IDEAS home Printed from https://ideas.repec.org/p/cam/camdae/2532.html
   My bibliography  Save this paper

Patent Pledge and Technological Innovation: The "Good Faith" of Tesla

Author

Listed:
  • Wang, Z.

Abstract

On June 12, 2014, Tesla declared that it would refrain from initiating patent litigation against any party that, in good faith, seeks to utilize its technology. The stated intention behind this move was to stimulate the market for electric vehicles. This research presents the first empirical analysis of the impact of patent pledge for pledgor’s entire patent portfolio as a corporate strategy on both the pledgor's innovation and follow-on innovations. The result indicates that adopting this strategy increased technology similarity for innovations associated with Tesla’s innovation and raised Tesla’s patenting activity, suggesting an expansion of ecosystem surrounding Tesla. Nonetheless, no significant impact has been observed on Tesla's innovation activities and the extensive margin of follow-on innovations, which may be attributed to the good faith condition that distinguishes Tesla's patent pledge from a patent expiration or mandatory royalty-free licensing. This paper offers implications for managers considering incorporating patent pledge in their strategic toolkit to augment their firm’s ecosystem. Meanwhile, policymakers should also treat firms’ patent pledge carefully, including evaluating the social implications of the conditions attached to their patent pledge.

Suggested Citation

  • Wang, Z., 2025. "Patent Pledge and Technological Innovation: The "Good Faith" of Tesla," Cambridge Working Papers in Economics 2532, Faculty of Economics, University of Cambridge.
  • Handle: RePEc:cam:camdae:2532
    as

