Strengthening intellectual property rights: Experience from the 1986 Taiwanese patent reforms

Do stronger intellectual property rights spur inventive activity and foreign direct investment (FDI) in developing countries? What are the characteristics of industries where strengthening patent rights has the most favorable impact? In an attempt to answer these questions, this paper uses the 1986 Taiwanese patent reforms to examine the effects of strengthening patent rights in a developing economy. I find that the reforms encouraged R&D effort across industries. In addition, industries that were highly R&D intensive witnessed a marked increase in their patenting in the United States. The reforms also induced additional FDI.     

Appropriability,preemption, and firm performance

The impact of strategies used to appropriate innovation rents on firm performance is analyzed using a sample of U.S. public manufacturing firms. Stronger appropriability at the firm level, achieved through patent protection or the ownership of specialized complementary assets, leads to superior economic performance, as measured by the stock market valuation of a firm's R& D assets. Among commonly used ‘nonconventional’ patent strategies, preemptive patenting allows incumbents to strengthen their market power. Consistent with theory, such effect is higher for incumbents with higher ex ante market power and facing a higher threat of entry, and lower when R& D competition is characterized by the discovery of drastic innovations. Copyright © 2008 John Wiley & Sons, Ltd.     

The propensity to patent

This paper analyzes the relationship between 1974 R&D expenditures and invention patenting by 4,274 narrowly-defined lines of business in 443 U.S. industrial corporations. The probability of non-zero patenting rose systematically with company-financed R&D outlays, as did the number of patents received. Within industries, patents tended most frequently to rise in proportion to R&D; among the exceptions, the tendency was toward diminishing returns. Variables measuring overseas sales, federal R&D support, diversification, scope of invention use, and invention type had only modest explanatory power. There was no significant evidence of disproportionate patent accumulation in the more highly concentrated industries.     

Integrating the R&D and Patent Functions: Implications for New Product Performance

This paper examines the impact of cross‐functional integration between the research and development (R&D) and the patent functions on new product development (NPD) performance. The attitudinal (collaboration) and the behavioral (contributions of the patent function to NPD) dimension of cross‐functional integration between the R&D and the patent functions are distinguished. It is also investigated if the level of innovativeness moderates the relationship between the attitudinal and the behavioral dimension of cross‐functional integration between the R&D and the patent department and NPD performance. The four hypotheses are tested based on a multi‐informant sample of 101 NPD projects which are nested within 72 technology‐based firms or strategic business units from multiple industries in Germany. The results show that the attitudinal and the behavioral dimensions of cross‐functional integration between the R&D and the patent functions have a significant and positive impact on NPD performance. This lends empirical support for the notion expressed in the literature that certain managerial capabilities are important for understanding the effect of patenting on appropriability outcomes such as value creation and performance. The level of cross‐functional integration between the patent and the R&D functions appears to be one of these critical patent management capabilities that affect the returns from investments into patents. There is support for the hypothesis that the context matters for the effect of cross‐functional integration between the R&D and the patent functions on NPD performance. In line with the initial hypothesis, the level of innovativeness positively moderates the impact of the behavioral dimension of cross‐functional integration between the R&D and the patent department on NPD performance. In contrast to the initial hypothesis, the findings reveal no moderating effect of the level of innovativeness on the link between the attitudinal dimension of cross‐functional integration between the R&D and the patent department and NPD performance. This implies that joint objectives and an open and trustful working relationship between the R&D and the patent functions are not sufficient for achieving higher NPD performance if firms aim to develop very innovative products. In the case of highly innovative products, the actual behavior, that is, the specific contributions of the patent department to the NPD project, matters. Overall, these findings have important implications for improving performance by means of effectively integrating the patent and the R&D functions during NPD.     

Institutional framework,corporate ownership structure,and R&D investment: an international analysis

We combine agency theory with the law and finance approach to analyze how the legal protection of investors and the corporate ownership structure affect corporate investment in research and development (R&D). We use information from 956 firms from the five most R&D-intensive industries in 19 developed countries. Our results show that better protection of investors’ rights by the institutional environment has a positive influence on corporate R&D. We also find that corporate ownership concentration works as a substitute for legal protection. This finding means that R&D investment of the firms in the countries with poor legal protection increases as ownership becomes more concentrated. Our results also show that the identity of shareholders has a relevant effect: Whereas banks and nonfinancial institutions as shareholders result in lower R&D, institutional investors as shareholders increase corporate investment in R&D.     

