Avoiding the 'Anticommons': A Mixed Liability and Property Rule Approach to Prevent Underuse of Patented Resources in R&D Involving Microbiological Materials

Abstract

"As microbiological materials increasingly provide input into research and development of commercial applications, new IP issues are raised. One such issue is the risk of underuse of inventive resources due to high transaction costs. This risk is particularly strong when, physical biological materials serve as research input and commercialization is imminent. Transaction costs may be caused by dynamics such as patent thickets, obligations associated with the biological materials used as research input and the race among developers for technological exclusivity. If transaction costs are disproportionately high compared to the prospective gain, developers lack incentive to place products on the market."