Contributing to markets for technology? A comparison of patent filing motives of individual inventors,small companies and universities

We compare patenting motives of individual inventors, small firms, and universities to those of large firms. We use data from a survey (641 responses) among applicants at the European Patent Office. Our results from regression and factor analyses confirm significant differences among applicant types. The generation of licensing opportunities is rated as being more important if the applicant is a university, individual inventor or small firm. Blocking and prevention of imitation is rated as being less important if the applicant is a university. We interpret that this finding results from the universities' willingness to license under adequate conditions and their tendency not to use their patents for preventing the diffusion of their technology and its usage by others. Individual inventors and small firms place a higher importance on using patents as signals to investors, suggesting that patents are perceived as useful to secure access to the capital necessary to start or grow a business. Among all applicant groups, individual inventors attribute the most importance to blocking as a patent filing motive. This gives cause for concern because individuals who do not manufacture products on their own but, rather, use their patents to block others from production act as patent trolls.     

Who Creates Stable Jobs? Evidence from Brazil

Recent research shows that start‐ups are important for job creation, but these firms are also inherently volatile. We use linked employer–employee data to examine the relative importance of firm age and firm size for job creation and destruction in Brazil. Firm age is a more important determinant of job creation in Brazil than firm size; young firms and start‐ups create a relatively high number of jobs. However, young firms are also more likely to exit the market and have higher levels of employment volatility. We, therefore, condition the job creation analysis on job stability. Young firms and large firms create relatively more stable jobs in Brazil.     

Are patent fees effective at weeding out low‐quality patents?

The paper investigates whether patent fees are an effective mechanism to deter the filing of low‐quality patent applications. The study analyzes the effect on patent quality of the Patent Law Amendment Act of 1982, which resulted in a substantial increase in patenting fees at the U.S. Patent and Trademark Office. Results from a series of difference‐in‐differences regressions suggest that the increase in fees led to a weeding out of low‐quality patents. About 10% of patents in the lowest quality decile were filtered out, with the effect concentrated in the patents of firms whose overall patent portfolio was medium to large (more than 20 patents). The study has strong policy implications in the current context of concerns about declines in patent quality.     

How do Scientists Contribute to the Performance of Innovative Start‐ups? An Imprinting Perspective on Open Innovation

Our study illustrates how scientists contribute to the performance of innovative start‐ups through an analysis of 211 Italian start‐ups with and without scientist founders. Building upon imprinting theory, we hypothesize and find that scientists provide an advantage to innovative start‐ups to the extent that they stimulate open innovation (i.e., search breadth and depth). However, for this to effectively occur, the involvement of multiple scientist founders is needed, so that their career imprints internalized in the lab are successfully transferred to the start‐up. Moreover, if the start‐up embraces business practices (i.e., strategic planning) or departs from scientific logics (i.e., pursuing non‐commercial goals), scientists’ contribution is further increased. Therefore, our study illustrates how the scientist career imprint can provide an advantage to innovative start‐ups with multiple scientists, but also how it can act as a rigidity if the start‐up does not pursue strategic planning or emphasizes non‐commercial goals.     

The economic value of patent portfolios

Patent holders may choose to protect innovations with single patents or to develop portfolios of multiple, related patents. We propose a decision‐making model in which patent holders allocate resources to either expanding the number of related patents or investing in higher value of patents in the portfolio. We estimate the derived value equation using portfolio value data from an inventor survey at the level of individual inventions rather than the firm as a whole. We find that investments in individual inventions exhibit diminishing returns, and that a good part of the value of a portfolio depends on adding new patented inventions. Also, while diminishing returns to individual inventions are stable across subsamples, the returns to portfolio size vary between complex and discrete industries, and between inventions that are science‐based or driven by customer information. When firms seek to strengthen appropriability, the returns to an increase of portfolio size are not different from the sample average. Thus, a higher number of inventions in a portfolio may reflect both stronger appropriability via patents and genuine creation of value.     

