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on Intellectual Property Rights |
| By: | Della Malva, Antonio; Hussinger, Katrin |
| Abstract: | Corporate scientific publications are often presented as a strategic means for firms to create prior art with the objective to prevent others from patenting related inventions. This presumes that corporate publications enter the pool of prior art which is relevant to judge the novelty of patent applications at the patent office and that corporate science has the power to block patent applications. This paper analyses for the first time whether the presumed mechanism behind corporate publications as a means to preempt patents works. With focus on the semiconductor technology our results show that scientific publications by corporations challenge the novelty of patent applications at the European Patent Office (EPO) significantly more than other pieces of prior art. Detailed information from the EPO patent examination procedure allows us to show that corporate publications threaten the novelty of patent applications if combined with other pieces of prior art like patents (rather than as standalone documents). This supports the view that corporate scientific publishing can be an effective means for firms to protect their freedom to operate if used as a complementary part of a firms' overall IP protection strategy as proposed by scholars in the field of law and management science. -- |
| Keywords: | defensive corporate publishing,freedom to operate,patents,semiconductor |
| JEL: | O34 O32 |
| Date: | 2010 |
| URL: | http://d.repec.org/n?u=RePEc:zbw:zewdip:10098&r=ipr |
| By: | Jérôme Danguy; Gaétan de Rassenfosse; Bruno Van Pottelsberghe |
| Abstract: | This paper aims at contributing to the literature on the relationship between research efforts and patent counts. It is claimed that the “propensity-to-patent” should be split into an “appropriability propensity” and a “strategic propensity”. The empirical contribution is based on a unique panel dataset composed of 18 industries in 19 countries over 19 years, and relies on five alternative patent indicators. The results confirm that the distinction between the two types of propensity matter. The sharp increase in patenting observed in most patent offices seems to be due to greater internationalization of patents rather than to a burst in innovations. |
| Keywords: | propensity to patent, strategic propensity, appropriability,; research productivity |
| Date: | 2011–01 |
| URL: | http://d.repec.org/n?u=RePEc:eca:wpaper:2013/73257&r=ipr |
| By: | Korkeamäki, Timo; Takalo, Tuomas |
| Abstract: | We estimate the private value of Apple’s iPhone by observing abnormal stock market reactions to news announcements and patent publications related to the innovation. Our estimate of the lower bound on the market valuation of iPhone is fairly high, at minimum 30 billion U.S. (event day) dollars. We find that patentable technology explains about 25% of that total value. We also find a weak negative reaction among Apple’s rivals to the news about iPhone but no significant reaction to the publication of patent documents concerning iPhone can be observed. The evidence suggests that the value of iPhone primarily stems from Apple’s management and marketing abilities and efforts rather than from underlying "hard" technologies and intellectual property. |
| Keywords: | innovation; R&D; patent; iPhone; valuation |
| JEL: | G14 O34 O32 |
| Date: | 2010–12–28 |
| URL: | http://d.repec.org/n?u=RePEc:pra:mprapa:28042&r=ipr |
| By: | Fernández de Pinedo, Nadia (Departamento de Análisis Económico (Teoría e Historia Económica). Universidad Autónoma de Madrid); Pretel, David (Trinity Hall. University of Cambridge); Saiz, J. Patricio (Departamento de Análisis Económico (Teoría e Historia Económica). Universidad Autónoma de Madrid) |
| Abstract: | This article examines the relationship between colonialism and technology transfer via the study of nineteenth century Cuban institutions dedicated to the stimulation of innovative activity, particularly the patent system. Preliminary findings suggest three noteworthy claims. First, during the nineteenth century Cuban Creole elites set up a ‘Colonial Innovation System’ made up of ‘sub-imperial’ institutions autonomously administered in a context where rival Atlantic empires functioned as a ‘shadow’ economic metropolis of Cuba. Second, despite having the same patent laws as metropolitan Spain, Cuban sugar elites obtained practical control and management of the patent sub-institution on the island. Third, this achievement led to an autonomous functioning of the patent system in Cuba that allowed sugar-mill owners to participate actively in the global networks of technological exchange and to generate higher levels of patent activity than in metropolitan Spain. |
| Keywords: | patents, sugar industry, colonialism, sub-imperial institutions, technology transfer. |
| JEL: | N46 N76 O31 O34 O38 O54 |
| Date: | 2010–10 |
| URL: | http://d.repec.org/n?u=RePEc:uam:wpapeh:201101&r=ipr |
| By: | Schmiele, Anja |
