Do Formal Intellectual Property Rights Hinder the Free Flow of Scientific Knowledge? An Empirical Test of the Anti-Commons Hypothesis
AbstractWhile the potential for intellectual property rights to inhibit the diffusion of scientific knowledge is at the heart of several contemporary policy debates, evidence for the %u201Canti-commons effect%u201D has been anecdotal. A central issue in this debate is how intellectual property rights over a given piece of knowledge affects the propensity of future researchers to build upon that knowledge in their own scientific research activities. This article frames this debate around the concept of dual knowledge, in which a single discovery may contribute to both scientific research and useful commercial applications. A key implication of dual knowledge is that it may be simultaneously instantiated as a scientific research article and as a patent. Such patent-paper pairs are at the heart of our empirical strategy. We exploit the fact that patents are granted with a substantial lag, often many years after the knowledge is initially disclosed through paper publication. The knowledge associated with a patent paper pair therefore diffuses within two distinct intellectual property environments %u2013 one associated with the pre-grant period and another after formal IP rights are granted. Relative to the expected citation pattern for publications with a given quality level, anticommons theory predicts that the citation rate to a scientific publication should fall after formal IP rights associated with that publication are granted. Employing a differences-indifferences estimator for 169 patent-paper pairs (and including a control group of publications from the same journal for which no patent is granted), we find evidence for a modest anti-commons effect (the citation rate after the patent grant declines by between 9 and 17%). This decline becomes more pronounced with the number of years elapsed since the date of the patent grant, and is particularly salient for articles authored by researchers with public sector affiliations.
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Date of creation: Jul 2005
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Find related papers by JEL classification:
- O30 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - General
- O33 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Technological Change: Choices and Consequences; Diffusion Processes
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property Rights
- L33 - Industrial Organization - - Nonprofit Organizations and Public Enterprise - - - Comparison of Public and Private Enterprise and Nonprofit Institutions; Privatization; Contracting Out
This paper has been announced in the following NEP Reports:
- NEP-ALL-2005-07-03 (All new papers)
- NEP-SOG-2005-07-03 (Sociology of Economics)
- NEP-TID-2005-07-03 (Technology & Industrial Dynamics)
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- Gans, Joshua, 1968- & Stern, Scott, 1969-, 1998.
"Incumbency and R&D incentives : licensing the gale of creative distruction,"
WP 4008-98., Massachusetts Institute of Technology (MIT), Sloan School of Management.
- Joshua S. Cans & Scott Stern, 2000. "Incumbency and R&D Incentives: Licensing the Gale of Creative Destruction," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 9(4), pages 485-511, December.
- Scott Stern, 1999. "Do Scientists Pay to Be Scientists?," NBER Working Papers 7410, National Bureau of Economic Research, Inc.
- Michael Kremer, 1997. "Patent Buy-Outs: A Mechanism for Encouraging Innovation," NBER Working Papers 6304, National Bureau of Economic Research, Inc.
- Romer, Paul M, 1990.
"Endogenous Technological Change,"
Journal of Political Economy,
University of Chicago Press, vol. 98(5), pages S71-102, October.
- Etzkowitz, Henry, 1998. "The norms of entrepreneurial science: cognitive effects of the new university-industry linkages," Research Policy, Elsevier, vol. 27(8), pages 823-833, December.
- Merges, Robert P. & Nelson, Richard R., 1994. "On limiting or encouraging rivalry in technical progress: The effect of patent scope decisions," Journal of Economic Behavior & Organization, Elsevier, vol. 25(1), pages 1-24, September.
- Kenneth Arrow, 1962. "Economic Welfare and the Allocation of Resources for Invention," NBER Chapters, in: The Rate and Direction of Inventive Activity: Economic and Social Factors, pages 609-626 National Bureau of Economic Research, Inc.
- Weitzman, Martin L., 1974. "Free access vs private ownership as alternative systems for managing common property," Journal of Economic Theory, Elsevier, vol. 8(2), pages 225-234, June.
- Jerry A. Hausman & Bronwyn H. Hall & Zvi Griliches, 1984.
"Econometric Models for Count Data with an Application to the Patents-R&D Relationship,"
NBER Technical Working Papers
0017, National Bureau of Economic Research, Inc.
- Hausman, Jerry & Hall, Bronwyn H & Griliches, Zvi, 1984. "Econometric Models for Count Data with an Application to the Patents-R&D Relationship," Econometrica, Econometric Society, vol. 52(4), pages 909-38, July.
- Narin, Francis & Olivastro, Dominic, 1992. "Status report: Linkage between technology and science," Research Policy, Elsevier, vol. 21(3), pages 237-249, June.
- Adams, James D, 1990. "Fundamental Stocks of Knowledge and Productivity Growth," Journal of Political Economy, University of Chicago Press, vol. 98(4), pages 673-702, August.
- Christian List, 2001. "Complex Collective Decisions and the Probability of Collective Inconsistencies," Economics Series Working Papers 2001-W23, University of Oxford, Department of Economics.