Corporate Venture Capital,Disembodied Experimentation and Capability Development

Studies invoking a capabilities lens often ascribe deliberateness in organizational decisions to develop new capabilities. Drawing on five longitudinal case studies of large, global firms in the information and communication technology sector, we examine how firms engender cognizance of their future capability needs in situations characterized by high decision‐making uncertainty. We develop a theoretical account of how firms use investments in start‐ups to actively engage in experimentation outside organizational boundaries, a learning process which we term as disembodied experimentation. Disembodied experimentation creates awareness of voids in the capability base of an incumbent and helps to overcome inertial restraints thereby influencing the decision to invest in capability development. The relationship between learning from disembodied experimentation and the decision to develop capabilities is moderated by knowledge brokering functions and adaptation complexity.     

奇虎360科技有限公司专利管理地图分析

专利战略对于企业取得经济利益、获取竞争优势有着重要作用。本文运用专利管理地图分析方法,对奇虎360科技有限公司的专利类型、专利年代趋势、技术领域构成、主要发明人和主要竞争对手进行了分析:奇虎科技专利申请以发明专利为主,专利申请质量较高;主要集中在电学和物理两大技术领域;奇虎360发明人研发实力较强,其专利技术生命周期正处在由发展期向成熟期转变阶段。在互联网安全专利竞争领域,奇虎科技相对直接竞争对手占较大优势。文章最后对未来360专利战略的专利申请数量质量、专利人力资源管理、专利竞争对手监控、以及应对专利侵权纠纷方面提出相关建议。     

Dynamics of Inventor Networks and the Evolution of Technology Clusters

Clusters are important drivers of regional economic growth. Although their benefits are well recognized, research into their evolution is still ongoing. Most real‐world clusters seem to have emerged spontaneously without deliberate policy interventions, each cluster having its own evolutionary path. Since there is a significant gap in our understanding of the forces driving their evolution, this study uses a quantitative approach to investigate the role of inventor collaboration networks in it. Inventor collaboration networks for 30 top‐performing American metropolitan clusters were constructed on the basis of patent co‐authorship data. The selected clusters operate in hi‐tech fields: information technology, communications equipment and the biopharmaceutical industry. Starting from a widely accepted hypothesis that the ‘small‐world’ structure is an optimal one for knowledge spillovers and promotes innovation effectively, the authors statistically tested the impact of ‘small‐world’ network properties on cluster innovation performance proxied by patent output. The results suggest that the effect of the small‐world structure is not as significant as theorists hypothesized, not all clusters benefit from the presence of inventor collaboration networks, and cluster performance can be affected by policy interventions. Our analyses also suggest that cluster typology moderates the impact of inventor network properties on cluster innovation performance.     

Postsearch uncertainty,product heterogeneity,and price divergence

We develop a consumer search model in which consumers may remain uncertain about product quality even after inspecting the product. We first consider the postsearch uncertainty regarding vertical quality, and characterize the separating equilibrium in which firms with different quality levels charge different prices. If quality information is not sufficiently transparent after the search, then prices between the low- and the high-quality products can either diverge or converge as the search cost decreases, depending on the degrees of horizontal and vertical product differentiation. We further extend the model to include the postsearch uncertainty about the horizontal match value and to endogenize the firm's quality choice.     

Patent Settlements as a Barrier to Entry

We formulate a model of entry with two incumbent firms—a patent holder and an infringer—and a potential entrant, with asymmetric information about the validity of the infringed patent (patent strength) between incumbent firms and the entrant. Within this framework we show that patent settlements between the incumbent firms can be mutually beneficial even when the cost of trial is zero and the settlement agreement takes the form of a simple fixed license fee. For patents of intermediate strength, settlements are a tool for entry deterrence. The two parties agree on a high settlement amount which sends a credible signal to “outsiders” that the patent is not weak and therefore entry will not be profitable. This provides a novel explanation for the role of settlements and to the recent observation of high license fees negotiated in settlement agreements. It suggests that firms should disclose the settlement amount if they want to keep out further entrants. We also show that even nonreverse settlements that entail only a fixed fee can be anticompetitive because they are used to block entry.     

