Firm Reputation and Incentives to "Milk" Pending Patents
AbstractIn this paper we develop a theory of patenting in which a firm preserves its reputation to only apply for a patent whenever a truly patentable idea has been generated. Firms have a short-run incentive to deviate and receive additional rents from unworthy pending patents, as well as potential rents from PTO mistakes in granting patents. We provide conditions for reputation to be preserved in equilibrium and analyze which market environments are favorable for such an equilibrium to exist. In particular, we analyze the merits of different patent systems.
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Bibliographic InfoPaper provided by CESifo Group Munich in its series CESifo Working Paper Series with number 4355.
Date of creation: 2013
Date of revision:
pending patents; reputation; patent quality; patent office policy;
Find related papers by JEL classification:
- L15 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Information and Product Quality
- L22 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Firm Organization and Market Structure
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
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- 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.
- Joshua S. Gans & David H. Hsu & Scott Stern, 2008. "The Impact of Uncertain Intellectual Property Rights on the Market for Ideas: Evidence from Patent Grant Delays," Management Science, INFORMS, vol. 54(5), pages 982-997, May.
- Joseph P. Cook, 2007. "On Understanding the Increase in U.S. Patent Litigation," American Law and Economics Review, Oxford University Press, vol. 9(1), pages 48-71.
- Pil Choi, J., 1997.
"Brand Extension as Informational Leverage,"
ISER Discussion Paper
0451, Institute of Social and Economic Research, Osaka University.
- Luis Cabral, 2000.
"Stretching Firm and Brand Reputation,"
00-07, New York University, Leonard N. Stern School of Business, Department of Economics.
- Cabral, L.M.B., 2000. "Stretching Firm and Brand Reputation," New York University, Leonard N. Stern School Finance Department Working Paper Seires 00-07, New York University, Leonard N. Stern School of Business-.
- Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, ULB -- Universite Libre de Bruxelles.
- Haeussler, Caroline & Harhoff, Dietmar & Müller, Elisabeth, 2009.
"To Be Financed or Not... - The Role of Patents for Venture Capital Financing,"
Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems
253, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
- Mueller, Elisabeth & Harhoff, Dietmar & Haeussler, Carolin, 2009. "To Be Financed or Not : The Role of Patents for Venture Capital Financing," ZEW Discussion Papers 09-003, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
- Klein, Benjamin & Leffler, Keith B, 1981. "The Role of Market Forces in Assuring Contractual Performance," Journal of Political Economy, University of Chicago Press, vol. 89(4), pages 615-41, August.
- Iain M. Cockburn & Megan MacGarvie, 2007.
"Patents, Thickets, and the Financing of Early-Stage Firms: Evidence from the Software Industry,"
NBER Working Papers
13644, National Bureau of Economic Research, Inc.
- Iain M. Cockburn & Megan J. MacGarvie, 2009. "Patents, Thickets and the Financing of Early-Stage Firms: Evidence from the Software Industry," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 18(3), pages 729-773, 09.
- 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, vol. 93(5), pages 837-58, October.
- Crampes, Claude & Langinier, Corinne, 2002.
"Litigation and Settlement in Patent Infringement Cases,"
Staff General Research Papers
5231, Iowa State University, Department of Economics.
- Claude Crampes & Corinne Langinier, 2002. "Litigation and Settlement in Patent Infringement Cases," RAND Journal of Economics, The RAND Corporation, vol. 33(2), pages 258-274, Summer.
- Nancy T. Gallini, 2002. "The Economics of Patents: Lessons from Recent U.S. Patent Reform," Journal of Economic Perspectives, American Economic Association, vol. 16(2), pages 131-154, Spring.
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