nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2022‒10‒17
six papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. On the way from invention to innovation: the role of applicant and inventor team characteristics By Mariia Shkolnykova
  2. Patenting Inventions or Inventing Patents? Continuation Practice at the USPTO By Cesare Righi; Timothy Simcoe
  3. Truly Standard-Essential Patents? A Semantics-Based Analysis By Brachtendorf, Lorenz; Gaessler, Fabian; Harhoff, Dietmar
  4. Comprehensive Patent Data of the German Democratic Republic 1949-1990 — technical report and dataset overview By Ann Hipp; Michael Fritsch; Maria Greve; Jutta Günther; Marcel Lange; Christian Liutik; Beate Pfeifer; Mariia Shkolnykova; Michael Wyrwich
  5. Characterising science-industry patent collaborations: knowledge base, impact and economic value By Ugo RIZZO; Valerio STERZI
  6. Does Host Country Intellectual Property Protection Matter for Technology-Intensive Import Flows? By Ridwan Ah Sheikh; Sunil Kanwar

  1. By: Mariia Shkolnykova
    Abstract: This paper investigates the impact of applicant and inventor team composition on patent commercialization in form of product creation. It outlines the importance of applicant and inventor team characteristics, i.e. specifically, size and internationality, on the speed of market authorization of a patent-related product and on the product quality. The analysis is performed for the European pharmaceutical industry. The product data is taken from the European Medicines Agency website for the period 2010-2019. Manual patent-product concordance is established with the help of the Pat-INFORMED database from the World Intellectual Property Organization and the Health Canada database. The created dataset presents combined data on patent and product characteristics. Results from an accelerated failure time model show that larger applicant teams as well as the presence of international applicants and inventors decelerate the market authorization of patent-related products. Results of the probit analysis show that larger inventor teams lead to patents of higher quality.
    Keywords: Patent, commercialization, pharmaceutical industry, survival analysis, probit regression
    JEL: O31 O34 L65
    Date: 2021–12
  2. By: Cesare Righi; Timothy Simcoe
    Abstract: Continuations allow inventors to add new claims to old patents, leading to concerns about inadvertent infringement and holdup. We study the use of continuations to obtain standard essential patents (SEPs), a setting where patents are easily linked to possibly infringing technology. Continuation filings increase after standard publication. This effect is larger when patent examiners are more lenient, and for applicants with licensing-based business models. Claims of SEPs also become more similar after standard publication, and late claiming is positively correlated with litigation. Our findings suggest widespread use of continuations to \invent patents" that are infringed by already-published standards.
    Keywords: patents, standards, standard essential patents, continuations
    JEL: K11 L15 O34 O38
    Date: 2022–02
  3. By: Brachtendorf, Lorenz (MPI-IC and LMU Munich); Gaessler, Fabian (MPI-IC Munich); Harhoff, Dietmar (MPI-IC and LMU Munich)
    Abstract: Standard-essential patents (SEPs) have become a key element of technical coordination in standard-setting organizations. Yet, in many cases, it remains unclear whether a declared SEP is truly standard-essential. To date, there is no automated procedure that allows for a scalable and objective assessment of SEP status. This paper introduces a semantics-based method for approximating the standard essentiality of patents. We provide details on the procedure that generates the measure of standard essentiality and present the results of several validation exercises. In a first empirical application we illustrate the measure’s usefulness in estimating the share of true SEPs in firm patent portfolios for several mobile telecommunication standards. We find firm-level differences that are statistically significant and economically substantial. Furthermore, we observe a general decline in the average share of presumably true SEPs between successive standard generations.
    Keywords: patents; standards; standard essentiality; standard-setting organizations;
    JEL: L24 O33 O34
    Date: 2020–12–22
  4. By: Ann Hipp (University of Bremen, Germany); Michael Fritsch (Friedrich Schiller University Jena, Germany); Maria Greve (Friedrich Schiller University Jena, Germany, and University of Groningen, The Netherlands); Jutta Günther (University of Bremen, Germany); Marcel Lange (University of Bremen, Germany); Christian Liutik (Friedrich Schiller University Jena, Germany); Beate Pfeifer (Friedrich Schiller University Jena, Germany); Mariia Shkolnykova (University of Bremen, Germany); Michael Wyrwich (Friedrich Schiller University Jena, Germany, and University of Groningen, The Netherlands)
    Abstract: This paper documents the generation and the content of the Comprehensive Patent Database (CPDB) of the German Democratic Republic (GDR) (1949-1990), Version 1.1, which is freely available at GESIS The database contains all patents granted in the GDR and published by the Office of Inventions and Patents (AfEP, later: German Patent and Trade Mark Office/DPMA) in the period between 1 January 1939 (application before but granted in the GDR) and 29 June 2006 (application in but granted after the GDR). The core database covers the years 1950 to 1990 and contains 24 variables with manually cleaned and processed information on a total of 261,822 unique patents of the GDR. The data was collected and prepared for the purpose of research on innovation activity in the GDR.
    Keywords: Patent data, German Democratic Republic (GDR), invention
    JEL: O31 O33 P29 P39 B24
    Date: 2022–09–17
  5. By: Ugo RIZZO; Valerio STERZI
    Abstract: In this article, we analyse the characteristics of science-industry patents with respect to non-collaborative industry patents and industry-industry collaborative patents. This analysis covers patents filed in the years 1978-2015 (and granted up to 2020) at the European Patent Office (EPO) in four large European countries (Germany, France, Italy and the UK) and in the US. We consider three dimensions to assess the characteristics of patents: the knowledge base, the technological impact, and the economic value. Science-industry collaborative patents are averagely more sophisticated and similar or higher impact than other industry patents. However, depending on the proxy chosen, they are of similar or lower economic value compared to non-collaborative industry patents and to industry-industry collaborative patents. When we control for the experience of private companies in collaborating with academic institutions, we observe that more experienced collaborations produce slightly less sophisticated and impactful patents, but with higher economic value. We discuss different explanations of these findings.
    Keywords: University patent, patent value, patent collaboration, Science-Industry
    JEL: O31 O34
    Date: 2022
  6. By: Ridwan Ah Sheikh (Department of Economics, Delhi School of Economics); Sunil Kanwar (Department of Economics, Delhi School of Economics)
    Abstract: Using disaggregated industry level data for 1976-2019, we find, unlike much of the received literature, that patent rights have a strong positive effect on developing country knowledge-intensive imports. Using the new gravity model of Anderson-van Wincoop, there is strong evidence of a market expansion effect across knowledge-intensive industries. The overall elasticity of knowledge-intensive imports w.r.t patent rights is 0.28, with considerable variation across industries, being 0.55 for electronics, 0.44 for rubber manufactures, and 0.32 for pharmaceuticals. This increase in imports appears to be (mainly) driven by quantity increases, not just price increases. Our results survive multiple robustness checks. Key Words: Imports, Intellectual property rights, Gravity model, Multilateral resistance JEL Codes: F13, F14, O34
    Date: 2022–09

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