nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2021‒01‒04
five papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Patent assertion entities and patent ownership transparency: strategic recording of patent transactions at the USPTO By Valerio STERZI
  2. From Discovery to Commercialization: Accretive Intellectual Property Strategies among Small, Knowledge-Based Firms By Hayter, Christopher; Link, Albert
  3. Firm Patenting and Types of innovation in Least Developed Countries. An Empirical Investigation on Patenting Determinants By Mounir Amdaoud; Christian Le Bas
  4. Lady Ada: Limor Fried, Adafruit Industries, Intellectual Property and Open Source Hardware By Rimmer, Matthew
  5. Standard-Essential Patents and Incentives for Innovation By Wipusanawan, Chayanin

  1. By: Valerio STERZI
    Abstract: Many PAEs hide behind dozens of unknown subsidiaries or shell companies with obscure ownership. Meanwhile, the United States Patent and Trademark Office (USPTO), like many other patent offices, does not impose a strict time period for recording the change of ownership of a patent, allowing the holder to gain an advantage by controlling the timing of its ownership disclosure. In this paper we analyze recording lags in patent transactions (defined as the time lag from the execution of the patent assignment to USPTO recording) and show that PAEs strategically notify the patent office of the transaction as a function of their litigation strategies. In particular, OLS estimates suggest that for every ten days that separate the date of the start of the litigation from the execution of the patent transaction, PAEs delay the recordation of the transaction by almost four days (while the lag is about two days when the assignee is a product company). Longer recording lags are especially,associated with transactions related to patents transferred to PAEs in the ICT sector, that are litigated in the District Court in the Eastern District of Texas and that are acquired by PAEs through unknown subsidiaries.
    Keywords: Non-practicing entities; Patent trolls; Patent litigation; Patent ownership transparency
    JEL: O31 O34 D23
    Date: 2020
  2. By: Hayter, Christopher (Arizona State University); Link, Albert (University of North Carolina at Greensboro, Department of Economics)
    Abstract: This paper explores the use of publications and patents and their covariates among small, knowledge-based firms pursuing technology commercialization. It does so through an empirical examination of 1180 small firms’ R&D projects, all of which were funded through Phase II U.S. Small Business Innovation Research (SBIR) awards. As such, the paper responds to recent calls to investigate not only how small, knowledge-based firms utilize specific IP strategies, but also how accretive logic specifically differs from competitive publishing and patenting logic.
    Keywords: Patents; Publications; Intellectual property; R&D; Strategy;
    JEL: L21 L26 O32 O34
    Date: 2020–12–14
  3. By: Mounir Amdaoud (CEPN - Centre d'Economie de l'Université Paris Nord - CNRS - Centre National de la Recherche Scientifique - Université Sorbonne Paris Nord - USPC - Université Sorbonne Paris Cité - LABEX ICCA - UP13 - Université Paris 13 - Université Sorbonne Nouvelle - Paris 3 - CNRS - Centre National de la Recherche Scientifique - UP - Université de Paris - Université Sorbonne Paris Nord); Christian Le Bas
    Abstract: This paper aims to account for the determinants of firm patenting behaviour in developing countries. The literature has accumulated numerous evidence and trends as far as developed countries' firm patenting is concerned. However, only a small amount of information concerning least developed countries' firm patenting is available. With the present study we wish to fill this gap creatively. The core assumption of this paper is that the occurrence of firm patenting is positively related with innovation strategies. As a result we place the emphasis on the diverse ways to innovate and account for the effects on a firm's probability to patent. Our findings indicate that despite the weaknesses of their patenting system in least developed countries (LDCs) there is no huge gap between the determinants of patenting behaviour from firms in these countries, and those the literature considers to be important for developed countries firms.
    Keywords: Patent,appropriation,innovation,developing economies. JEL Codes : O31,O32,O33,O34
    Date: 2020–12–12
  4. By: Rimmer, Matthew (Queensland University of Technology)
    Abstract: Refereed Article: Matthew Rimmer, 'Lady Ada: Limor Fried, Adafruit Industries, Intellectual Property and Open Source Hardware' (2020) Journal of Intellectual Property Law and Practice
    Date: 2020–12–01
  5. By: Wipusanawan, Chayanin (Tilburg University, Center For Economic Research)
    Keywords: standardisation; standard-essential patents; FRAND; innovation incentives
    Date: 2020

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