- Ashish Arora & Andrea Fosfuri & Alfonso Gambardella, 2004. "Markets for Technology: The Economics of Innovation and Corporate Strategy," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262511819.
- Cockburn, Iain M & Henderson, Rebecca M, 1998. "Absorptive Capacity, Coauthoring Behavior, and the Organization of Research in Drug Discovery," Journal of Industrial Economics, Wiley Blackwell, vol. 46(2), pages 157-82, June.
- Argyres, Nicholas S. & Liebeskind, Julia Porter, 1998. "Privatizing the intellectual commons: Universities and the commercialization of biotechnology," Journal of Economic Behavior & Organization, Elsevier, vol. 35(4), pages 427-454, May.
- Ajay Agrawal & Rebecca Henderson, 2002. "Putting Patents in Context: Exploring Knowledge Transfer from MIT," Management Science, INFORMS, vol. 48(1), pages 44-60, January.
- Marie Thursby & Richard Jensen, 2001. "Proofs and Prototypes for Sale: The Licensing of University Inventions," American Economic Review, American Economic Association, vol. 91(1), pages 240-259, March.
- Zucker, Lynne G & Darby, Michael R & Brewer, Marilynn B, 1998. "Intellectual Human Capital and the Birth of U.S. Biotechnology Enterprises," American Economic Review, American Economic Association, vol. 88(1), pages 290-306, March.
- Ashish Arora, 1995. "Licensing Tacit Knowledge: Intellectual Property Rights And The Market For Know-How," Economics of Innovation and New Technology, Taylor and Francis Journals, vol. 4(1), pages 41-60.
- Richard R. Nelson, 1959. "The Simple Economics of Basic Scientific Research," Journal of Political Economy, University of Chicago Press, vol. 67, pages 297.
- Guido Buenstorf, 2006. "Is Academic Entrepreneurship Good or Bad for Science? Empirical Evidence from the Max Planck Society," Papers on Economics and Evolution 2006-17, Max Planck Institute of Economics, Evolutionary Economics Group.
- Azoulay, Pierre & Stellman, Andrew & Zivin, Joshua Graff, 2006.
"PublicationHarvester: An open-source software tool for science policy research,"
Elsevier, vol. 35(7), pages 970-974, September.
- Pierre Azoulay & Andrew Stellman & Joshua Graff Zivin, 2006. "PublicationHarvester: An Open-Source Software Tool for Science Policy Research," NBER Working Papers 12039, National Bureau of Economic Research, Inc.
- Pierre Azoulay & Waverly Ding & Toby Stuart, 2006. "The Impact of Academic Patenting on the Rate, Quality, and Direction of (Public) Research Output," NBER Working Papers 11917, National Bureau of Economic Research, Inc.
- Bruno Van Pottelsberghe & Dominique Guellec, 2008.
"Patents and academic research: a state of the art,"
ULB Institutional Repository
2013/6187, ULB -- Universite Libre de Bruxelles.
- Nicolas van Zeebroeck & Bruno Van Pottelsberghe & Dominique Guellec, 2008. "Patents and Academic Research: A State of the Art," ULB Institutional Repository 2013/60732, ULB -- Universite Libre de Bruxelles.
- Nicolas van Zeebroeck & Bruno Van Pottelsberghe & Dominique Guellec, 2008. "Patents and Academic Research: A State of the Art," Working Papers CEB 08-013.RS, ULB -- Universite Libre de Bruxelles.
- Van Looy, Bart & Landoni, Paolo & Callaert, Julie & van Pottelsberghe, Bruno & Sapsalis, Eleftherios & Debackere, Koenraad, 2011.
"Entrepreneurial effectiveness of European universities: An empirical assessment of antecedents and trade-offs,"
Elsevier, vol. 40(4), pages 553-564, May.
- Van Looy, Bart & Landoni, P. & Callaert, Julie & van Pottelsberghe, B. & Sapsalis, E. & Debackere, Koenraad, 2011. "Entrepreneurial effectiveness of European universities: An empirical assessment of antecedents and trade-offs," Open Access publications from Katholieke Universiteit Leuven urn:hdl:123456789/311454, Katholieke Universiteit Leuven.
- Walsh, John P. & Cohen, Wesley M. & Cho, Charlene, 2007. "Where excludability matters: Material versus intellectual property in academic biomedical research," Research Policy, Elsevier, vol. 36(8), pages 1184-1203, October.
- Jeffrey L. Furman & Scott Stern, 2006. "Climbing Atop the Shoulders of Giants: The Impact of Institutions on Cumulative Research," NBER Working Papers 12523, National Bureau of Economic Research, Inc.
- Carlos Rosell & Ajay Agrawal, 2006. "University Patenting: Estimating the Diminishing Breadth of Knowledge Diffusion and Consumption," NBER Working Papers 12640, National Bureau of Economic Research, Inc.
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