Abstract

Patent thickets exist and given the current developments, they continue to persist. Patent thickets enable blocking patent right holders to hold-up other firms, and thereby they could be anticompetitive. To address the issue of patent thickets, competition authorities would benefit from having a tool by which they could detect patent thickets empirically. In reviewing the theoretical and empirical literature on patent thickets, this paper extracts methods from detecting patent thickets and distinguishing anti-competitive behavior when patents become blocking.

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