Patents, Thickets and the Financing of Early-Stage Firms: Evidence from the Software Industry

Legal changes in the patentability of software since the mid 1990s have resulted in a substantial increase in the number of patents on software inventions. We focus here on the impact of transactions costs associated with patent "thickets" on new entrants' interactions with the capital markets. Using data on the financing of entrants into 27 narrowly defined software markets, we show that start-up software companies operating in markets characterized by denser patent thickets saw their initial acquisition of VC funding delayed relative to firms in markets less affected by patents after the mid 1990s. The relationship between patent thickets and subsequent financing activity such as IPO or acquisition is more complex, but there is weak evidence that firms without patents became less likely to go public if they operated in a market characterized by patent thickets. Firms with patents are more likely to be funded or experience a liquidity event. However, the application for a patent appears to matter more than its grant.     

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.     

Knowledge spillovers in US patents: A dynamic patent intensity model with secret common innovation factors

During the past two decades, innovations protected by patents have played a key role in business strategies. This fact enhanced studies of the determinants of patents and the impact of patents on innovation and competitive advantage. Sustaining competitive advantages is as important as creating them. Patents help sustaining competitive advantages by increasing the production cost of competitors, by signaling a better quality of products and by serving as barriers to entry. If patents are rewards for innovation, more R&D should be reflected in more patent applications but this is not the end of the story. There is empirical evidence showing that patents through time are becoming easier to get and more valuable to the firm due to increasing damage awards from infringers. These facts question the constant and static nature of the relationship between R&D and patents. Furthermore, innovation creates important knowledge spillovers due to its imperfect appropriability. Our paper investigates these dynamic effects using US patent data from 1979 to 2000 with alternative model specifications for patent counts. We introduce a general dynamic count panel data model with dynamic observable and unobservable spillovers, which encompasses previous models, is able to control for the endogeneity of R&D and therefore can be consistently estimated by maximum likelihood. Apart from allowing for firm specific fixed and random effects, we introduce a common unobserved component, or secret stock of knowledge, that affects differently the propensity to patent of each firm across sectors due to their different absorptive capacity.     

Are venture capitalist-backed IPOs more innovative? Evidence from an emerging market

This study examines whether venture capital (VC)-backed IPOs are more innovative than otherwise equivalent non-VC-backed IPOs. Using manually collected R&D records from annual reports and patent data from the Chinese State Intellectual Property Office (CSIPO) from 2007 to 2012, we find that VC-backed IPOs have higher R&D expenditures and more patents granted in the three years after IPOs. More specifically, they have more invention, application, and design patents in post-IPO. We use a two-stage instrumental variable, propensity score matching, difference-in-differences approach to mitigate selection biases and find our results to be consistent with our hypothesis. We conclude that VCs can positively influence IPO firms to increase R&D expenditures and innovative output levels in China. In addition, we document that the government ownership adversely affects innovation of VC-backed firms. Policy implications are discussed.     

An analysis of the effect of software intellectual property rights on the performance of software firms in South Korea

This paper explores the effect of software intellectual property rights (IPRs) on the performance of software firms in South Korea using the statistics of software copyright registrations and patent applications along with the financial statements of firms. According to our empirical results, R&D and software R&D input has a strong positive effect on the production of software copyrights and patents, and large firms exploit software IPRs better than small firms. We also found that there are quite different trends in the selection of the legal means of protection; firms in the software industry prefer to copyrighting, whereas firms in the manufacturing industry prefer to patenting. In addition, software copyrighting has a positive effect on software revenue and total revenue of firms, but software patenting fails to show a positive effect on software revenue. Consequently, in contrast to the prevailing consensus indicating a high preference for patenting, it is obvious in our analysis that software copyrighting is more beneficial for software firms.     

Patent replacement and welfare gains

Patents were chosen in an era when modern public finance tools were unavailable. The same innovation outcomes can be achieved with higher welfare, if patent elements are replaced by modern features. This paper constructs two theoretical models of product innovation and simulates the welfare effects of replacing patents with an intertemporal-bounty arrangement. We find that replacing patents with this alternative has the potential to increase welfare in the United States through reform of pharmaceutical patents by $43.9-$194 billion when measured in present value terms (this is 0.3-1.3% of annual GDP) based on simulations involving four selected drug sectors. The potential to increase welfare would be higher if applied to the larger sector of drugs as a whole. In principal, patents could be replaced in other sectors as well.     

