Strategic Patenting in Biotechnology

Patents can be used by their owners in a variety of strategic ways in the market place that do not necessarily conform with the original idea of patents as a remedy against market failure. More patenting does not lead to more innovation in all cases. This article looks at the relevance of patents and their strategic uses in the biotechnology industry. The article considers the different motives for applying for patents and various strategies. Theoretical considerations are made based on empirical findings from a survey of the Swiss biotechnology industry carried out in 2003. The empirical data confirm that patents for biotechnological inventions are important as an incentive for investment in R&D and that patents are an efficient tool for protecting biotechnological inventions. Strategic patenting is not very common in Switzerland and there are no signs for an abusive level of strategic patenting.     

The 1988 EC directive on biotechnological inventions and the UK biotechnology industry

The article, based on a recent survey of UK biotechnology companies, highlights the complex interaction between the organization of R&D and the patenting policy in the biotech industry. Some of the more interesting findings include: the limited extent of private investment in biotechnological R&D; the existence of two markedly different R&D strategies (product- vs. process-based); the distinction between first- and second-generation patents and their effects on market structure. The core of the article deals with the likely effects on patenting behaviour of changes in patent law - both as envisaged in the October 1988 Directive and as suggested by recent theoretical research on the economics of patents. The Directive in its current form is reported to have no discernible effect on the extent and organization of R&D, whereas the industry's response to a series of hypothetical changes suggests that any definition or patentability standards has far-reaching repercussions on: (1) the allocation of resources between research and development; (2) the conditions of entry into the industry; (3) the balance of bargaining power between firms of unequal size (or pursuing different R&D strategies); and ultimately (4) the allocation of technological surplus between consumers and producers.     

China's agricultural patents: How has their value changed amid recent patent boom?

Patent applications have surged in China over the past two decades. Has the application boom been accompanied by a simultaneous drop in the value (quality) of the patents? Our research examines this question by analyzing invention patents in agriculture. Using data from China's State Intellectual Property Office (SIPO) for patents between 1985 and 2005 that had been granted before January 2011, we conduct duration analysis of patent life span and the length of patent renewal with the Weibull and Cox Proportional Hazard modeling respectively. The results show that the value of Chinese agricultural patents, measured by their life span and renewal length, has been improving, although foreign grants are still maintained significantly longer than domestic ones. For domestic grants, private entities, especially companies, are more likely to have a longer patent protection period than public entities. Furthermore, patent value varies significantly across different technological fields, with grants to inventions in complex and emerging technologies such as agricultural biotechnology and agricultural chemicals demonstrating higher value than others. The findings have implications for understanding the impacts of China's innovation policy on global patenting activities as well as China's innovation trajectory in agriculture and other sectors.     

Sources and characteristics of software patents in the European Union: Some empirical considerations

Software patenting is an increasingly important phenomenon in the European Union. Using a novel database of more than 30,000 software patents granted to both European and Non-European companies, we investigate the relevant factors explaining firm-level software patenting at the European Patent Office. We find that software patents are mainly applied for by American and Japanese firms, that they are characterised by a higher than average length of the granting procedure and that firms belonging to the software sector generally do not apply for them. Finally, results from non-linear panel data estimation reveal that patents are not deemed as useful appropriability instruments by software firms and that a “threat effect” by hardware firms is growing in importance. This last result is in line with recent developments in the literature relative to strategic patenting.     

Losing the lead: the patenting decision in the light of the disclosure requirement

Empirical findings state that the disclosure requirement might be a reason for firms to rely on secrecy rather than patents to protect their inventions. We choose a dynamic framework in which we can explicitly analyze the patenting decision reflecting the tradeoff between a positive protective effect and a negative effect due to the required disclosure of the protected invention. In spite of a patent, the inventor's rival may still enter the market with a non-infringing product. Measuring the technological lead of the inventor by a time advantage he has compared with his rival, we show that if his headstart exceeds a critical threshold, he will not patent and rather rely on secrecy.     

Does a strong patent regime discourage innovation?

