Staging of Venture Financing, Moral Hazard, and Patent Law
The literature on venture financing mainly focuses on entrepreneurial moral hazard. The investor, however, may behave opportunistically, too. We look at the case where the investor demands a higher share on the venture’s return before financing the next stage. Possibly, the staging of capital is the most salient feature of venture financing. The entrepreneur may be forced to accept the investor’s offer, when she is supposed to lose something by changing the investor. For instance, if the property rights on the invention are not sufficiently protected - because the entrepreneur has not filed for a patent or the invention does not meet the legal requirements for patent protection - the investor may use the idea for his own purposes once the entrepreneur terminates the relationship. This threat may force the entrepreneur to continue although the investor demands a higher share. As a consequence, she sticks with the investor, however, she may not choose the efficient level of specific investments, rather she underinvests. The impact of patent law is important. In the law and economics literature patent law is primarily seen as an instrument balancing the trade-off between setting incentives to innovate and limiting monopoly power of patent holders. It, however, overlooks the fact that an entrepreneur’s idea often only develops to a market product with the help of investors providing financial resources. Thus, I argue that there is an additional goal of patent law: mitigating conflicts in the venture financing process thereby making innovations more likely.
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.:
- Stanley M. Besen & Leo J. Raskind, 1991. "An Introduction to the Law and Economics of Intellectual Property," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 3-27, Winter.
- Schmidt, Klaus M., 2003.
"Convertible Securities and Venture Capital Finance,"
Munich Reprints in Economics
19769, University of Munich, Department of Economics.
- Klaus M. Schmidt, 2003. "Convertible Securities and Venture Capital Finance," Journal of Finance, American Finance Association, vol. 58(3), pages 1139-1166, 06.
- Schmidt, Klaus M., 1999. "Convertible Securities and Venture Capital Finance," CEPR Discussion Papers 2317, C.E.P.R. Discussion Papers.
- Klaus Schmidt, 1999. "Convertible Securities and Venture Capital Finance," CESifo Working Paper Series 217, CESifo Group Munich.
- Oliver Hart & John Moore, 1994. "A Theory of Debt Based on the Inalienability of Human Capital," The Quarterly Journal of Economics, Oxford University Press, vol. 109(4), pages 841-879.
- Sahlman, William A., 1990. "The structure and governance of venture-capital organizations," Journal of Financial Economics, Elsevier, vol. 27(2), pages 473-521, October.
- Williamson, Oliver E, 1983. "Credible Commitments: Using Hostages to Support Exchange," American Economic Review, American Economic Association, vol. 73(4), pages 519-540, September.
When requesting a correction, please mention this item's handle: RePEc:bep:dewple:2002-1-1044. 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: (Christopher F. Baum)
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 references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link 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 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.