Adding business value: a strategy for identifying and patenting environment‐related inventions and avoiding patent infringement

For many environmental companies, reaching financial goals is a function of identifying and protecting intellectual property assets, keeping those assets from falling into the hands of competitors and avoiding litigation disputes over the use of those assets. Recognizing that intellectual assets are valuable tangible and intangible assets of a company is the first step in maximizing the value of those assets. However, many environmental companies are not aware that some of their technologies, ideas, concepts and know‐how are potentially patentable and, therefore, fail to maximize the value of those assets by taking advantage of the limited monopolies that patent systems provide to the owners of patents. In the ever‐increasing competitive global market, companies should evaluate their intellectual assets to ensure they are adequately protecting those assets by obtaining patents for ideas that are patentable. As more patents for environmental technologies issue from patent offices around the world, however, the likelihood of infringing one of those patents can increase. Therefore, avoiding infringing others' patents while at the same time identifying and patenting the company's own technologies should be a key business strategy regardless of the size of the environmental company. Copyright © 2003 John Wiley & Sons, Ltd. and ERP Environment     

When patents matter: The impact of competition and patent age on the performance contribution of intellectual property rights protection

The question whether patenting impacts patenting firms' subsequent financial performance is important for technology-oriented companies. However, relevant research has led to contradictory results. We strive to overcome this impasse by introducing innovation competition and patent age as moderators of patents' performance contribution into the discourse. Based on a sample of 975 cases from diverse industries, we find strong support for our arguments. In line with our expectations, the results show that the number of patents granted, the degree of patent competition, and the timeliness of a patent contribute positively to financial performance. Moderation analysis nuances our findings by showing that the impact of patent protection on financial performance is stronger when the patent competition is stronger and the patents are younger.These findings provide insights into the conditions under which patenting leads to higher financial performance. Our findings highlight the importance of innovation competition and patent age for innovation research. The empirical results show firms that patenting pays and that, in order to tap the full potential of patents, they need to focus on emerging competing industries and reduce the time to market. Policy makers learn that patenting is a successful approach to foster innovation at limited social costs.     

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.     

Development of patent roadmap based on technology roadmap by analyzing patterns of patent development

Recently, patent forecasting and planning has been emphasized as an essential process in the strategic management of technology because well-planned patents will make larger profits and occupy dominant positions first. Thus, this paper aims to suggest the concept and process of a patent roadmap based on a technology roadmap and patterns of patent development. For this, first, ontology of technology is generated to structure the characteristics of technology based on the existing technology roadmap and then patents are collected from a patent database. Second, collected patents are grouped by similarities based on vectors of extracted keywords and grouping results are classified by TEMPEST. In this step, keywords extracted from the previous phase are matched with TEMPEST individually and patent groups are categorized in accordance with high relevance between representative keywords in patent groups and core keywords in each category of TEMPEST. Third, the patterns of patent development are identified for each patent group and categorized by two types – structural and temporal patterns. Consequently, extracted patterns serve as evidence of patent planning, and the patent roadmap is drawn with the technology layer composed of the technology roadmap and the patent layer that each group is mapped on. The proposed approach is illustrated by the case of the transparent AMOLED display. The patent roadmap will enable managers to establish patenting strategies in order to achieve a valuable core patent that has the potential to become a business model, yielding good returns in the long term.     

An econometric analysis of asymmetric volatility: Theory and application to patents

The purpose in registering patents is to protect the intellectual property of the rightful owners. Deterministic and stochastic trends in registered patents can be used to describe a country's technological capabilities and act as a proxy for innovation. This paper presents an econometric analysis of the symmetric and asymmetric volatility of the patent share, which is based on the number of registered patents for the top 12 foreign patenting countries in the USA. International rankings based on the number of foreign US patents, patent intensity (or patents per capita), patent share, the rate of assigned patents for commercial exploitation, and average rank scores, are given for the top 12 foreign countries. Monthly time series data from the United States Patent and Trademark Office for January 1975 to December 1998 are used to estimate symmetric and asymmetric models of the time-varying volatility of the patent share, namely US patents registered by each of the top 12 foreign countries relative to total US patents. A weak sufficient condition for the consistency and asymptotic normality of the quasi-maximum likelihood estimator (QMLE) of the univariate GJR(1,1) model is established under non-normality of the conditional shocks. The empirical results provide a diagnostic validation of the regularity conditions underlying the GJR(1,1) model, specifically the log-moment condition for consistency and asymptotic normality of the QMLE, and the computationally more straightforward but stronger second and fourth moment conditions. Of the symmetric and asymmetric models estimated, AR(1)–EGARCH(1,1) is found to be suitable for most countries, while AR(1)–GARCH(1,1) and AR(1)–GJR(1,1) also provide useful insights. Non-nested procedures are developed to test AR(1)–GARCH(1,1) versus AR(1)–EGARCH(1,1), and AR(1)–GJR(1,1) versus AR(1)–EGARCH(1,1).     

Market share and firms’ patent exploitation

As the current patent policy encourages the early stage of innovation but imposes hardly any regulations on how patent holders use their patents, an understanding of how firms use their patents is largely lacking. In this study, we seek to determine whether differences exist in firms’ strategies for utilizing patents depending on their market share. Using a discrete choice model, the repeated multinomial logit model, we analyzed Korean firms’ choices of patent use. Market share is found to positively influence three patent exploitation modes: own use, simultaneous exploitation of own use and licensing, and blocking. And the blocking use of patents is the most significant mode that is positively associated with market share. Our results provide a basis for understanding the effects of patent policy from the industrial perspective, such as industrial organization or competition policy. We discussed the implications for various actors related to patent systems, including researchers, policy-makers, and practitioners.     