Does a strengthening of the patent regime impact R&;D expenditure? For the US semiconductor industry, a strengthening of the patent regime in the 1980s was followed by a sharp increase in patenting but had almost no impact on R&;D expenditure. This paper attempts to understand this patent paradox by taking some of the industry features into account. We present a model of invention and product development in complex industries where product development involves putting together a large number of inventions and where licensing of patentable inventions is common. While a stronger patent regime leads to higher patenting in both in presence and absence of licensing, the positive relationship between patenting and R&;D is weakened in presence of licensing since licensing provides an alternative way of accessing inventions. A stronger patent regime, therefore, may only create weak incentives to increase R&;D, while strongly increasing patenting activities in such an industry.     

Exploring the effect of structural patent indicators in forward patent citation networks on patent price from firm market value

This paper introduces structural patent indicators in the forward patent citation networks (FPCNs). Using the estimates of their relationship with firm market value, it explores the effect of the structural patent indicators on patent price. When applied to US smartphone industry and US drug and biotechnology industry, the common finding is that a firm's registered patent gets higher price if influenced faster by the previously registered patents of the same firm through self-citations. The empirical results imply that merely counting forward citations, shown related to patent price by the previous works, is insufficient; the structural properties in FPCNs are essential for the more accurate estimation of patent price. They also show that the relationships between structural patent indicators in the FPCNs and patent price are different between industries. It urges the necessity of selecting structural patent indicators, well fitted to each industry, for the better patent valuation using forward citations.     

Innovation strategy and the patenting behavior of firms

This paper investigates whether firms’ innovation strategies affect their patenting behavior, as measured by both the probability of having a patent portfolio and the number of active patents held. Three main dimensions of an innovation strategy are taken into account: the relative importance of basic research, applied research and development work in total R&D activities, the product or process orientation of innovation efforts, and the extent to which firms enter into collaborative R&D with other institutions. The major findings can be summarized as follows: (1) taking into account the various dimensions of an innovation strategy turns out to approximate the patenting behavior of firms better than the traditional Schumpeterian hypotheses related to firm size and market power; (2) there is a positive relationship between the patent portfolio of firms and an outward-oriented innovation strategy characterized by R&D partnerships with external organizations - scientific institutions and competitors in particular; (3) process-oriented innovators patent less than product-oriented innovators; (4) a stronger focus on basic and applied research is associated with a more active patenting behavior; (5) firms that perceive high barriers to innovation (internal, risk-related or external barriers) have smaller patent portfolios; (6) the perceived limitations of the patent system do not significantly influence the patenting behavior, suggesting that firms patent for other strategic reasons than merely protecting innovation rents.     

Knowledge flows and innovation capability: The patenting trajectory of Taiwan's thin film transistor-liquid crystal display industry

This paper uses USPTO's patent data to present and analyse knowledge flows and innovation capability within and across Taiwan's top five major players in the thin film transistor-liquid crystal display (TFT-LCD) industry. Based on the empirical results, the study shows that latecomers, such as Taiwan, to the TFT-LCD industry have internalised external knowledge from the US and particularly from Japan on specific core technologies, while the knowledge relationship between source and recipient is un-intimated. One important finding of this study is that Taiwan's top five TFT-LCD manufacturers possess different knowledge sources and technology focuses. This specialised capability is most likely the cause for their positions in the market (i.e. market share). Each player has unique patenting protocol, in which the coded knowledge (i.e. patenting rate) does not act as a major indicator of innovation performance in Taiwan's TFT-LCD industry. Remarkably, the public research institute does not show its essential impact on TFT-LCD industry as it once was in most East Asian latecomer literature. This study thus provides some useful managerial implications for latecomer firms to facilitate knowledge internalisation and build endogenous innovative capabilities.     

University patents,R&D competition,and social welfare

Although university patenting has increased dramatically over the past three decades, debates persist regarding the broad economic implications of the phenomenon. This article examines the social welfare implications of university patenting in a model of R&D competition in which firms develop innovations on the basis of the disclosure of a university invention. When such disclosure does not preempt the patenting of downstream innovations, university patenting enhances social welfare only if a regime of open access to university inventions is characterized by excessive aggregate R&D from the viewpoint of social welfare. When the university invention disclosure preempts patenting on firms’ innovations, the nature of the open access equilibrium in the R&D market depends on the threat of imitation ex post. Only when the threat of imitation is sufficiently strong firms will not invest in downstream R&D in the open access regime. In this case, university patenting promotes R&D investment and increases social welfare.     