When do strategic alliances inhibit innovation by firms? Evidence from patent pools in the global optical disc industry

Research and development (R&D) consortia are specialized strategic alliances that shape the direction and scope of firm innovation activities. Little research exists on the performance consequences of participating in R&D consortia. We study the effect of patent pools, a unique form of R&D consortia, on firm performance in innovation. While prior research on alliances generally implies that patent pools enhance firm innovation, our study finds the opposite. Analyzing data on systemic innovation in the global optical disc industry, we find that patent pool formation substantially and significantly decreases both the quantity and quality of patents subsequently generated by licensors and licensees relative to the patenting activity of nonparticipants. Our empirical findings suggest that patent pools actually inhibit, rather than enhance, systemic innovation by participating firms. Copyright © 2011 John Wiley & Sons, Ltd.     

Patent Protection and R&D with Endogenous Market Structure

In a model with endogenous number of innovating firms, we show that whether patent protection increases R&D investment is ambiguous, and depends on the market demand function and the cost of R&D. If the market size increases with number of firms, patent protection reduces R&D investment if the cost of R&D is sufficiently high, and higher product differentiation increases the possibility of lower R&D investment under patent protection. If the market size does not increase with number of firms, patent protection never reduces R&D investment. We find that welfare is lower under patent protection than under no patent protection.     

Patent management in entrepreneurial SMEs: a literature review and an empirical study of innovation appropriation,patent propensity,and motives

Managers make a number of strategic choices when trying to capture returns from innovation investments, including what appropriation strategy to use and whether or not to patent, strategic choices that depend among other things on firm size. Previous literature, being reviewed in this paper, shows that the patent propensity is lower in small and medium‐sized enterprises (SMEs) than in large firms and that patenting as means for appropriation is of less importance among SMEs. Chief executive officers (CEOs) and/or research and development (R&D) managers of 26 entrepreneurial SMEs have been interviewed to explain these differences and to provide insight on how patenting is used in SMEs. The patent competence was low among the studied SMEs, and internal patent resources were found to be important for effective and efficient use of the patent system, for application as well as monitoring and enforcement. While of limited perceived importance for protecting inventions in entrepreneurial SMEs, patents were used to attract customers and venture capital, which is of utmost importance for the survival and growth of these firms. Thus, patenting has an important role to play even in firms where the protective function of patents is secondary.     

Leaders,laggards, and the pursuit of foreign knowledge

This paper analyzes how firms in different technological and market share positions use foreign R&D to augment their technological capabilities. Technology transfer issues and absorptive capacity arguments are examined to analyze the different technological capabilities of leading and lagging firms. In addition, a new strategic rationale (in terms of non‐dominant market share firms) that has not been considered in prior studies analyzing knowledge‐seeking FDI is offered. From a panel dataset which includes information on all foreign R&D investments made by publicly traded Japanese manufacturing firms (from 1974 to 1994), I show that Japanese firms investing in foreign R&D tend to be the non‐dominant market share firms, but also the technologically leading firms across fairly diverse industries. By considering both the technological and market share positions of firms, this study reveals important characteristics that influence when firms use foreign R&D as part of a strategy to augment their technological capabilities. Copyright © 2005 John Wiley & Sons, Ltd.     

The moderating role of competence specialization in the effect of external R&D on innovative performance

This paper studies the functional specialization of SMEs’ technological competence and its moderating role in the effect of external R&D on their innovative performance. Technological competence consists of many functional dimensions such as basic research, product architecture, process construction, testing, and evaluation, which constitute a sequence of innovation tasks. The specialization of technological competence allows SMEs to utilize economies of specialization in R&D, enhance their bargaining power and appropriability conditions in the process of external R&D, and attract promising R&D partners. However, competence specialization may hamper SMEs’ capabilities to coordinate and integrate diverse external R&D projects. Using a sample of SMEs in Korean manufacturing industries, we find the following results. First, competence specialization positively moderates the effect of external R&D on SMEs’ innovative performance. Second, the positive moderating effect of competence specialization diminishes as the share of external R&D increases. Third, the moderating effect of competence specialization differs across industries depending on the degree of market dominance by a few large firms (i.e., market concentration) and the novelty of technologies pursued by SMEs in each industry.     

