ABSTRACT
This paper deals with the theoretical status of patents, taking the neo-shumpeterian approach as a reference. Different characteristics of patents are analysed: i) informational contents; ii) appropriability of innovation returns; iii) the complex trade-off between the incentives for innovation or diffusion; iv) patent scope and its impact on second generation innovations; v) barrier to entry. This analysis leads to an evaluation of patent laws as different mix of these characteristics. Finally, the specificities of patent laws adapted to less-developed countries are discussed.
KEYWORDS:
Neo-Schumpeterian analysis; innovation; patents; national innovation system