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The Private Value of Software Patents

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Author Info
Bronwyn H. Hall
Megan MacGarvie

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Abstract

We investigate the value creation or destruction associated with the introduction of software patents in the United States in two ways. The first looks at the cumulative abnormal returns to ICT firms around the time of important court decisions impacting software patents, and the second analyzes the relationship between firms' stock market value, the sector in which they operate, and their holdings of software patents cross-sectionally. We find that the extension of patentability to software was initially negative for software firms, especially for those producing application software or services. We also find that software patents are positively and significantly associated with Tobin's Q, and that the market's valuation of software patents increased following changes in the USPTO's treatment of software patents in 1995.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 12195.

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Date of creation: May 2006
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Handle: RePEc:nbr:nberwo:12195

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Find related papers by JEL classification:
O34 - Economic Development, Technological Change, and Growth - - Technological Change - - - Intellectual Property Rights
L63 - Industrial Organization - - Industry Studies: Manufacturing - - - Microelectronics; Computers; Communications Equipment
L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Bronwyn H. Hall & Stuart J. H. Graham & Dietmar Harhoff & David C. Mowery, 2004. "Prospects for Improving U.S. Patent Quality via Post-grant Opposition," Law and Economics 0401002, EconWPA. [Downloadable!]
    Other versions:
  2. Bronwyn H. Hall & Adam Jaffe & Manuel Trajtenberg, 2005. "Market Value and Patent Citations," RAND Journal of Economics, The RAND Corporation, vol. 36(1), pages 16-38, Spring.
  3. Bronwyn Hall, 2003. "Business Method Patents, Innovation, and Policy," Department of Economics, Working Paper Series 1056, Department of Economics, Institute for Business and Economic Research, UC Berkeley. [Downloadable!]
    Other versions:
  4. Iain M. Cockburn & Megan J. MacGarvie, 2006. "Entry, Exit and Patenting in the Software Industry," NBER Working Papers 12563, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  5. Bronwyn H. Hall, 2005. "Exploring the Patent Explosion," The Journal of Technology Transfer, Springer, vol. 30(2_2), pages 35-48, 01. [Downloadable!]
    Other versions:
  6. Austin, David H, 1993. "An Event-Study Approach to Measuring Innovative Output: The Case of Biotechnology," American Economic Review, American Economic Association, vol. 83(2), pages 253-58, May. [Downloadable!] (restricted)
  7. Robert M. Hunt, 2001. "You can patent that? Are patents on computer programs and business methods good for the new economy?," Business Review, Federal Reserve Bank of Philadelphia, issue Q1, pages 5-15. [Downloadable!]
  8. Salinger, Michael, 1992. "Standard Errors in Event Studies," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 27(01), pages 39-53, March. [Downloadable!]
  9. Suzanne Scotchmer, 1996. "Protecting Early Innovators: Should Second-Generation Products Be Patentable?," RAND Journal of Economics, The RAND Corporation, vol. 27(2), pages 322-331, Summer. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Bronwyn H. Hall & Grid Thoma & Salvatore Torrisi, 2009. "Financial Patenting in Europe," NBER Working Papers 14714, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  2. Charlotta Grönqvist, 2009. "The private value of patents by patent characteristics: evidence from Finland," The Journal of Technology Transfer, Springer, vol. 34(2), pages 159-168, April. [Downloadable!] (restricted)
  3. Nicolas van Zeebroeck, 2007. "The puzzle of patent value indicators," Working Papers CEB 07-023.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
  4. Iain M. Cockburn & Megan J. MacGarvie, 2006. "Entry, Exit and Patenting in the Software Industry," NBER Working Papers 12563, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  5. Elad Harison & Heli Koski, 2009. "Organizing High-Tech R&D - Secrets of Successful Innovation Alliances," Discussion Papers 1175, The Research Institute of the Finnish Economy. [Downloadable!]
  6. Bronwyn H. Hall & Grid Thoma & Salvatore Torrisi, 2006. "The market value of patents and R&D: Evidence from European firms," CESPRI Working Papers 186, CESPRI, Centre for Research on Innovation and Internationalisation, Universita' Bocconi, Milano, Italy, revised Nov 2006. [Downloadable!]
    Other versions:
  7. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
  8. 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. [Downloadable!] (restricted)
    Other versions:
  9. Bronwyn H. Hall, 2009. "Business and Financial Method Patents, Innovation, and Policy," NBER Working Papers 14868, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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