Imperfect Patent Protection and Innovation

The paper studies the effect of strengthening protection on R&D incentives in the context of process innovation. It shows that for non‐drastic innovations, that do not render the pre‐existing technology obsolete, the innovator might favor imitation if the expected royalty rate determined by the court is sufficiently high. Since imitation is discouraged for very high levels of patent protection, R&D investment is maximized for an intermediate level of patent strength. This finding provides a theoretical explanation for emerging empirical evidence questioning the effectiveness of strengthening protection on innovation incentives. It also serves as a justification for the imperfections of the existing patent system that allows for some infringement.     

Patenting in the shadow of independent discoveries by rivals

This paper studies the decision of whether to apply for a patent in a dynamic model in which firms innovate stochastically and independently. In the model, a firm can choose between patenting and maintaining secrecy to protect a successful innovation. I consider a legal environment characterized by imperfect patent protection and no prior user rights. Thus, patenting grants probabilistic protection, and secrecy is effectively maintained until rivals innovate. I show that (1) firms that innovate early are more inclined to choose secrecy, whereas firms that innovate late have a stronger tendency to patent; (2) the incentives to patent increase with the innovation arrival rate; and (3) an increase in the number of firms may cause patenting to occur earlier or later, depending on the strength of patent protection. The socially optimal level of patent protection, which balances the trade-off between the provision of patenting incentives and the avoidance of deadweight loss caused by a monopoly, is lower with a higher innovation arrival rate or a larger number of firms.     

Do R&D and ICT affect total factor productivity growth differently?

We analyze the effect of ICT and R&D on total factor productivity (TFP) growth across different industries in Sweden. R&D alone is significantly associated with contemporaneous TFP growth, thus exhibiting indirect effects. Although there is no significant short-run association between ICT and TFP, we find a positive association with a lag of seven to eight years. Thus, R&D affect TFP much faster than ICT-investments. We also divide ICT capital into hardware and software capital. To our knowledge, this distinction has not been made in any previous study analyzing TFP at the industry level. The results show that lagged hardware capital services growth is significantly associated with TFP growth. Hence, investments complementary to hardware are needed to reap the long-run TFP effects from reorganizing production.     

研发与市场结构:基于成本视角的分析

本文从成本入手，探讨了研发与市场结构的关系。通过对平均成本、固定成本及知识特性的综合分析，认为由于技术复杂度的不断提高及研发带来的规模经济，在多数产业研发会导致市场集中度逐渐提高。通过对研发沉没成本的分析表明，在专利保护与许可证制度下，当研发导致的沉没成本比较小时，厂商数量较多的竞争性市场的福利好于寡占或垄断市场，因为其研发速度更快；反之，寡占或垄断市场的福利更好，因为研发的沉没成本得到了节约。在理论分析的基础上，本文就如何通过优化市场结构，提升我国企业研发能力，应对经济全球化的挑战，提出了三点对策。     

Foreign entry and firm R&D: evidence from Chinese manufacturing industries

By making use of firm‐level panel data from 2005 to 2007, this paper empirically examines the relationship between research and development (R&D) behaviour and the presence of foreign firms in China's four major manufacturing industries. The manufacturing industries considered are (1) car manufacturing, (2) household electrical appliances, (3) electronics and (4) communication equipment manufacturing. We find that the presence of foreign firms has resulted in a significant increase in R&D intensity of all four manufacturing industries in China. While the average R&D intensity in communication equipment manufacturing is the highest, the electronics industry, which has the highest level of foreign presence, has experienced a relatively large increase in R&D intensity. This suggests that China's electronics manufacturing sector is responding to rising competition from foreign firms located in China. Foreign presence in China's car manufacturing sector is relatively small, and this industry has experienced a relatively small increase in R&D intensity because of foreign presence.     