| Abstract: | This paper aims at analysing the risk of intellectual property (IP) infringements by competitors from abroad and in particular whether this risk is higher for international innovating firms. We distinguish three different types of IP infringements from abroad: the usage of firms' technical inventions, product piracy and copying of corporate names and designs. Our analysis rests on the German data from the Europe-wide Community Innovation Survey (CIS). We use a unique data set of about 900 observations which are retrieved from two survey waves. While the earlier wave contains information about international and domestic innovation activities the later wave reports IP infringements. In a second analysis, the likelihood of infringements from innovation host countries and no innovation host countries abroad is examined. Before the empirical analysis, an explorative study has been carried out in China with interviews of German firms with innovation activities in China and with a legal advisor for small and medium sized German enterprises. The results show that firms with international R&D activities are increasing their chances to lose technological knowledge to their local competitors abroad. R&D activities in countries with weak intellectual property rights increase the risk for all types of infringement. Infringements by competitors from the host country are driven by the production of innovations in this country. Export intensity is the major driver of infringements from no innovation host countries. R&D activities in China and North America also increase the risk of an infringement. However, firms that innovate only in their home country experience significantly more product piracy cases than internationally innovating firms. -- |
| Keywords: | R&D,innovation,internationalisation,intellectual property,infringement |
| JEL: | O32 O34 F23 |
| Date: | 2010 |
| URL: | http://d.repec.org/n?u=RePEc:zbw:zewdip:10099&r=ipr |
| By: | Antti-Jussi Tahvanainen; Raine Hermans |
| Abstract: | This inductive case study of 7 US university technology transfer offices (TTOs) examines the value added that TTOs contribute to university-industry technology transfer (UITT ). We therefore (i) characterize a set of central organizational TTO practices, (ii) describe how TTOs systemically manage intangible resources to generate these practices, and (iii) describe the conceptual mechanisms through which the practices add value to UITT. The results form an inductive framework that establishes the TTO as (i) a process catalyst that lowers the threshold of UITT stakeholders to engage in technology transfer and to maintain its sustainability, (ii) a knowledge converter that enables congruence between university technology and market needs, and (iii) an impact amplifier that alleviates problems related to the opportunistic incentive structures of UITT stakeholders and maximizes societal impact. The study thus provides new insights into the internal logic of the TTO production function by qualitatively expanding and refining our understanding of the value added generated by TTOs and by helping to comprehend the relationship between inputs and outputs that underlie it. |
| Keywords: | university-industry technology transfer, technology transfer office, organizational practices, intellectual capital, knowledge management |
| JEL: | O31 O32 O33 |
| Date: | 2011–01–12 |
| URL: | http://d.repec.org/n?u=RePEc:rif:dpaper:1236&r=ipr |
| By: | Antti-Jussi Tahvanainen; Tuomo Nikulainen |
| Abstract: | For developed countries, continuous innovation has been a prerequisite for economic growth for some time. Because radical innovations often require considerable slack and freedom in researching the relevant underlying phenomena, universities are considered the primary loci for generating knowledge leading to radical leaps in the development of platforms on which future technologies build. Thus, to facilitate the improvement of premises for university research and its application in industry, much effort has been spent on understanding university innovation processes and the transfer of technology between universities and companies. Much of the research and the related discussions have been conducted on either the national, regional or organizational levels. The focus on institutional actors has largely orphaned another fundamentally important actor : the individual researcher. This report examines individual university researchers and their role in the commercialization of research in Finland. Based on a survey of roughly 2800 researchers active in different fields of science at 11 Finnish research universities, this report covers a variety of topics ranging from university-industry collaboration to ownership of intellectual property and the commercialization services provided to researchers. The primary theme uniting these topics, however, is the subjective motivation for researchers to engage in the commercialization of their research. Why do researchers cooperate with companies, and how do they expect to benefit from collaboration? What are the reasons why some researchers