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Patent Pools, Litigation and Innovation

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  • Jay Pil Choi
  • Heiko Gerlach

Abstract

This paper analyzes patent pools and their effects on innovation incentives. It is shown that the pro-competitive effects of patent pools for complementary patents naturally extend for dynamic innovation incentives. However, this simple conclusion may not hold if we entertain the possibility that patents are probabilistic and can be invalidated in court. In such a case, the licensing fees reflect the strength of patents. Patent pools of complementary patents can be used to discourage litigation by depriving potential licensees of the ability to selectively challenge patents and making them committed to a proposition of all-or-nothing in patent litigation. We show that if patents are sufficiently weak, patent pools with complementary patents reduce social welfare as they charge higher licensing fees and chill subsequent innovation incentives.

Suggested Citation

  • Jay Pil Choi & Heiko Gerlach, 2013. "Patent Pools, Litigation and Innovation," CESifo Working Paper Series 4429, CESifo Group Munich.
  • Handle: RePEc:ces:ceswps:_4429
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    References listed on IDEAS

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    1. Schankerman, Mark & Scotchmer, Suzanne, 2001. "Damages and Injunctions in Protecting Intellectual Property," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 199-220, Spring.
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    Cited by:

    1. repec:bla:randje:v:49:y:2018:i:3:p:656-671 is not listed on IDEAS
    2. Chryssoula Pentheroudakis & Justus A. Baron, 2016. "Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases," JRC Working Papers JRC104068, Joint Research Centre (Seville site).
    3. Jay Pil Choi & Heiko Gerlach, 2015. "Patent pools, litigation, and innovation," RAND Journal of Economics, RAND Corporation, vol. 46(3), pages 499-523, September.
    4. Jeon, Doh-Shin & Lefouili, Yassine, 2015. "Cross-Licensing and Competition," IDEI Working Papers 850, Institut d'Économie Industrielle (IDEI), Toulouse.
    5. repec:eee:indorg:v:57:y:2018:i:c:p:1-34 is not listed on IDEAS
    6. Reisinger, Markus & Tarantino, Emanuele, 2016. "Patent Pools in Input Markets," CEPR Discussion Papers 11512, C.E.P.R. Discussion Papers.

    More about this item

    Keywords

    patent pools; probabilistic patent rights; patent litigation; complementary patents;

    JEL classification:

    • O30 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - General
    • L10 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - General
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • D80 - Microeconomics - - Information, Knowledge, and Uncertainty - - - General
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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