Financial health and airline safety

Agency‐cost models suggest that firms may pursue riskier strategies in times of financial distress. For example, stockholders of financially weak firms in industries where quality cannot be observed ex‐ante have an incentive to compromise safety and quality to maximize current period profit. However, there exists only a modest amount of empirical evidence that relates financial health to the risk‐taking behavior of firms. We explore this relationship for the airline industry. Using bond ratings to proxy for financial health and airline mishaps to measure safety, we find a significant correlation: airlines with higher quality bond ratings are less likely to experience mishaps than airlines with lower quality ratings. On average, a whole letter grade better bond rating is associated with a 10% lower probability of a mishap. Copyright © 2004 John Wiley & Sons, Ltd.     

Green technology innovation: Anatomy of exploration processes from a learning perspective

This paper examines how established firms use their core competences to diversify their business by exploring and ultimately developing green technologies. In contrast to start‐ups dedicated to a green mission, diversifying into green markets by developing new products based on existing core competences has proven to be challenging. This is because the exploration processes to find a match between green technology opportunities and internal competences is complex and new to most established firms. This paper gains insights into exploration processes for green technologies and the learning modes and outcomes linked to these processes. We examined exploration processes at the microlevel in an embedded case study of an engineering firm using a combination of the “fireworks” innovation process model and organizational learning theory. First, we found that developing green technologies involves a long‐term exploratory process without guarantee of (quick) success and likely involves many exploration failures. Second, as exploration unfolds along multiple technology trajectories, learning occurs in individual exploration paths (on‐path), when new paths are pursued (path‐initiation), and when knowledge from one path is spilled over to subsequent paths (across‐paths). Third, to increase their chances for success, firms can increase the efficiency of exploration by fostering a failure‐friendly organizational culture, deliberately experimenting, and purposefully learning from failures.     

Voluntary Quality Disclosure under Price‐Signaling Competition

We analyze an oligopolistic competition with differentiated products and qualities. The quality of a product is not known to consumers. Each firm can make an imperfect disclosure of its product quality before engaging in price‐signaling competition. There are two regimes for separating equilibrium in our model depending on the parameters. Our analysis reveals that, in one of the separating regimes, price signaling leads to intense price competition between the firms under which not only the high‐quality firm but also the low‐quality firm chooses to disclose its product quality to soften the price competition. Copyright © 2011 John Wiley & Sons, Ltd.     

An empirical enquiry into co-patent networks and their stars: The case of cardiac pacemaker technology

Scientific research concerning R&D staff structures has already been based on networks as they are mapped by co-patent data. The present paper combines the method of patent analysis with network analysis techniques and shows by means of a patent sample from cardiac pacemaker technology, that the different communication functions a star inventor accomplishes in their network are mirrored not only by quantity, but also by quality of patents. The mere patent quantity has a significant positive impact on the size of an inventors’ personal network and the number of inventors they can directly pass information to. But more importantly, there is significant empirical evidence that high technical specialisation has a positive impact on an inventor’s potential to mediate between others as well as on the efficacy to reach them on short notice. For the latter, likewise the number of citations received is a positive predictor. Thus, we characterise stars as industrious, well-known technical specialists and contradict the general assumption that generalists would be the ideal gatekeeper in an R&D network.     

Taking the Leap: The Determinants of Entrepreneurs Hiring Their First Employee

Job creation is one of the most important aspects of entrepreneurship, but we know relatively little about the hiring patterns and decisions of start‐ups. Longitudinal data from the Integrated Longitudinal Business Database (iLBD), Kauffman Firm Survey (KFS), and the Growing America through Entrepreneurship (GATE) experiment are used to provide some of the first evidence in the literature on the determinants of taking the leap from a nonemployer to employer firm among start‐ups. Several interesting patterns emerge regarding the dynamics of nonemployer start‐ups hiring their first employee. Hiring rates among the universe of nonemployer start‐ups are very low, but increase when the population of nonemployers is focused on more growth‐oriented businesses such as incorporated and employer identification number businesses. If nonemployer start‐ups hire, the bulk of hiring occurs in the first few years of existence. After this point in time, relatively few nonemployer start‐ups hire an employee. Focusing on more growth‐ and employment‐oriented start‐ups in the KFS, we find that Asian‐owned and Hispanic‐owned start‐ups have higher rates of hiring their first employee than white‐owned start‐ups. Female‐owned start‐ups are roughly 10 percentage points less likely to hire their first employee by the first, second, and seventh years after start‐up. The education level of the owner, however, is not found to be associated with the probability of hiring an employee. Among business characteristics, we find evidence that business assets and intellectual property are associated with hiring the first employee. Using data from the largest random experiment providing entrepreneurship training in the United States ever conducted, we do not find evidence that entrepreneurship training increases the likelihood that nonemployers hire their first employee.     

