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Patents and Cumulative Innovation: Causal Evidence from the Courts

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  • Schankerman, Mark
  • Galasso, Alberto

Abstract

Cumulative innovation is central to economic growth. Do patent rights facilitate or impede such follow-on innovation? This paper studies the effect of removing patent protection through court invalidation on the subsequent research related to the focal patent, as measured by later citations. We exploit random allocation of judges at the U.S. Court of Appeal for the Federal Circuit to control for the endogeneity of patent invalidation. We find that patent invalidation leads to a 50 percent increase in subsequent citations to the focal patent, on average, but the impact is highly heterogeneous. Patent rights appear to block follow-on innovation only in the technology fields of computers, electronics and medical instruments. Moreover, the effect is entirely driven by invalidation of patents owned by large patentees that triggers entry of small innovators, suggesting that patents may impede the ?democratization? of innovation.

Suggested Citation

  • Schankerman, Mark & Galasso, Alberto, 2013. "Patents and Cumulative Innovation: Causal Evidence from the Courts," CEPR Discussion Papers 9458, C.E.P.R. Discussion Papers.
    • Handle: RePEc:cpr:ceprdp:9458
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    Citations

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    Cited by:

    1. Michael Noel & Mark Schankerman, 2013. "Strategic Patenting and Software Innovation," Journal of Industrial Economics, Wiley Blackwell, vol. 61(3), pages 481-520, September.
    2. Philippe Aghion & Stefan Bechtold & Lea Cassar & Holger Herz, 2018. "The Causal Effects of Competition on Innovation: Experimental Evidence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 34(2), pages 162-195.
    3. Joy Buchanan & Bart Wilson, 2014. "An experiment on protecting intellectual property," Experimental Economics, Springer;Economic Science Association, vol. 17(4), pages 691-716, December.
    4. Yongmin Chen & Shiyuan Pan & Tianle Zhang, 2018. "Patentability, R&D Direction, And Cumulative Innovation," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 59(4), pages 1969-1993, November.
    5. Guido Cozzi & Silvia Galli, 2014. "Sequential R&D and blocking patents in the dynamics of growth," Journal of Economic Growth, Springer, vol. 19(2), pages 183-219, June.
    6. Xianhai Huang & Yi Wang & Zhujun Zhu & Xueyin Song, 2022. "Quality of imported intermediates, innovation behaviour and markups: Firm‐level evidence from China," The World Economy, Wiley Blackwell, vol. 45(9), pages 2796-2819, September.
    7. Piermartini, Roberta & Rubínová, Stela, 2014. "Knowledge spillovers through international supply chains," WTO Staff Working Papers ERSD-2014-11, World Trade Organization (WTO), Economic Research and Statistics Division.
    8. repec:wsi:acsxxx:v:21:y:2019:i:08:n:s1363919619500129 is not listed on IDEAS
    9. Gamba, Simona, 2017. "The Effect of Intellectual Property Rights on Domestic Innovation in the Pharmaceutical Sector," World Development, Elsevier, vol. 99(C), pages 15-27.
    10. Belleflamme,Paul & Peitz,Martin, 2015. "Industrial Organization," Cambridge Books, Cambridge University Press, number 9781107687899, January.
    11. Boudreau, Kevin J. & Lakhani, Karim R., 2015. "“Open” disclosure of innovations, incentives and follow-on reuse: Theory on processes of cumulative innovation and a field experiment in computational biology," Research Policy, Elsevier, vol. 44(1), pages 4-19.
    12. Mahdiyeh Entezarkheir, 2017. "Patent thickets, defensive patenting, and induced R&D: an empirical analysis of the costs and potential benefits of fragmentation in patent ownership," Empirical Economics, Springer, vol. 52(2), pages 599-634, March.

    More about this item

    Keywords

    Cumulative innovation; Patents; Litigation; Judges; Courts;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L24 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Contracting Out; Joint Ventures
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O32 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Management of Technological Innovation and R&D
    • O33 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Technological Change: Choices and Consequences; Diffusion Processes

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