IDEAS home Printed from https://ideas.repec.org/a/eee/respol/v33y2004i2p179-191.html
   My bibliography  Save this article

Royalties, evolving patent rights, and the value of innovation

Author

Listed:
  • Sherry, Edward F.
  • Teece, David J.

Abstract

AbstractThe value of an innovation to the innovator can change over time, especially in response to changes in the legal protection (such as patent rights) afforded the innovator. A proven-valid-and-infringed patent is a more valuable economic commodity than is an untested patent. The increase in value can be estimated using the success rate of patent lawsuits. Using a database of the outcomes of U.S. patent litigation, we find that plaintiffs win patent litigation some 45% of the time at the trial court level. This has implications both for patent damages awards and for the incentives to innovate. © 2003 Elsevier B. V. All rights reserved.
(This abstract was borrowed from another version of this item.)

Suggested Citation

  • Sherry, Edward F. & Teece, David J., 2004. "Royalties, evolving patent rights, and the value of innovation," Research Policy, Elsevier, vol. 33(2), pages 179-191, March.
  • Handle: RePEc:eee:respol:v:33:y:2004:i:2:p:179-191
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0048-7333(03)00088-X
    Download Restriction: Full text for ScienceDirect subscribers only

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. Lanjouw, Jean O & Schankerman, Mark, 2001. "Characteristics of Patent Litigation: A Window on Competition," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 129-151, Spring.
    2. David J. TEECE, 2008. "Profiting from technological innovation: Implications for integration, collaboration, licensing and public policy," World Scientific Book Chapters,in: The Transfer And Licensing Of Know-How And Intellectual Property Understanding the Multinational Enterprise in the Modern World, chapter 5, pages 67-87 World Scientific Publishing Co. Pte. Ltd..
    3. Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-260, April.
    4. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
    5. Jean Olson Lanjouw, 1998. "Patent Protection in the Shadow of Infringement: Simulation Estimations of Patent Value," Review of Economic Studies, Oxford University Press, vol. 65(4), pages 671-710.
    6. Lanjouw, Jean O & Pakes, Ariel & Putnam, Jonathan, 1998. "How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data," Journal of Industrial Economics, Wiley Blackwell, vol. 46(4), pages 405-432, December.
    7. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    8. Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1987. "Appropriating the Returns from Industrial Research and Development," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 18(3, Specia), pages 783-832.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. repec:spr:scient:v:105:y:2015:i:3:d:10.1007_s11192-015-1763-7 is not listed on IDEAS
    2. Marco, Alan C., 2005. "Learning by Suing: Structural Estimates of Court Errors in Patent Litigation," Vassar College Department of Economics Working Paper Series 68, Vassar College Department of Economics.
    3. Wu, Ming-Cheng, 2011. "Antecedents of patent value using exchange option models: Evidence from a panel data analysis," Journal of Business Research, Elsevier, vol. 64(1), pages 81-86, January.
    4. repec:kap:jtecht:v:42:y:2017:i:5:d:10.1007_s10961-016-9514-3 is not listed on IDEAS
    5. Lichtenthaler, Ulrich & Ernst, Holger, 2007. "Developing reputation to overcome the imperfections in the markets for knowledge," Research Policy, Elsevier, vol. 36(1), pages 37-55, February.
    6. Santiago, Leonardo P. & Martinelli, Marcela & Eloi-Santos, Daniel T. & Hortac, Luciana Hashiba, 2015. "A framework for assessing a portfolio of technologies for licensing out," Technological Forecasting and Social Change, Elsevier, vol. 99(C), pages 242-251.
    7. David TEECE & Edward SHERRY & Peter GRINDLEY, 2014. "Patents and "Patent Wars" in Wireless Communications: An Economic Assessment," Communications & Strategies, IDATE, Com&Strat dept., vol. 1(95), pages 85-98, 3rd quart.
    8. repec:spr:scient:v:112:y:2017:i:2:d:10.1007_s11192-017-2378-y is not listed on IDEAS
    9. Peng, Yu-Shu & Liang, I-Chung, 2016. "A dynamic framework for competitor identification: A neglecting role of dominant design," Journal of Business Research, Elsevier, vol. 69(5), pages 1898-1903.
    10. Bruno van Pottelsberghe de la Potterie, 2011. "The quality factor in patent systems," Industrial and Corporate Change, Oxford University Press, vol. 20(6), pages 1755-1793, December.
    11. Lichtenthaler, Ulrich, 2008. "Externally commercializing technology assets: An examination of different process stages," Journal of Business Venturing, Elsevier, vol. 23(4), pages 445-464, July.
    12. Bronwyn H. Hall, 2006. "R&D, productivity and market value," IFS Working Papers W06/23, Institute for Fiscal Studies.
    13. Laursen, Keld & Salter, Ammon J., 2014. "The paradox of openness: Appropriability, external search and collaboration," Research Policy, Elsevier, vol. 43(5), pages 867-878.
    14. Waguespack, David Matthew & Birnir, Johanna Kristin & Schroeder, Jeff, 2005. "Technological development and political stability: Patenting in Latin America and the Caribbean," Research Policy, Elsevier, vol. 34(10), pages 1570-1590, December.
    15. Müller, Dirk, 2010. "Alliance Coordination, Dysfunctions, and the Protection of Idiosyncratic Knowledge in Strategic Learning Alliances," EconStor Preprints 41039, ZBW - German National Library of Economics.
    16. Marco, Alan C. & Walsh, Kieran J., 2006. "Bargaining in the shadow of precedent: the surprising irrelevance of asymmetric stakes," Vassar College Department of Economics Working Paper Series 81, Vassar College Department of Economics.

    More about this item

    JEL classification:

    • F4 - International Economics - - Macroeconomic Aspects of International Trade and Finance
    • 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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:respol:v:33:y:2004:i:2:p:179-191. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dana Niculescu). General contact details of provider: http://www.elsevier.com/locate/respol .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.