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Defensive publishing by a leading firm

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  • Johnson, Justin P.

Abstract

I consider the use of defensive publishing by a firm with a patentable innovation in hand. Such publishing discloses technical information to rivals and foregoes the publisher’s legal right to exclude, but also prevents rivals from patenting. My analysis identifies why firms choose defensive publishing over patenting and trade secrecy. I present summary data suggesting that defensive publishing has become more common recently, that the composition of firms using it is changing, and that it has emerged especially as a response to the fear of bad patents being issued in the area of software and business methods. These data are consistent with my theoretical results.

Suggested Citation

  • Johnson, Justin P., 2014. "Defensive publishing by a leading firm," Information Economics and Policy, Elsevier, vol. 28(C), pages 15-27.
  • Handle: RePEc:eee:iepoli:v:28:y:2014:i:c:p:15-27
    DOI: 10.1016/j.infoecopol.2014.05.001
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    References listed on IDEAS

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    Cited by:

    1. Roberto Camerani & Daniele Rotolo & Nicola Grassano, 2018. "Do Firms Publish? A Multi-Sectoral Analysis," SPRU Working Paper Series 2018-21, SPRU - Science Policy Research Unit, University of Sussex Business School.
    2. Serge Pajak, 2016. "Do innovative firms rely on big secrets? An analysis of IP protection strategies with the CIS 4 survey," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 25(5), pages 516-532, July.
    3. Roberto Camerani & Daniele Rotolo & Nicola Grassano, 2018. "Do firms publish? A multi-sectoral analysis," JRC Working Papers on Corporate R&D and Innovation 2018-05, Joint Research Centre (Seville site).
    4. George, Lisa M., 2016. "Mobile, Media & More: Contributions and Developments at Information Economics and Policy," Information Economics and Policy, Elsevier, vol. 37(C), pages 1-2.

    More about this item

    Keywords

    K2; O3; L1; Defensive publishing; Disclosure; Patents; Innovation;

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law
    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights
    • L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance

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