How mergers affect innovation: Theory and evidence

This article analyses how horizontal mergers affect innovation of the merged entity and its non-merging competitors. Using data on horizontal mergers among pharmaceutical firms in Europe and applying propensity score matching estimators, we find that average patenting and R&D of the merged entity and its rivals declines substantially in post-merger periods. We show that this result is consistent with the predictions from an oligopoly model with heterogeneous firms, as well as a patent race model, when pre-merger R&D intensity is sufficiently high. Consistent with our theoretical model, we find that negative effects of mergers on innovation are concentrated in markets with high R&D intensity and in technology classes with overlap in pre-merger innovation activities of merging and rival firms.     

The Stock Market’s Valuation of R&;D and Market Concentration in Horizontal Mergers

It is well documented that acquirers often pay a large premium to acquire companies in related industries. There are many explanations as to the source of this premium. This study isolates two variables, R&D-intensity and market concentration, and assesses their influence individually and jointly on the deal premium. The results indicate that higher market concentration levels have a negative effect on the deal premium, while higher acquirer R&D-intensity has a positive influence, if the merger could result in a high market concentration level. Furthermore, deal premiums are greater in selected industries and in smaller deal sizes.     

The value of knowledge spillovers in the U.S. semiconductor industry

This paper aims at quantifying the economic value of knowledge spillovers by exploring information contained in patent citations. We estimate a market valuation equation of the U.S. semiconductor firms during the 1980s and 1990s, and find an average value of $0.6 to 1.2 million “R&D-equivalent” dollars for knowledge spillovers embodied in one patent citation. For an average semiconductor firm, such an estimate implies that the total value of knowledge spillovers the firm received during the sample period can be as high as half of its actual total R&D expenditures in the same period. This provides a direct measure of the economic value of social returns or externalities of relevant technological innovations. We also find that the value of knowledge spillovers declines as the size of firm's patent portfolio increases, and that self citations are more valuable than external citations, indicating a significant amount of tacit knowledge or know-how spillovers that occur within the firm.     

The Paradox of Openness: How Product and Patenting Experience Affect R&D Sourcing in China?

External R&D sourcing may help firms compete in an environment characterized by rapid technological changes. Yet, prior studies have produced conflicting findings on how a firm's technological experience affects the extent to which the firm engages in external R&D sourcing. Although many highlight that firms with extensive technological experience are equipped with more technological knowledge, collaborative skills, and absorptive capacity, encouraging greater levels of external R&D, others suggest the opposite due to potential exchange hazards and partnership conflicts. Adopting an external partner's perspective, the current study reconsiders this “paradox of openness” by analyzing how a focal firm's product experience and patenting experience affect an external partner's tendency to provide external R&D services to the focal firm. Specifically, this study explore how a focal firm's knowledge protectiveness and tacitness embedded in its product and patenting experience influences the external partners' motivation for knowledge transfer. This study predicts that a firm's product experience increases the focal firm's external R&D sourcing because it provides high levels of knowledge tacitness and external openness and can encourage external partners to share and exchange knowledge with the focal firm. In contrast, a firm's patenting experience decreases the focal firm's external R&D sourcing because it denotes knowledge explicitness and protectiveness and may discourage external partners to share and exchange knowledge with the focal firm. This study further predicts that patenting experience has a negative moderating effect on the relationship between product experience and external R&D sourcing. Using a data set of 575 high‐tech firms in China, this study finds support for our predictions. Our findings contribute to the growing literature on the knowledge‐based view and technology entrepreneurship in emerging markets.     

The effects of funding source and management ownership on the productivity of R&D

This study investigates the influence of the source of R&D funds and management ownership on R&D productivity. The lagged effect of the source of R&D funds on R&D output is investigated for a sample of US manufacturing firms in five industries over the 1996–99 period. Estimates based on 779 firm-years show that R&D productivity increases with the proportion of stock held by managers and directors of firms primarily in the Other Electronics industry. The estimates also show that recipients of government-sponsored R&D funds in the Chemicals industry have lower levels of output (sales) for each dollar committed to R&D. In addition, output for firms in the Chemicals industry worsens as management stockholding increases, implying an agency cost rationale for the observed difference in output. The implication is that firms with high manager-owner content are less productive with government-sponsored R&D than with company-financed R&D. The reported results suggest that potential agency costs should be incorporated in government-sponsored R&D contracts. It also suggests that the source of R&D funds should be disclosed and incorporated into the valuation of intangible assets attributable to research and development.