nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2021‒03‒15
two papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Intellectual Property Infringement by Foreign Firms: Import Protection through the ITC or Court By James A. Brander; Barbara J. Spencer
  2. BERT based patent novelty search by training claims to their own description By Michael Freunek; Andr\'e Bodmer

  1. By: James A. Brander; Barbara J. Spencer
    Abstract: This paper examines intellectual property litigation as a method of protection from patent-infringing imports. Claims against patent-infringing imports entering the United States may be filed before the International Trade Commission (ITC) or in district court. The ITC applies injunctions (import prohibitions) that would seem to provide more protection from infringing imports than the standard license fee remedy in court. Settlements prior to legal adjudication are common in both venues. Using a model with Nash bargaining and Cournot competition, we show that an ITC filing may restrict imports by less than in court. This result tends to apply if product differentiation is high and the size of the patented cost-reducing innovation is large.
    JEL: C70 F12 F13 K41 O34
    Date: 2021–02
  2. By: Michael Freunek; Andr\'e Bodmer
    Abstract: In this paper we present a method to concatenate patent claims to their own description. By applying this method, BERT trains suitable descriptions for claims. Such a trained BERT (claim-to-description- BERT) could be able to identify novelty relevant descriptions for patents. In addition, we introduce a new scoring scheme, relevance scoring or novelty scoring, to process the output of BERT in a meaningful way. We tested the method on patent applications by training BERT on the first claims of patents and corresponding descriptions. BERT's output has been processed according to the relevance score and the results compared with the cited X documents in the search reports. The test showed that BERT has scored some of the cited X documents as highly relevant.
    Date: 2021–03

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