Why challenge the ivory tower? New evidence on the basicness of academic patents
AbstractWhile often presumed in academic literature and policy discussions there is little empirical evidence showing that academic patents protect more basic inventions than corporate patents. This study provides new evidence on the basicness of academic patents using German professor patents linked to patent opposition data from the European Patent Office (EPO). Patent oppositions are the most important mechanism by which the validity of patents filed at the EPO can be challenged. Controlling for patent value, asymmetric information and diverging expectations between the opposition parties, the likelihood of a potentially litigious situation and the relative costs of opposition versus settlement, we find that academic patents are opposed less frequently than a control group of corporate patents. This suggests that academic patents cover rather basic inventions with a low immediate commercial value not threatening current returns of potential plaintiffs. The effect is weaker for academic patents in collaboration with the business sector, which suggests that those patents are evaluated as more applied by owners of potentially rival technologies. --
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Bibliographic InfoPaper provided by ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research in its series ZEW Discussion Papers with number 09-029.
Date of creation: 2009
Date of revision:
academic inventors; intellectual property rights; patent oppositions;
Find related papers by JEL classification:
- O31 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
- O32 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Management of Technological Innovation and R&D
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
This paper has been announced in the following NEP Reports:
- NEP-ALL-2009-09-05 (All new papers)
- NEP-EDU-2009-09-05 (Education)
- NEP-INO-2009-09-05 (Innovation)
- NEP-IPR-2009-09-05 (Intellectual Property Rights)
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