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Defensive Publishing An Empirical Study

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Author Info

  • 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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File URL: http://www3.druid.dk/wp/20080004.pdf
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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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Web page: http://www.druid.dk/

Related research

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

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References

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Citations

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Cited by:
  1. Schettino, Francesco & Sterlacchini, Alessandro, 2009. "Determinants of patent withdrawals: Evidence from a sample of Italian applications with the EPO," World Patent Information, Elsevier, vol. 31(4), pages 308-314, December.
  2. Ajay Bhaskarabhatla & Enrico Pennings, 2012. "Defensive Disclosure under Antitrust Enforcement," Tinbergen Institute Discussion Papers 12-010/2, Tinbergen Institute.
  3. 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.

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