Can Patents Deter Innovation? The. Anticommons in Biomedical Research The tragedy of the anticommons is the underuse of a scare resource because the. Can patents deter innovation?: An empirical analysis of the anti-commons effect in the academic biomedical research in Milan Paperback – January 16, Heller and Eisenberg are reacting, in large part, to the growth of patenting within in biomedical science (see Murray () for more detail on.

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In that sense, Murray and Stern’s article econometric article testing the hypothesis is a somewhat rough match for the theory offered. Their core argument is that the anticommons emerges when the rights necessary to practice research are split up among a large number, and a large variety, of different researchers.

Eisenberg Can patents deter innovation?

Can patents deter innovation? The anticommons in biomedical research.

New Recent Changes Featured Summaries. In fact, it’s argument is carefully crouched in terms of the problems of patents in aggregate. Published in Science inHeller and Eisenberg frame their argument explicitly in terms of Hardin’s classic piece of The tragedy of the commons and applied to biomedical research although anticommkns has been used and cited as relevant more broadly.


This essentially introduces a set of complex collective action problems beyond those introduced by patent tne which they suggest may create an important barrier to scientific progress.

Content is available under Creative Commons Attribution 3. The anticommons in biomedical research. That said, the article seems to be somewhat missued by a number of “downstream” academics citing it.

Can patents deter innovation? The anticommons in biomedical research – AcaWiki

Heller and Eisenberg are reacting, in large part, to the growth of patenting within in biomedical science see Murray for more detail on case study of this in the area of mouse-research. They argue that just as reeearch much open access to an expendable public resource can create a tragedy of the commons, too much innovstion — especially an intellectual domain — can create thickets that limit the progress of science more broadly.

Views Read View form View source View history. They argue that, “privatization can solve one tragedy but cause another.

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They explain quite clearly that, “the tragedy of the anticommons refers to the more complex obstacles that arise when a user needs access to multiple patented inputs to create a single useful output.


The article was also tested by Walsh et al.

Can patents deter innovation? The anticommons in biomedical research.

The metaphor of the anticommons has become a frequently cited in the areas of open innovation, arguments in favor of open science, and critiques of the patent system more generally. They end by describing why different types of organizations i. They use examples of patents on concurrent fragments which they suggest may be creating thickets and reach-through licensing agreements to make this point. Theoretical and practical relevance: Retrieved from ” https: Heller and Eisenberg’s article has been cited more than 1, times in the last 12 years and has become a major article in the literature critical of patents in science.

The article is often treated as argument against particular patents.