nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2020‒08‒10
three papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs By Bernhard Ganglmair; Christian Helmers; Brian J. Love
  2. Automating Labor: Evidence from Firm-level Patent Data By Dechezleprêtre, Antoine; Hémous, David; olsen, morten; Zanella, carlo
  3. Acquisition for Sleep By Norbäck, Pehr-Johan; Olofsson, Charlotta; Persson, Lars

  1. By: Bernhard Ganglmair; Christian Helmers; Brian J. Love
    Abstract: We analyze the extent to which private defensive litigation insurance deters patent assertion by non-practicing entities (NPEs). We study the effect that a patent-specific defensive insurance product, offered by a leading litigation insurer, had on the litigation behavior of insured patents' owners, all of which are NPEs. We first model the impact of defensive litigation insurance on the behavior of patent enforcers and accused infringers. We show that the availability of defensive litigation insurance can have an effect on how often patent enforcers will assert their patents. We confirm this result empirically showing that the insurance policy had a large, negative effect on the likelihood that a patent included in the policy was subsequently asserted relative to other patents held by the same NPEs and relative to patents held by other NPEs with portfolios that were entirely excluded from the insurance product. Our findings suggest that market-based mechanisms can deter so-called "patent trolling."
    Keywords: NPEs, patents, insurance, litigation
    JEL: G22 K41 O34
    Date: 2020–07
    URL: http://d.repec.org/n?u=RePEc:bon:boncrc:crctr224_2020_196&r=all
  2. By: Dechezleprêtre, Antoine; Hémous, David; olsen, morten; Zanella, carlo
    Abstract: Do higher wages lead to more automation innovation? To answer this question, we first introduce a new measure of automation by using the frequency of certain keywords in patent text to identify automation innovations in machinery. We validate our measure by showing that it is correlated with a reduction in routine tasks in a cross-sectoral analysis in the US. Then we build a firm-level panel dataset on automation patents. We combine macroeconomic data from 41 countries and information on geographical patent history to build firm-specific measures of low-skill and high-skill wages. We find that an increase in low-skill wages leads to more automation innovation with an elasticity between 2 and 4. An increase in high-skill wages tends to reduce automation innovation. Placebo regressions show that the effect is specific to automation innovations. Finally, we use the Hartz labor market reforms in Germany for an event study and find that they are associated with a relative reduction in automation innovations.
    Keywords: automation; Income inequality; Innovation; patents
    JEL: J20 O31 O33
    Date: 2019–12
    URL: http://d.repec.org/n?u=RePEc:cpr:ceprdp:14249&r=all
  3. By: Norbäck, Pehr-Johan; Olofsson, Charlotta; Persson, Lars
    Abstract: Within the policy debate, there is a fear that large incumbent firms buy small firms' inventions to ensure that they are not used in the market. We show that such "acquisitions for sleep" can occur if and only if the quality of a process invention is small; otherwise, the entry profit will be higher than the entry-deterring value. We then show that the incentive for acquiring for the purpose of putting a patent to sleep decreases when the intellectual property law is stricter because the profit for the entrant then increases more than the entry-deterring value does.
    Keywords: Acquisitions; Innovation; IP law; ownership; Sleeping patents
    JEL: G24 L1 L2 M13 O3
    Date: 2019–12
    URL: http://d.repec.org/n?u=RePEc:cpr:ceprdp:14172&r=all

This nep-ipr issue is ©2020 by Giovanni Ramello. It is provided as is without any express or implied warranty. It may be freely redistributed in whole or in part for any purpose. If distributed in part, please include this notice.
General information on the NEP project can be found at http://nep.repec.org. For comments please write to the director of NEP, Marco Novarese at <director@nep.repec.org>. Put “NEP” in the subject, otherwise your mail may be rejected.
NEP’s infrastructure is sponsored by the School of Economics and Finance of Massey University in New Zealand.