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Defensive Publishing An Empirical Study

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  • Joachim Henkel
  • Stefanie Pangerl

Abstract

Defensive Publishing denotes publication of an invention with the purpose of creating prior art, and thus preventing patents being granted on this invention. Although widely employed, it has hardly been investigated empirically. Our study is based on 56 in-depth interviews, among others with most industrial firms in the German DAX 30 stock index. We find that 70 percent of the companies in our sample use defensive publications, for up to one third of their inventions. Interestingly, we find that the patent system itself is frequently used for defensive publishing. Our findings also challenge contributions connecting defensive publishing to patent races.

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Bibliographic Info

Paper provided by DRUID, Copenhagen Business School, Department of Industrial Economics and Strategy/Aalborg University, Department of Business Studies in its series DRUID Working Papers with number 08-04.

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Date of creation: 2008
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Handle: RePEc:aal:abbswp:08-04

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Keywords: Defensive publication; Intellectual property; Freedom to operate; Patens;

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  1. Josh Lerner & Marcin Strojwas & Jean Tirole, 2007. "The design of patent pools: the determinants of licensing rules," RAND Journal of Economics, RAND Corporation, vol. 38(3), pages 610-625, 09.
  2. Horstmann, Ignatius & MacDonald, Glenn M & Slivinski, Alan, 1985. "Patents as Information Transfer Mechanisms: To Patent or (Maybe) Not to Patent," Journal of Political Economy, University of Chicago Press, University of Chicago Press, vol. 93(5), pages 837-58, October.
  3. Carl Shapiro, 2003. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Law and Economics, EconWPA 0303005, EconWPA.
  4. Arundel, Anthony, 2001. "The relative effectiveness of patents and secrecy for appropriation," Research Policy, Elsevier, Elsevier, vol. 30(4), pages 611-624, April.
  5. Paul A. David, 2005. "Can ‘Open Science’ be Protected from the Evolving Regime of IPR Protections?," Industrial Organization, EconWPA 0502010, EconWPA.
  6. Ashish Arora, 1996. "Patents, Licensing, And Market Structure In The Chemical Industry," Industrial Organization, EconWPA 9605003, EconWPA.
  7. Noel, Michael D. & Schankerman, Mark, 2006. "Strategic Patenting and Software Innovation," CEPR Discussion Papers, C.E.P.R. Discussion Papers 5701, C.E.P.R. Discussion Papers.
  8. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
  9. Harabi, Najib, 1994. "Appropriability of Technical Innovations: An Empirical Analysis," MPRA Paper 26267, University Library of Munich, Germany.
  10. Joshua S. Gans & David H. Hsu & Scott Stern, 2007. "The Impact of Uncertain Intellectual Property Rights on the Market For Ideas: Evidence From Patent Grant Delays," NBER Working Papers 13234, National Bureau of Economic Research, Inc.
  11. Carlos J. POnce, 2007. "More secrecy... more knowledge disclosure? : On disclosure outside of patents," Economics Working Papers we077241, Universidad Carlos III, Departamento de Economía.
  12. Michael Noel & Mark Schankerman, 2006. "Strategic Patenting and Software Innovation," STICERD - Economics of Industry Papers, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE 43, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
  13. Nancy T. Gallini, 2002. "The Economics of Patents: Lessons from Recent U.S. Patent Reform," Journal of Economic Perspectives, American Economic Association, American Economic Association, vol. 16(2), pages 131-154, Spring.
  14. Jay Pil Choi, 2003. "Pools and Cross-Licensing in the Shadow of Patent Litigation," CESifo Working Paper Series 1070, CESifo Group Munich.
  15. Baker, Scott & Mezzetti, Claudio, 2005. "Disclosure as a Strategy in the Patent Race," Journal of Law and Economics, University of Chicago Press, University of Chicago Press, vol. 48(1), pages 173-94, April.
  16. Mansfield, Edwin, 1985. "How Rapidly Does New Industrial Technology Leak Out?," Journal of Industrial Economics, Wiley Blackwell, Wiley Blackwell, vol. 34(2), pages 217-23, December.
  17. Michael Noel & Mark Schankerman, 2006. "Strategic Patenting and Software Innovation," CEP Discussion Papers dp0740, Centre for Economic Performance, LSE.
  18. Reitzig, Markus & Henkel, Joachim & Heath, Christopher, 2007. "On sharks, trolls, and their patent prey--Unrealistic damage awards and firms' strategies of "being infringed"," Research Policy, Elsevier, Elsevier, vol. 36(1), pages 134-154, February.
  19. Ashish Arora & Andrea Fosfuri & Alfonso Gambardella, 2004. "Markets for Technology: The Economics of Innovation and Corporate Strategy," MIT Press Books, The MIT Press, The MIT Press, edition 1, volume 1, number 0262511819, December.
  20. Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1987. "Appropriating the Returns from Industrial Research and Development," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 18(3), pages 783-832.
  21. Macdonald, Stuart, 2004. "When means become ends: considering the impact of patent strategy on innovation," Information Economics and Policy, Elsevier, Elsevier, vol. 16(1), pages 135-158, March.
  22. Reitzig, Markus, 2003. "What determines patent value?: Insights from the semiconductor industry," Research Policy, Elsevier, Elsevier, vol. 32(1), pages 13-26, January.
  23. Blind, Knut & Edler, Jakob & Frietsch, Rainer & Schmoch, Ulrich, 2006. "Motives to patent: Empirical evidence from Germany," Research Policy, Elsevier, Elsevier, vol. 35(5), pages 655-672, June.
  24. Don E Kash & William Kingston, 2001. "Patents in a world of complex technologies," Science and Public Policy, Oxford University Press, Oxford University Press, vol. 28(1), pages 11-22, February.
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Cited by:
  1. Malva, Antonio Della & Hussinger, Katrin, 2012. "Corporate science in the patent system: An analysis of the semiconductor technology," Journal of Economic Behavior & Organization, Elsevier, Elsevier, vol. 84(1), pages 118-135.
  2. Ajay Bhaskarabhatla & Enrico Pennings, 2012. "Defensive Disclosure under Antitrust Enforcement," Tinbergen Institute Discussion Papers 12-010/2, Tinbergen Institute.
  3. Sterlacchini, Alessandro & Schettino, Francesco, 2008. "Determinants of patent withdrawals: evidence from a sample of Italian applications with the EPO," MPRA Paper 11220, University Library of Munich, Germany.

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