    Download full text from publisher

    File URL: https://www.econ.cam.ac.uk/sites/default/files/publication-cwpe-pdfs/cwpe2532.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Alessandro Nuvolari, 2004. "Collective invention during the British Industrial Revolution: the case of the Cornish pumping engine," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 28(3), pages 347-363, May.
    2. de Rassenfosse, Gaétan & Palangkaraya, Alfons, 2023. "Do patent pledges accelerate innovation?," Research Policy, Elsevier, vol. 52(5).
    3. Philippe Aghion & Nick Bloom & Richard Blundell & Rachel Griffith & Peter Howitt, 2005. "Competition and Innovation: an Inverted-U Relationship," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 120(2), pages 701-728.
    4. Nicholas Bloom & Mark Schankerman & John Van Reenen, 2013. "Identifying Technology Spillovers and Product Market Rivalry," Econometrica, Econometric Society, vol. 81(4), pages 1347-1393, July.
    5. 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..
    6. Dmitry Arkhangelsky & Susan Athey & David A. Hirshberg & Guido W. Imbens & Stefan Wager, 2021. "Synthetic Difference-in-Differences," American Economic Review, American Economic Association, vol. 111(12), pages 4088-4118, December.
    7. Jaffe, Adam B, 1986. "Technological Opportunity and Spillovers of R&D: Evidence from Firms' Patents, Profits, and Market Value," American Economic Review, American Economic Association, vol. 76(5), pages 984-1001, December.
    8. Arora, Ashish & Ceccagnoli, Marco & Cohen, Wesley M., 2008. "R&D and the patent premium," International Journal of Industrial Organization, Elsevier, vol. 26(5), pages 1153-1179, September.
    9. Martin Watzinger & Thomas A. Fackler & Markus Nagler & Monika Schnitzer, 2020. "How Antitrust Enforcement Can Spur Innovation: Bell Labs and the 1956 Consent Decree," American Economic Journal: Economic Policy, American Economic Association, vol. 12(4), pages 328-359, November.
    10. Richard N. Langlois, 2003. "The vanishing hand: the changing dynamics of industrial capitalism," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 12(2), pages 351-385, April.
    11. Ashesh Rambachan & Jonathan Roth, 2023. "A More Credible Approach to Parallel Trends," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 90(5), pages 2555-2591.
    12. Jacobides, Michael G. & Knudsen, Thorbjorn & Augier, Mie, 2006. "Benefiting from innovation: Value creation, value appropriation and the role of industry architectures," Research Policy, Elsevier, vol. 35(8), pages 1200-1221, October.
    13. Bhaven Sampat & Heidi L. Williams, 2019. "How Do Patents Affect Follow-On Innovation? Evidence from the Human Genome," American Economic Review, American Economic Association, vol. 109(1), pages 203-236, January.
    14. Petra Moser & Alessandra Voena, 2012. "Compulsory Licensing: Evidence from the Trading with the Enemy Act," American Economic Review, American Economic Association, vol. 102(1), pages 396-427, February.
    15. Gerard Hoberg & Gordon Phillips, 2010. "Product Market Synergies and Competition in Mergers and Acquisitions: A Text-Based Analysis," The Review of Financial Studies, Society for Financial Studies, vol. 23(10), pages 3773-3811, October.
    16. Hall, Bronwyn H. & Helmers, Christian, 2013. "Innovation and diffusion of clean/green technology: Can patent commons help?," Journal of Environmental Economics and Management, Elsevier, vol. 66(1), pages 33-51.
    17. Deepak Hegde & Kyle Herkenhoff & Chenqi Zhu, 2023. "Patent Publication and Innovation," Journal of Political Economy, University of Chicago Press, vol. 131(7), pages 1845-1903.
    18. Alberto Abadie, 2021. "Using Synthetic Controls: Feasibility, Data Requirements, and Methodological Aspects," Journal of Economic Literature, American Economic Association, vol. 59(2), pages 391-425, June.
    19. Galasso, Alberto & Schankerman, Mark, 2015. "Patents and cumulative innovation: causal evidence from the courts," LSE Research Online Documents on Economics 61614, London School of Economics and Political Science, LSE Library.
    20. Nuvolari, Alessandro & Sumner, James, 2013. "Inventors, Patents, and Inventive Activities in the English Brewing Industry, 1634–1850," Business History Review, Cambridge University Press, vol. 87(1), pages 95-120, April.
    21. Teece, David J., 2018. "Profiting from innovation in the digital economy: Enabling technologies, standards, and licensing models in the wireless world," Research Policy, Elsevier, vol. 47(8), pages 1367-1387.
    22. Thomas J. Chemmanur & Elena Loutskina & Xuan Tian, 2014. "Corporate Venture Capital, Value Creation, and Innovation," The Review of Financial Studies, Society for Financial Studies, vol. 27(8), pages 2434-2473.
    23. Gerard Hoberg & Gordon Phillips, 2016. "Text-Based Network Industries and Endogenous Product Differentiation," Journal of Political Economy, University of Chicago Press, vol. 124(5), pages 1423-1465.
    24. Jia, Ning & Tian, Xuan, 2018. "Accessibility and materialization of firm innovation," Journal of Corporate Finance, Elsevier, vol. 48(C), pages 515-541.
    25. Wen Wen & Marco Ceccagnoli & Chris Forman, 2016. "Opening Up Intellectual Property Strategy: Implications for Open Source Software Entry by Start-up Firms," Management Science, INFORMS, vol. 62(9), pages 2668-2691, September.
    26. Allen, Robert C., 1983. "Collective invention," Journal of Economic Behavior & Organization, Elsevier, vol. 4(1), pages 1-24, March.
    27. Jiafeng Chen & Jonathan Roth, 2024. "Logs with Zeros? Some Problems and Solutions," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 139(2), pages 891-936.
    28. Mary Tripsas, 1997. "Unraveling The Process Of Creative Destruction: Complementary Assets And Incumbent Survival In The Typesetter Industry," Strategic Management Journal, Wiley Blackwell, vol. 18(S1), pages 119-142, July.
    29. Fabian Gaessler & Dietmar Harhoff & Stefan Sorg & Georg von Graevenitz, 2025. "Patents, Freedom to Operate, and Follow-on Innovation: Evidence from Post-Grant Opposition," Management Science, INFORMS, vol. 71(2), pages 1315-1334, February.
