

Table of Contents


  1. Introduction: The Value of Patents and the Evolution of Licensing

  2. Patents and Their Value

    Cross Licensing

    Revenue Neutral License

    Cross Licensing and the Migration towards Patent Pooling

  3. The History and Evolution of Patent Pools

  4. Patent Pools

    The Development of Standard-Setting Pools
    Standard-Setting Pools

  5. Biotechnology and Patent Pooling: Antitrust issues in the US

  6. The Tying of Antitrust with Patents

    Standard Oil


    Nine No-Nos (post Standard Oil and Hartford-Empire)

    The Guidelines of 1995

    The Modern Approach and General Principles of Antitrust Analysis



  7. Patent Pools and Competition Law: The EU Approach

  8. General Approach

    Technology Pools

    The Composition of the Pool

    European Union Regulations

    The Assessment of Pools

  9. Essential Facilities, Tying Arrangements, and Open-Source Structure

  10. The Concept of Essential Facilities

    The EU Approach to Essential Facilities

    The US Approach to Essential Facilities

    Tying Arrangements

    Open-Source Arrangement

  11. Biotechnology and Patent Pooling: A Way Forward

  12. Pooling and Biotechnology
    The Application of Pooling
    Information Pools (Upstream Pools)
    Technology Pools (Downstream Pools)

  13. The Structure of Pools

  14. 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


  15. Conclusion


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