企业专利质量提升的关键问题研究

对于中国整体专利申请量和授权量的飙升,国内外褒贬不一。在庞大的专利数量中,企业的贡献最大。我国2012年授权的有效发明专利中企业所占比重已达57．9％,但企业创新力与国外相比存在较大的差距。本文从专利的产品特性角度对提升我国企业专利质量水平展开研究,提出了必须提升对专利质量的认知水平、必须健全专利质量体系和必须以市场需求为导向提升专利质量水平的对策建议。     

Analysis of technological innovation based on citation information

The paper discusses the dynamic properties of the patent network. Technological innovation occurs frequently, and predicting where it will happen is difficult because an economic system can adapt to changing technology. We construct a patent network based on the cited relations between patents and analyze the properties of the patent network from January 1976 to December 2005 by using USPTO patent data. We find that technology trends, which are calculated by our measures, are similar with historical trends of technology, showing that our measures would be useful to predict future technology relations. Also, we find that the change of similarity between patents shows meaningful results in terms of technological innovation.     

Design versus utility innovation: Is corruption sanding or greasing the wheels of innovation?

This paper studies whether corruption has a greasing or a sanding effect on the production of innovation. The main novelty lies in comparing the relative impacts on design versus utility innovation. On the one hand, corruption can undermine (sand) the expected returns from patents, whereas on the other hand, patent holders might be able to increase (grease) the scope and applicability of their patents. Using U.S. state-level data and controlling for bidirectional causality, results show the sanding effect of corruption with regard to utility patents, with the negative effect on design patents occurring only with a time lag.     

Subjective performance of patent examiners,implicit contracts,and self‐funded patent offices

Self‐funded patent offices should be concerned with patent quality (patents should be granted to only deserving innovations) and quantity (as revenues come from fees paid by applicants). In this context, we investigate what is the impact of the self‐funded constraint on different bonus contracts and how these contracts affect the examiners' incentive to prosecute patent applications. We consider contracts in which a patent office offers bonuses on quantity quotas (explicit contract) and on quality outcome (either an implicit contract or an explicit contract based on a quality proxy). We find that a self‐funded constrained agency should make different organization choices of incentives. For a low quality proxy precision, an agency facing a tight budget operates well with implicit contracts. However, by only relaxing moderately the budget constraint, the agency might be worse off simply because this will preclude implicit contracts. Only very large patenting fees might allow the agency to compensate for the loss of implicit contracts.     

同时创新市场条件下的知识产权保护策略与专利政策

本文构建了一个同时创新模型来研究同时创新市场条件下的知识产权保护策略与专利政策。研究表明,同时创新对于知识产权保护具有多重含义。具体而言,由于同时创新改变了企业的创新保护策略,企业申请专利主要是出于防御目的,因而利用同时创新的这种特性,就有可能设计一种促使企业申请专利而不是寻求内部保护的专利制度,这种制度虽然对创新提供了较企业内部保护弱的保护,却能够使社会福利得以提升。另外,传统认为的竞争政策和专利的对立关系,在同时竞争的市场条件下,需要重新认识,专利不仅不会损害竞争,反而会促进竞争。     

Valuing technological synergies in mergers

Technological synergy in mergers and acquisitions (M&As) is achieved when there is an increase in value generated by combining the stock of complementary technologies of acquirers and targets, as well as utilizing target’s patents to initiate or defend lawsuits against competitors. Using U.S. patent data, we provide quantitative measures of these two sources of technological synergy. We find that these measures of technological synergy are important considerations of acquiring firms and capital market in valuing target firms’ innovative assets, as the measures are positive determinants of merger premium and total synergy gain. The expected total gains of acquirers’ and targets’ shareholders from technological synergy decrease with the difficulties of post-merger integration as proxied by geographical distance between acquirer and target. Our technological synergy measures are also good predictors of post-merger realized synergy, i.e., increase in patent outputs in the overlapped technology classes and market share.     

Patent Breadth, Patent Life, and the Pace of Technological Progress

In active investment climates where firms sequentially improve each other's products, a patent can terminate either because it expires or because a non-infringing innovation displaces its product in the market. We define the length of time until one of these happens as the effective patent life, and show how it depends on patent breadth. We distinguish lagging breadth, which protects against imitation, from leading breadth, which protects against new improved products. We compare two types of patent policy with leading breadth: (1) patents are finite but very broad, so that the effective life of a patent coincides with its statutory life, and (2) patents are long but narrow, so that the effective life of a patent ends when a better product replaces it. The former policy improves the diffusion of new products, but the latter has lower R&D costs.