Patents, Invalidity, and the Strategic Transmission of Enabling Information
AbstractThe patent system encourages innovation and knowledge disclosure by providing exclusivity to inventors. Exclusivity is limited, however, because a substantial fraction of patents have some probability of being ruled invalid when challenged in court. The possibility of invalidity-and an ensuing market competition-suggests that when an innovator's capability (e.g., cost of production) is private information, there is potential value to an innovator from signaling strong capability via a disclosure that transfers technical knowledge to a competitor. We model a product-innovation setting in which a valid patent gives market exclusivity and find a unique signaling equilibrium. One might expect that as the probability that a patent will be invalid becomes low, greater disclosure will be induced. We do not find this expectation to be generally supported. Further, even where full disclosure arises in equilibrium, it is only the less capable who make full disclosures. The equilibrium analysis also highlights many of the novel and appealing features of enabling knowledge disclosure signals. Copyright (c) 2003 Massachusetts Institute of Technology.
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Volume (Year): 12 (2003)
Issue (Month): 2 (06)
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- Miller, David A., 2008.
"Invention under uncertainty and the threat of ex post entry,"
European Economic Review,
Elsevier, vol. 52(3), pages 387-412, April.
- David A. Miller, 2005. "Invention under uncertainty and the threat of ex post entry," Industrial Organization 0510001, EconWPA.
- Martimort, David & Poudou, Jean-Christophe & Sand-Zantman, Wilfried, 2009.
"Contracting for an Innovation under Bilateral Asymmetric Information,"
IDEI Working Papers
448, Institut d'Économie Industrielle (IDEI), Toulouse.
- Martimort, David & Poudou, Jean-Christophe & Sand-Zantman, Wilfried, 2009. "Contracting for an Innovation under Bilateral Asymmetric Information," TSE Working Papers 09-058, Toulouse School of Economics (TSE).
- Martimort, D. & Poudou, J.-C. & Sand-Zantman, W., 2006. "Contracting for an Innovation under Bilateral Asymmetric Information," Cahiers du LASER (LASER Working Papers) 2006.19, LASER (Laboratoire de Science Economique de Richter), Faculty of Economics, University of Montpellier 1.
- Carlos J Ponce, 2007.
"More Secrecy...More Knowledge Disclosure? On Disclosure Outside of Patents,"
Levine's Working Paper Archive
122247000000001600, David K. Levine.
- Carlos J. POnce, 2007. "More secrecy... more knowledge disclosure? : On disclosure outside of patents," Economics Working Papers we077241, Universidad Carlos III, Departamento de Economía.
- Laura Magazzini & Fabio Pammolli & Massimo Riccaboni & Maria Alessandra Rossi, 2009.
"Patent Disclosure and R&D Competition in Pharmaceuticals,"
ROCK Working Papers
053, Department of Computer and Management Sciences, University of Trento, Italy, revised 11 Jun 2009.
- Laura Magazzini & Fabio Pammolli & Massimo Riccaboni & Maria Alessandra Rossi, 2009. "Patent disclosure and R&D competition in pharmaceuticals," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 18(5), pages 467-486.
- Laura Magazzini & Fabio Pammolli & Massimo Riccaboni & Maria Alessandra Rossi, 2009. "Patent Disclosure and R&D Competition in Pharmaceuticals," DISA Working Papers 0902, Department of Computer and Management Sciences, University of Trento, Italy, revised 11 Jun 2009.
- Scott Baker & Pak Yee Lee & Claudio Mezzetti, 2011.
"Intellectual property disclosure as threat,"
International Journal of Economic Theory,
The International Society for Economic Theory, vol. 7(1), pages 21-38, 03.
- Scott Baker & Pak Yee Lee & Claudio Mezzetti, 2007. "Intellectual Property Disclosure as “Threat”," Discussion Papers in Economics 07/08, Department of Economics, University of Leicester.
- Baker, Scott & Lee, Pak Yee & Mezzetti, Claudio, 2008. "Intellectual Property Disclosure as 'Threat'," The Warwick Economics Research Paper Series (TWERPS) 881, University of Warwick, Department of Economics.
- Carlos J. Ponce, 2007. "Knowledge disclosure as intellectual property rights," Economics Working Papers we077140, Universidad Carlos III, Departamento de Economía.
- Aoki, Reiko & Spiegel, Yossi, 2009. "Pre-grant patent publication and cumulative innovation," International Journal of Industrial Organization, Elsevier, vol. 27(3), pages 333-345, May.
- Bertrand Chopard & Thomas Cortade & Eric Langlais, 2013. "Damage rules and the patent hold-up problem : An analysis of Article L. 615-7," EconomiX Working Papers 2013-37, University of Paris West - Nanterre la Défense, EconomiX.
- Stefano Comino & Clara Graziano, 2014. "How Many Patents Does it Take to Signal Innovation Quality?," CESifo Working Paper Series 4840, CESifo Group Munich.
- Choi, Jay Pil, 2009. "Alternative damage rules and probabilistic intellectual property rights: Unjust enrichment, lost profits, and reasonable royalty remedies," Information Economics and Policy, Elsevier, vol. 21(2), pages 145-157, June.
- Carlos Ponce, 2003.
"Knowledge Disclosure as Intellectual Property Rights Protection,"
Levine's Working Paper Archive
618897000000000550, David K. Levine.
- Ponce, Carlos J., 2011. "Knowledge disclosure as intellectual property rights protection," Journal of Economic Behavior & Organization, Elsevier, vol. 80(3), pages 418-434.
- Matthew D. Henry & John L. Turner, 2010. "PATENT DAMAGES AND SPATIAL COMPETITION -super-* ," Journal of Industrial Economics, Wiley Blackwell, vol. 58(2), pages 279-305, 06.
- Gaétan de Rassenfosse & Alfons Palangkaraya & Elizabeth Webster, 2013. "Do Patents Shield Disclosure or Assure Exclusivity When Transacting Technology?," Melbourne Institute Working Paper Series wp2013n05, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.
- Katharine Rockett, 2009. "Property Rights and Invention," Economics Discussion Papers 663, University of Essex, Department of Economics.
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