The Role of Patents in Fostering Open Innovation

摘要: Open Innovation is a contemporary management theory that suggests companies can improve the performance of their research and development by augmenting internal efforts with in-licensing intellectual property from other firms. It holds promise small innovative will collaborate established producers to produce radical innovations. This article examines use patents foster these relationships. The first motivations both innovator producer, and, using rubric recombinant innovation, identifies situations when such collaborations would be beneficial. Next, legal institutional mechanisms exchange necessitated situations. suitability current patent doctrine for providing necessary incentives parties. Finally, concludes regime inadequate fully develop relationships discusses implications policy, as well private measures taken industry implement this theory. © 2006 Virginia Journal Law & Technology Association, at http://www.vjolt.net. Use paragraph numbers pinpoint citations. † J.D., Harvard School, 2005, B.S., Mechanical Engineering, Cornell University, 2000. author reached comment john.dubiansky@post.harvard.edu.