Research and Technology Commercialization

This paper introduces the special themed section on organizational interactions involving universities and firms that result in the commercialization of research and technology. Our objective is to shed light on some of the most vexing, yet under‐researched predicaments research institutions encounter, despite their best efforts to advance commercialization. First, we synthesize and extend recent studies, including the papers in the special themed section. Next, we develop a taxonomy of modes of commercialization. Specifically, we consider internal approaches, quasi‐internal approaches (e.g. incubators), university research parks, regional clusters, academic spin‐offs and start‐ups, licensing, contract research and consultancy, corporate venture capital, and open science and innovation. We also identify areas for further research at the individual (e.g. heterogeneity of entrepreneurial teams and experience; incentives), organizational and intra‐university (e.g. corporate governance; nature of growth strategies; relationships with trading partners; boundary spanning activities) and technology levels (e.g. institutional context; reconfiguration of technology; valuation of technology).     

Broad Cross‐License Negotiations

In many industries, broad cross‐license agreements are considered a useful method to obtain freedom to operate and to avoid patent litigation. In this paper, I study firm incentives to sign a broad cross‐license as well as the duration of broad cross‐license negotiations. I develop a model of bargaining with learning, which predicts that two firms will enter a broad cross‐license agreement only if their capital intensities are large enough. The model also predicts faster negotiations when firms have high capital intensities and when the frequency of future disputes is low. I confirm these predictions empirically using a novel data set on cross‐licensing and litigation in the US semiconductor industry.     

How Debt Creates Pressure to Perform when Information Asymmetries are Large: Empirical Evidence from Business Start‐ups

In this paper, we empirically examine how leverage affects firm performance when information asymmetries are large. We argue that entrepreneurs are strongly incentivized to maximize earnings when leverage is high in order to reduce the likelihood of adverse credit decisions and firm liquidation. Our empirical tests focus on the effects of leverage on firm profitability and growth in earnings during a 5‐year window after start‐up for a large and unique sample of newly established ventures in Belgium. Accounting for the endogeneity of leverage, the data reveal that more highly indebted business start‐ups are not only more profitable but also realize larger earnings growth. Moreover, the positive effect of leverage on firm profitability intensifies as the venture matures.     

专利无效宣告的市场反应研究

既有文献忽视了作为行政保护手段的专利无效宣告。通过专利无效宣告事件识别无效宣告方和专利被无效宣告方,采用事件研究法探讨投资者对专利无效宣告的市场反应。基于2014—2020年无效宣告数据的经验证据表明：投资者对发起专利无效宣告公司有显著正向市场反应,而对专利被无效宣告公司有显著负向市场反应;无效宣告的专利质量越高,投资者的市场反应越大,说明专利质量强化了投资者对专利无效宣告双方公司的市场反应;投资者对专利无效宣告双方公司的市场反应主要体现在专利数量较多组、行业收入占比较高组以及高科技公司组中,说明行业专利竞赛策略、势态以及激烈程度影响投资者对专利无效宣告公司的市场反应。研究有助于丰富专利竞赛和市场反应方面的文献,同时对于加强专利竞赛行为的监管具有借鉴意义。     

Licensing standard-essential patents with costly enforcement

We study the interaction between the holder of a standard-essential patent (SEP) and two downstream firms using the patented technology to design standard-compliant products. The SEP holder approaches the downstream firms simultaneously in the shadow of patent litigation and is subject to fair, reasonable, and non-discriminatory licensing requirements. We show that the patent holder faces a litigation credibility constraint and a license acceptability constraint when setting its licensing terms. For patents of intermediate strength, there is no royalty that allows the patent holder to reconcile these constraints. Consequently, it cannot license its technology and must go to court against infringers. We show that the availability of an injunction improves the patent holder's ability to license its technology, but it tends to inflate the royalty rate for implementers.