to commercialize their results, while others distance themselves from such endeavors? Do certain dedicated university services support researchers in their commercial ambitions or actually inhibit them? These are the specific questions this report seeks to descriptively answer. The results establish that commercial motives play only a minor role in the various activities in which researchers engage. For instance, potential commercial aspects have almost no impact on the choice of a researcher’s research orientation. Furthermore, direct industrial collaboration is relatively uncommon among researchers. Even those researchers that have experience with industry collaboration reported that collaboration mostly serves academic ends such as securing research funding and searching for new research ideas. In addition, only 10% of all researchers have received complementary business education. Given that approximately 40% of researchers are believed to have produced inventions with commercial potential, 10% seems a fairly small share. This is also reflected in the researchers’ clear lack of familiarity with the principles that govern the allocation of ownership rights to inventions that arise from academic research, a prerequisite to any commercial endeavors. In parallel with these findings, the propensity of researchers to commercialize their results is much less affected by economic factors such as potential economic returns than it is by altruistic, socio-cultural, or personal motives. This makes designing proper incentive mechanisms difficult. The three most important factors mentioned by inventors who have made the decision to facilitate the commercialization of their inventions include (i) the inventions’ potential to have a beneficial impact on society, (ii) the researchers’ ambition of self-fulfillment and (iii) securing funding for academic research. Societal goals and reasons related to pure intrinsic ambition seem to dominate other motives. It seems that commercialization and related economic aspects bear little value to researchers. Regarding support in commercialization, Finnish researchers are quite satisfied with the services provided to them by their respective research and innovation service units. Only a closer look at the possible needs of researchers and the degree that the service units match these needs through services reveals the true challenges regarding the operation of the units. In fact, the match between needs and provided services seems to be rather weak, and many researchers indicate that they do not need most of the services in the first place. This leads to only one conclusion : the service units are not an integral part of the university culture as yet. Being satisfied with services that do not match needs tells us that researchers have not yet embraced such services as a relevant part of their work or of the technology transfer process. To remedy this situation, much emphasis needs to be put on communicating the range of available services to the research community. This is a first step. The second step would be to design a set of services that address the true needs and ambitions of researchers and provide proper incentives for researchers to participate in the transfer of their research results. |
| Keywords: | commercialization of research, university-industry collaboration, motives for commercialization, challenges of commercialization, innovation support services |
| JEL: | O30 O38 O33 O34 |
| Date: | 2011–01–12 |
| URL: | http://d.repec.org/n?u=RePEc:rif:dpaper:1234&r=ipr |
| By: | Waters, James |
| Abstract: | This paper adds to the literature on the Sarbanes-Oxley Act's net effects by looking at whether its passage was associated with a change in innovation and patenting. Its effects are separated into temporary uncertainty and changes in long term investment incentives in a dynamic programming problem faced by innovators who learn over time about SOX's effect. Innovation is found to fall under uncertainty for potential losses that are low relative to the potential profits. As companies learn, innovation rates readjust to SOX's long term persistent effect. We examine US patenting in stem cell technologies from 2001 to 2009 for SOX related changes. To reduce the dependence of our estimates on timing assumptions, we look for changes over the whole period. We firstly use a rolling break test with a single break point with Monte Carlo correction to p-values for search process endogeneity and MLE bias. Secondly, we run a hidden Markov model allowing for multiple states in the patent process and transitions between the states. We find a large and statistically significant change at a date consistent with a SOX effect under both testing methods. A three state hidden Markov model finds subsequent correction consistent with the theoretical model. Four competing explanations are found to account incompletely for the observed data. |
| Keywords: | Sarbanes-Oxley; investment; innovation; patents |
| JEL: | K2 O31 D92 |
| Date: | 2011–01–11 |
| URL: | http://d.repec.org/n?u=RePEc:pra:mprapa:28072&r=ipr |