    30. Murray, Fiona & Stern, Scott, 2007. "Do formal intellectual property rights hinder the free flow of scientific knowledge?: An empirical test of the anti-commons hypothesis," Journal of Economic Behavior & Organization, Elsevier, vol. 63(4), pages 648-687, August.
    31. Katalin Springel, 2021. "Network Externality and Subsidy Structure in Two-Sided Markets: Evidence from Electric Vehicle Incentives," American Economic Journal: Economic Policy, American Economic Association, vol. 13(4), pages 393-432, November.
    32. Fiona E. Murray & Scott Stern, 2007. "Do Formal Intellectual Property Rights Hinder the Free Flow of Scientific Knowledge?: An Empirical Test of the Anti-Commons Hypothesis," NBER Chapters, in: Academic Science and Entrepreneurship: Dual Engines of Growth, National Bureau of Economic Research, Inc.
    33. Steven N. Kaplan & Luigi Zingales, 1997. "Do Investment-Cash Flow Sensitivities Provide Useful Measures of Financing Constraints?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 112(1), pages 169-215.
    34. Ron Adner & Rahul Kapoor, 2010. "Value creation in innovation ecosystems: how the structure of technological interdependence affects firm performance in new technology generations," Strategic Management Journal, Wiley Blackwell, vol. 31(3), pages 306-333, March.
    35. Alberto Galasso & Mark Schankerman, 2015. "Patents and Cumulative Innovation: Causal Evidence from the Courts," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 130(1), pages 317-369.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Alberto Galasso & Mark Schankerman, 2015. "Patent Rights, Innovation and Firm Exit," NBER Working Papers 21769, National Bureau of Economic Research, Inc.
    2. Gaessler, Fabian & Harhoff, Dietmar & Sorg, Stefan, 2019. "Bargaining Failure and Freedom to Operate: Re-evaluating the Effect of Patents on Cumulative Innovation," Rationality and Competition Discussion Paper Series 220, CRC TRR 190 Rationality and Competition.
    3. Schankerman, Mark & Galasso, Alberto, 2015. "Patents Rights, Innovation and Firm Exit," CEPR Discussion Papers 10968, C.E.P.R. Discussion Papers.
    4. Mark Schankerman, 2015. "Patents Rights and Innovation by Small and Large Firms," STICERD - Economics of Industry Papers 54, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
    5. Markus Nagler & Monika Schnitzer & Martin Watzinger, 2022. "Fostering the Diffusion of General Purpose Technologies: Evidence from the Licensing of the Transistor Patents," Journal of Industrial Economics, Wiley Blackwell, vol. 70(4), pages 838-866, December.
    6. Nancy Gallini, 2017. "Do patents work? Thickets, trolls and antibiotic resistance," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 50(4), pages 893-926, November.
    7. Kwon, Seokbeom & Marco, Alan C., 2021. "Can antitrust law enforcement spur innovation? Antitrust regulation of patent consolidation and its impact on follow-on innovations," Research Policy, Elsevier, vol. 50(9).
    8. Fabian Gaessler & Dietmar Harhoff & Stefan Sorg & Georg von Graevenitz, 2024. "Patents, Freedom to Operate, and Follow-on Innovation: Evidence from Post-Grant Opposition," Rationality and Competition Discussion Paper Series 494, CRC TRR 190 Rationality and Competition.
    9. Michael Noel & Mark Schankerman, 2013. "Strategic Patenting and Software Innovation," Journal of Industrial Economics, Wiley Blackwell, vol. 61(3), pages 481-520, September.
    10. Dou, Winston Wei & Ji, Yan & Wu, Wei, 2021. "Competition, profitability, and discount rates," Journal of Financial Economics, Elsevier, vol. 140(2), pages 582-620.
    11. Gambardella, Alfonso, 2023. "Private and social functions of patents: Innovation, markets, and new firms," Research Policy, Elsevier, vol. 52(7).
    12. Abhishek Nagaraj, 2018. "Does Copyright Affect Reuse? Evidence from Google Books and Wikipedia," Management Science, INFORMS, vol. 64(7), pages 3091-3107, July.
    13. Perkmann, Markus & Schildt, Henri, 2015. "Open data partnerships between firms and universities: The role of boundary organizations," Research Policy, Elsevier, vol. 44(5), pages 1133-1143.
    14. Fang, Jing & He, Hui & Li, Nan, 2020. "China's rising IQ (Innovation Quotient) and growth: Firm-level evidence," Journal of Development Economics, Elsevier, vol. 147(C).
    15. Puay Khoon Toh & Eugene Pyun, 2024. "Risky business: How standardization as coordination tool in ecosystems impacts firm‐level uncertainty," Strategic Management Journal, Wiley Blackwell, vol. 45(4), pages 649-679, April.
    16. Geng, Heng & Hau, Harald & Lai, Sandy & Liu, Pengfei, 2025. "Does shareholder overlap alleviate patent holdup?," Research Policy, Elsevier, vol. 54(2).
    17. Robin Mamrak, 2023. "Antitrust and (Foreign) Innovation: Evidence from the Xerox Case," Rationality and Competition Discussion Paper Series 396, CRC TRR 190 Rationality and Competition.
    18. Yuliya Snihur & Christoph Zott & Raphael (Raffi) Amit, 2021. "Managing the Value Appropriation Dilemma in Business Model Innovation," Strategy Science, INFORMS, vol. 6(1), pages 22-38, March.
    19. James E. Bessen, 2010. "Communicating Technical Knowledge," Levine's Working Paper Archive 661465000000000308, David K. Levine.
    20. Bohnsack, René & Rennings, Michael & Block, Carolin & Bröring, Stefanie, 2024. "Profiting from innovation when digital business ecosystems emerge: A control point perspective," Research Policy, Elsevier, vol. 53(3).

    More about this item

    Keywords

    Patent Pledge; Intellectual Property Strategy; Ecosystem; Invention Diffusion; Electric Vehicles; Tesla;
    All these keywords.

    JEL classification:

    • O30 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - General
    • O32 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Management of Technological Innovation and R&D
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

    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:cam:camdae:2532. See general information about how to correct material in RePEc.

    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 bibliographic 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.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Jake Dyer (email available below). General contact details of provider: https://www.econ.cam.ac.uk/ .

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

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.