基于联盟的数字产业技术标准国际化路径研究——以昕诺飞为例

数字产业具有前沿性、复杂性和高度不确定性,技术标准国际化是数字产业保持全球竞争力的重要举措。采用纵向单案例研究法,以昕诺飞为研究对象,探索企业推进技术标准国际化的路径及机制。结果表明,昕诺飞实现技术标准国际化的主要路径是基于自主研发或收购专利组建标准联盟或专利联盟并制定发布联盟标准,进而将其转化为国际标准、目标国国家标准和团体标准;企业可基于标准开展相应认证检测,形成“联盟+标准+专利+认证检测”的闭环,实现“技术专利化—专利标准化—标准国际化—市场垄断化”的良性循环,以维持企业长期竞争优势;推进技术标准国际化的关键在于组建联盟,我国数字产业可通过“标准联盟+专利联盟”的双联盟策略,形成核心层稳固的开放式战略联盟,通过构建共生演化生态系统推进技术标准国际化。     

An empirical analysis of firm process and product patenting

This paper presents an empriical study of the determinants of firm patenting. Since industrial research and development (R&D) encompasses a variety of activities, this study distinguishes between patents on process innovations and patents on product innovations. The property rights provided by a patent may differ between process and product patents, which suggests that the determinants of process innovations and product innovations may difer as well.

Several recent studies have distinguished between research directed toward process innovations and research directed toward product innovations. Scherer (1983a) included measures of process R&D spending and product R&D spending in regressions for inter-industry differences in productivity growth. Link and Lunn (1984) found that the returns to process-related R&D activity exceed the returns to product-related R&D activity. Link (1982) found inter-firm differences in the allocation of R&D spending for process innovations and product innovations. Lunn (1986) found differences in the determinants, as well as the effects, of process patenting and product patenting at the industry level. This paper examines whether the determinants of product and process patenting differ at the firm level.     

Bioenergy innovation and energy policy

Using panel data on 13 OECD countries between 1979 and 2008 this paper examines the affect climate and energy policies have had on the rate of biotechnology innovations. The explanatory variables include a vector of important determinants of patenting activity for biotechnologies (e.g. specific and general research and development expenditures, energy consumption, energy prices and total number of registered patents). Fixed effects are employed to capture unobservable country-specific heterogeneity using a negative binomial model. The empirical results indicate that policies are important for stimulating innovations in biotechnologies. The development of feed-in-tariffs (FITs) and the implementation of tradable green certificates have had a positive and statistically significant impact on patent activity. The economic impact of green certificates is found to be larger than that of FITs. In addition, R&D activities have also had a positive and statistically significant effect on innovation.     

Patents,profitability, liquidity and firm size

Much has been written on the need for a more rapid rate of technical progress in the British economy but there is little in the way of hard facts on the characteristics of firms that innovate and those that do not, on the factors determining a firm's rate of innovation, and on the relationship between innovation and profitability. The present paper attempts to give some quantitative content to the discussion by examining the relationship between a firm's size, its profitability, its liquidity and the number of patents obtained in three United Kingdom industries - Chemicals, an Electrical Engineering and Electronics grouping, and Machine Tools. These three industries were chosen because they are technologically based and so place heavy emphasis on research and development.

The plan of the paper is as follows. Section 1 discusses the patents data and the use of patents as an indicator of innovative activity. The size characteristics of patenting and non-patenting firms are considered in Section 2. Section 3 presents the model relating patenting to firm size, liquidity and profitability. Sections 4 to 6 report in turn the results for the Chemical industry, the Electrical Engineering and Electronics grouping, and the Machine Tools industry. Section 7 investigates whether any short-ran profitability may be found to result from inno-vative activity. Section 8 compares our results with those obtained for the United States. Section 3 is a summary of our results.     

Do firms with larger patent portfolios create more new plant varieties in the US agricultural biotechnology industry?

