Pre-emptive patenting: securing market exclusion and freedom of operation
AbstractWe investigate statistically the characteristics, functioning and incidence of pre-emptive patenting, defined as patent filings whose main effect is to hamper the grant of other patents. Patent applications can be used defensively to prevent the grant of exclusive rights over markets and technologies, in order to ensure freedom of operation or keep competitors out of a given technological field. Combining data from examination outcomes and prior art at the European Patent Office, we develop a methodology to identify pre-emptive patent applications. We find evidence of pre-emption associated with patent applications cited as compromising patentability while not being deemed relevant to the state of the art. We also find that, among them, those which are withdrawn have the strongest pre-emptive power. The coincidence of low inventiveness and high pre-emptive impact supports the idea that some of these patents may be strategically designed by their applicants to block patenting by others.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Taylor & Francis Journals in its journal Economics of Innovation and New Technology.
Volume (Year): 21 (2012)
Issue (Month): 1 (October)
Contact details of provider:
Web page: http://www.tandfonline.com/GEIN20
Other versions of this item:
- Dominique Guellec & Catalina Martinez & Maria Pluvia Zuniga, 2009. "Pre-Emptive Patenting: Securing Market Exclusion and Freedom of Operation," OECD Science, Technology and Industry Working Papers 2009/8, OECD Publishing.
- C25 - Mathematical and Quantitative Methods - - Single Equation Models; Single Variables - - - Discrete Regression and Qualitative Choice Models; Discrete Regressors; Proportions
- C51 - Mathematical and Quantitative Methods - - Econometric Modeling - - - Model Construction and Estimation
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- L00 - Industrial Organization - - General - - - General
- L20 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - General
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Christian Bjørnskov & Niklas Potrafke, 2009.
"Political ideology and economic freedom across Canadian provinces,"
Working Papers CEB
09-054.RS, ULB -- Universite Libre de Bruxelles.
- Christian Bj�rnskov & Niklas Potrafke, 2012. "Political Ideology and Economic Freedom Across Canadian Provinces," Eastern Economic Journal, Palgrave Macmillan, vol. 38(2), pages 143-166.
- Della Malva, Antonio, 2012. "Essays on the economic and strategic implications of science," Open Access publications from Maastricht University urn:nbn:nl:ui:27-28756, Maastricht University.
- Della Malva, Antonio & Hussinger, Katrin, 2010.
"Corporate science in the patent system: An analysis of the semiconductor technology,"
ZEW Discussion Papers
10-098, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
- Malva, Antonio Della & Hussinger, Katrin, 2012. "Corporate science in the patent system: An analysis of the semiconductor technology," Journal of Economic Behavior & Organization, Elsevier, vol. 84(1), pages 118-135.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Michael McNulty).
If references are entirely missing, you can add them using this form.