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Endogenous licensing in cumulative innovation

Author

Listed:
  • KOU Zonglai

    (China Center for Economic Studies, School of Economics, Fudan University, Shanghai 200433, China)

  • ZHANG Jian

    (School of Economics, Fudan University, Shanghai 200433, China)

Abstract

This paper analyzes the endogeneity of licensing arrangements in cost-reducing cumulative innovation. There exists the following results. First, for the first-generation patentee, ex post licensing matters for rent extraction while ex ante licensing matters for efficiency. Second, if the second-generation innovator does not exit, then the firms' profits as well as social welfare are all irrelevant to whether ex ante licensing is allowed. Third, costly litigation can occur on the equilibrium path and its occurrence is also irrelevant to ex ante licensing. Interestingly, the conditional probability of the first-generation patentee winning litigation first decreases and then increases in patent breadth. Fourth, optimal patent breadth depends on the tradeoff between litigation costs and antitrust effect.

Suggested Citation

  • KOU Zonglai & ZHANG Jian, 2007. "Endogenous licensing in cumulative innovation," Frontiers of Economics in China-Selected Publications from Chinese Universities, Higher Education Press, vol. 2(3), pages 424-457, September.
  • Handle: RePEc:fec:journl:v:2:y:2007:i:3:p:424-457
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    File URL: http://journal.hep.com.cn/fec/EN/10.1007/s11459-007-0022-0
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    JEL classification:

    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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