This article is an empirical analysis of the relationship between patent ownership and variety innovation for US agricultural biotechnology firms in the years 1976–1999. Counts of new varieties include corn, soybean, or wheat varieties protected by either patents or plant variety protection certificates, while patent portfolio size is defined as the count of a firm's gene and method patents. Negative binomial regression results indicate that firms with larger patent portfolios did not exhibit scale economies in variety creation nor did firms with wider technological diversity in their patent portfolios create significantly greater numbers of new varieties. However, firms experienced positive spillover effects from rival firms’ patent ownership, and patent ownership increases this effect. Sample firms that have merged in the past do not produce significantly greater numbers of new varieties after considering an increase in portfolio size and did not experience greater economies of scale in creating new varieties compared with firms that experienced no past mergers.     

EFFECTS OF STRENGTHENING INTELLECTUAL PROPERTY RIGHTS IN NEWLY INDUSTRIALIZED ECONOMIES: EVIDENCE FROM TAIWAN'S 1994 PATENT REFORM

Does strengthening intellectual property rights (IPR) in terms of a longer patent life induce more patents? This article investigates the responses of high‐technology firms to Taiwan’s 1994 patent reform. Empirical analyses reveal that firms’ patenting propensity rose gradually before patent reform and showed an increase after patent reform, tending to support the viewpoint that stronger IPR can induce more patents. However, this cannot lead to lasting effect. Furthermore, patenting capability can serve as the access ticket for potential entrants to a science park under the circumstance of stronger IPR protections. These new entrants are found to have a better post‐entry performance in patenting relative to the incumbents in the short run. (JEL O14, O31)     

Micro evidence on international patenting

Globalization, high growth rates in high-tech industries, growing emerging markets and harmonization of patent institutions across countries have stimulated patenting in foreign markets. We use a simple model of international patenting, where the decision to patent in a foreign country depends on country characteristics and the quality of the patented invention. With access to a detailed database on individual patents owned by small Swedish firms and inventors, we are able to estimate some of these relationships and test their validity. Our results indicate that the propensity to apply for international patent protection increases with indicators of the quality of the invention, technological rivalry and market size in the host market.     

Patent life cycle: New evidence

Patents and their renewals are critical because they protect inventions and reinforce information reported to investors about the utility and the quality of inventions. Thus, they signal the appropriate use of financial resources being invested, notably in research and development departments, and future revenues for their owner. Based on a sample of about 22,700 European patents, our research contributes to existing literature on patent renewal by two relevant outcomes. The first contribution proposes a possible definition of a European patent life cycle: abandonment of procedure, natural abandonment, and late withdrawal. The second contribution shows two main factors that influence the renewal of a European patent by examining delivery time and the cumulative number of citations.Our results show that the procedure is the key issue of structuring the patent's life. In addition, patents' viability is likely to happen given that a part in a series of patents is increasing, which means that valuable patents are often cited by later ones. The relationship stems from the rational behavior of market operators who will try to minimize essential ownership.     

Biotechnology: the emerging battlefield for US and Japanese pharmaceutical companies

The Japanese pharmaceutical industry has lagged behind the US in developing and marhting innovative new compounh. A gap anabsis rebing on international publication and patenting stahtics as well as market survgs shows that the US is the clear leader in biophannaceuticals. Recent Japanese public and private efforts to close the gap have posed no immediate threat to US pharmaceutical companies. The conflict over industrial policy among the ministries involved will take some time to be resolved. However, information networking activities and cross-border technology linkages of Japanese companies should not be underestimated. Biotechnology is current4 transforming theJapanese pharmaceutical induse, and the US will have to deal with a gowing Japanese challenge in the long run. Preventive US counter-measures should include investments in in-house biotechnology research, acquisitions of smaller biotechnology start-up ventures, global commercialization o f biophannaceuticals, and proactive management o f technology linkages with Japanese companies.     

University IPRs and knowledge transfer: is university ownership more efficient?

This paper addresses an issue that has been largely ignored so far in the empirical literature on the role of patents in university–industry knowledge transfer: does it matter who owns the patents on university research? We observe that especially in Europe, many patents in which university researchers are listed as inventors are not owned by the university. From a literature review, we conclude that private ownership of university patents may reduce the efficiency of the knowledge transfer process. This hypothesis is put to an empirical test, using data on patents in six European countries. Specifically, we assess whether university-owned patents (in Europe) are more often applied, and/or more economically valuable, than university-invented (but not-owned) patents. Our results indicate that, after correcting for observable patent characteristics, there are only very small differences between university-owned and university-invented patents in terms of their rate of commercialization or economic value.