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Patents Rights and Innovation by Small and Large Firms

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  • Galasso, Alberto
  • Schankerman, Mark

Abstract

This paper studies the causal impact of patents on subsequent innovation by the patent holder. The analysis is based on court invalidation of patents by the U.S. Court of Appeals for the Federal Circuit, and exploits the random allocation of judges to control for the endogeneity of the judicial decision. Patent invalidation leads to a 50 percent decrease in patenting by the patent holder, on average, but the impact depends critically on characteristics of the patentee and the competitive environment. The effect is entirely driven by small innovative firms in technology fields where they face many large incumbents. Invalidation of patents held by large firms does not change the intensity of their innovation but shifts the technological direction of their subsequent patenting.

Suggested Citation

  • Galasso, Alberto & Schankerman, Mark, 2015. "Patents Rights and Innovation by Small and Large Firms," CEPR Discussion Papers 10968, C.E.P.R. Discussion Papers.
  • Handle: RePEc:cpr:ceprdp:10968
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    Cited by:

    1. Suma S. Athreye & Claudio Fassio & Stephen Roper, 2021. "Small firms and patenting revisited," Small Business Economics, Springer, vol. 57(1), pages 513-530, June.
    2. Talia Bar & Brendan Costello, 2017. "Patent Validity Challenges and The America Invents Act," Working papers 2017-21, University of Connecticut, Department of Economics, revised May 2018.
    3. 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.
    4. Nagler, Markus & Watzinger, Martin & Fackler, Thomas & Schnitzer, Monika, 2016. "Antitrust, Patents, and Cumulative Innovation: Evidence from Bell Labs," VfS Annual Conference 2016 (Augsburg): Demographic Change 145580, Verein für Socialpolitik / German Economic Association.
    5. Watzinger, Martin & Fackler, Thomas A. & Nagler, Markus, 2017. "How Antitrust Enforcement Can Spur Innovation," Rationality and Competition Discussion Paper Series 4, CRC TRR 190 Rationality and Competition.

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    More about this item

    Keywords

    courts; innovation; patents;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L24 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Contracting Out; Joint Ventures
    • 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
    • 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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