Patent thickets, courts, and the market for innovation
AbstractWe study how fragmentation of patent rights and the formation of the Court of Appeals for the Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing. We develop a model of patent litigation which predicts faster settlement when patent rights are fragmented and when there is less uncertainty about court outcomes, as was associated with the pro-patent shift of the CAFC. We confirm these predictions empirically using a data set that covers patent suits in U.S. district courts during the period 1975-2000. Finally, we analyze how fragmentation affects total settlement delay, considering both the reduction in dispute duration and the increase in the number of patent negotiations. Copyright (c) 2010, RAND.
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Bibliographic InfoArticle provided by RAND Corporation in its journal The RAND Journal of Economics.
Volume (Year): 41 (2010)
Issue (Month): 3 ()
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- David S. Abrams & Ufuk Akcigit & Jillian Popadak, 2013. "Patent Value and Citations: Creative Destruction or Strategic Disruption?," PIER Working Paper Archive 13-065, Penn Institute for Economic Research, Department of Economics, University of Pennsylvania.
- Alberto Galasso & Mark Schankerman & Carlos J. Serrano, 2011.
"Trading and Enforcing Patent Rights,"
CEP Discussion Papers
dp1072, Centre for Economic Performance, LSE.
- Alberto Galasso & Mark Schankerman & Carlos J. Serrano, 2011. "Trading and Enforcing Patent Rights," NBER Working Papers 17367, National Bureau of Economic Research, Inc.
- Galasso, Alberto & Schankerman, Mark & Serrano, Carlos, 2011. "Trading and Enforcing Patent Rights," CEPR Discussion Papers 8573, C.E.P.R. Discussion Papers.
- Alberto Galasso & Mark Schankerman, 2013. "Patents and cumulative innovation: causal evidence from the courts," LSE Research Online Documents on Economics 51539, London School of Economics and Political Science, LSE Library.
- Bottazzi, Laura, 2009. "The role of venture capital in alleviating financial constraints of innovative firms," EIB Papers 9/2009, European Investment Bank, Economics Department.
- Darcy, Jacques & Krämer-Eis, Helmut & Guellec, Dominique & Debande, Olivier, 2009. "Financing technology transfer," EIB Papers 10/2009, European Investment Bank, Economics Department.
- Galasso, Alberto & Schankerman, Mark, 2013. "Patents and Cumulative Innovation:Causal Evidence from the Courts," IIR Working Paper 13-16, Institute of Innovation Research, Hitotsubashi University.
- Ralph Siebert, 2013. "Are Ex Ante and Ex Post Licensing Agreements Useful Instruments to Lessen Uncertainty in R&D?," CESifo Working Paper Series 4535, CESifo Group Munich.
- Dietmar Harhoff & Georg von Graevenitz & Stefan Wagner, 2012.
"Conflict resolution, public goods and patent thickets,"
ESMT Research Working Papers
ESMT-12-04 (R1), ESMT European School of Management and Technology, revised 25 Mar 2013.
- Harhoff, Dietmar & von Graevenitz, Georg & Wagner, Stefan, 2013. "Conflict Resolution, Public Goods and Patent Thickets," CEPR Discussion Papers 9468, C.E.P.R. Discussion Papers.
- Harhoff, Dietmar, 2009. "The role of patents and licenses in securing external finance for innovation," EIB Papers 11/2009, European Investment Bank, Economics Department.
- Mueller, Elisabeth & Cockburn, Iain M. & MacGarvie, Megan, 2013. "Access to intellectual property for innovation: Evidence on problems and coping strategies from German firms," Research Policy, Elsevier, vol. 42(2), pages 529-541.
- Gallini, Nancy, 2010.
"Private Agreements for Coordinating Patent Rights: The Case of Patent Pools,"
Economics working papers
nancy_gallini-2010-34, Vancouver School of Economics, revised 17 Nov 2010.
- Nancy Gallini, 2011. "Private agreements for coordinating patent rights: the case of patent pools," ECONOMIA E POLITICA INDUSTRIALE, FrancoAngeli Editore, vol. 2011(3), pages 5-30.
- Gallini, Nancy, 2011. "Private Agreements for Coordinating Patent Rights: The Case of Patent Pools," IEL Working Papers 5, Institute of Public Policy and Public Choice - POLIS.
- Subramanian, Annapoornima M. & Lim, Kwanghui & Soh, Pek-Hooi, 2013. "When birds of a feather don’t flock together: Different scientists and the roles they play in biotech R&D alliances," Research Policy, Elsevier, vol. 42(3), pages 595-612.
- Hall, Bronwyn H., 2009.
"The financing of innovative firms,"
8/2009, European Investment Bank, Economics Department.
- Alberto Galasso & Mark Schankerman, 2013. "Patents and Cumulative Innovation: Causal Evidence from the Courts," CEP Discussion Papers dp1205, Centre for Economic Performance, LSE.
- Bas Straathof & Sander van Veldhuizen, 2012. "Market size, institutions, and the value of rights provided by patents," CPB Discussion Paper 226, CPB Netherlands Bureau for Economic Policy Analysis.
- Schwiebacher, Franz, 2013. "Does fragmented or heterogeneous IP ownership stifle investments in innovation?," ZEW Discussion Papers 13-096, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
- Galasso, Alberto, 2010. "Over-confidence may reduce negotiation delay," Journal of Economic Behavior & Organization, Elsevier, vol. 76(3), pages 716-733, December.
- NAGAOKA Sadao & NISHIMURA Yoichiro, 2014. "Complementarity, Fragmentation, and the Effects of Patent Thickets," Discussion papers 14001, Research Institute of Economy, Trade and Industry (RIETI).
- Fischer, Timo & Henkel, Joachim, 2012. "Patent trolls on markets for technology – An empirical analysis of NPEs’ patent acquisitions," Research Policy, Elsevier, vol. 41(9), pages 1519-1533.
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