Patent Examination Quality and Litigation: Is There a Link?

Abstract

In this study, we use carefully constructed matched samples of litigated and non-litigated patents to investigate the characteristics that predict litigation. We define different control groups based on filing characteristics and value correlates (or both), and test the extent to which examination characteristics predict litigation. This paper is the first to use detailed examination characteristics to understand the resulting patent rights. By controlling (at least in part) for patent value, the estimation strategy has implications for the degree to which patent examination characteristics are correlated with uncertainty. We find that some examination characteristics predict litigation, but that the bulk of the predictive power in the model comes from filing characteristics.     

What patents are used as collateral?—An empirical analysis of patent reassignment data

Only anecdotal evidence exists that ventures use patents as collateral to access debt financing. In this paper, we use a novel dataset on patent reassignments with a security interest to explore quantitatively what patents are used as collateral. We analyze characteristics of patents to disentangle whether it is the technology underlying a patent or the patent's exclusion right per se matters for collateralization. We do find empirical support only for technology-related characteristics, suggesting that lenders use patents to collateralize high-quality technology that can, in case of default, be redeployed to ventures in similar technology fields. On the other hand, patent-related characteristics like scope, which are, in general, related to patent value and are particularly important for non-practicing entities, do not matter.     

Communicating Competency in References: A Qualitative Analysis of the Utilization of References in Mechanical Engineering

ABSTRACT

Purpose: In order to explore the multiplicative interaction between clustering and reach, as well as their effect on members’ knowledge production and patent value, the authors researched university–industry collaboration networks in the emerging interdisciplinary field at a corporate level.

Methodology: The authors based their research on a platform of nano-biopharmaceuticals complex network analysis. Furthermore, they built a network to analyze the influence of small-world properties, as well as the impact of the largest component on the patent value of innovation activities at a corporate level. In this article, the authors conduct an empirical investigation of university–industry patent innovation collaboration in the nano-biopharmaceutical field and propose that their research be considered as new evidence in addition to the previously published literature in this field. Given the pre-existing high skew of patent values in relation to registered patents, they used weighted patent value in the measurement of university–industry innovation performance, rather than simple patent counts.

Results: The results show that small-world structures have a parabolical influence on patent innovation performance at corporate level.

Findings: The findings go beyond previous research results and can contribute to policy formulation and relevant entrepreneurial decisions in the establishment of university–industry collaboration.     

An Analysis of Technologically Radical Innovation and Breakthrough Patents

Abstract

Breakthrough innovations – commonly defined by innovations with patents surpassing a critical threshold of forward citations – generate benefits for innovators, businesses, and society. Analyzing more than five million patents and citations from 1976 to 2017, this paper adds to the existing literature by examining whether the radicalness of a patented good – that is, the more technology classes cited as contributing prior arts not identified in the patent’s own technology identity – impacts the likelihood an innovation is a breakthrough. In essence, the paper tests the common belief that it is beneficial to “think outside the box” when innovating. The results show that increased radicalness increases the likelihood of a breakthrough up to a certain threshold, after which increased radicalness decreases the likelihood of a breakthrough. Additionally, established innovators and university ownership of a patent each extend the range for which increased radicalness increases the probability of a breakthrough, while joint patent ownership decreases the range.     

Gandhian values and consumption behavior: scale development and validation

Researchers have long been interested in the measurement of human values. Gandhi was a leading figure in the independence of India and also in the fight against racialism in South Africa. His teachings are invaluable and have inspired generations all over the world. Following standard procedure for scale development, we aim to identify the various Gandhian values that can be imbibed by an individual. We validate the applicability of the instrument by assessing its relationship with potentially related constructs like socially responsible consumption behavior and consumer frugality. We also assess its relationship with a negatively valenced construct of materialism. To develop the Gandhian values scale, we used a mix of both qualitative and quantitative methods. We conducted three data collection rounds corresponding with four separate phases of scale development. We ensured the stability of the Gandhian value scale across different contexts by testing and validating it across three different sets of sample. To the best of our knowledge, our scope of research is second only in the line of similar research like the Confucian values. Our primary contribution is the development and testing of a parsimonious Gandhian values scale that captures the value system of individuals.     

Corporate taxation and the choice of patent location within multinational firms

Corporate patents are important assets in the modern economy, where knowledge is highly valued. In many multinational enterprises (MNEs), they constitute a major portion of the business's value. The intra-firm transfer pricing process for patent-related royalty payments is moreover often highly intransparent and patents thus represent a major source of profit shifting opportunities between multinational entities. For both reasons, MNEs have an incentive to locate their patents at low-tax affiliates to minimize the corporate tax burden. The purpose of our paper is to empirically test for this relationship by exploiting a unique dataset that links information on patent applications to micro panel data for European MNEs. Our results suggest that the corporate tax rate (differential to other group members) exerts a negative effect on the number of patent applications filed by a multinational affiliate. The effect is quantitatively large and robust to controlling for firm size and unobserved heterogeneity between the entities. The findings moreover prevail if we account for royalty withholding taxes and binding ‘Controlled Foreign Company’ rules.     

The transformation of national patents for high-technology exports: Moderating effects of national cultures

National culture as an informal institution influences the national absorptive capacity (NAC) measured in patents per capita in the upstream and entrepreneurial activity in the downstream. Does national culture moderate the link between NAC and high-technology exports? We explored this question in a comprehensive study design. Based on a panel of 101 countries over 21 years, first, we assessed the direct effect of NAC on high-technology exports in the baseline hypothesis. Then, we analysed the moderating role of national culture between the country’s NAC and high-technology exports. The results show several insights from the comparison between the literature and our evidence. (i) We proposed that power distance negatively moderates patent and high-tech exports; the results show a positive correlation of the interaction. (ii) We proposed that individualist culture positively moderates patent and high-technology exports; the results show a positive correlation of the interaction. (iii) We proposed that high masculinity has no moderating effects; the results show a positive interaction effect. (iv) We proposed that uncertainty avoidance negatively moderates the link between NAC and high-technology exports; the results show negative and significant moderation without the introduction of long-term orientation; however, it is non-significant after the introduction of long-term orientation. Last, (v) we proposed that long-term orientation positively moderates the link between NAC and high-technology exports; the results are positive and significant without uncertainty avoidance, and they are non-significant with uncertainty avoidance in the analysis. Uncertainty avoidance and long-term orientation neutralise each other’s effects. Based on these insights, we contribute to the literature in three ways. First, we address the issue of high-technology exports in international business at the national level and link it to the vertical transformation of national science in patents per capita. Second, we contribute to the institutional theory encompassing informal norms (culture) and formal rules (policy) in the flow of NAC to commercial performance. Third, we make several policy-related suggestions.     

Counterfeit proneness: Conceptualisation and scale development

Abstract

Counterfeiting is one of the fastest-growing industries in the world across a wide range of product categories, including music, movies, food, computer software, pharmaceuticals, fertilisers, and machinery parts. Prior research focuses on deceptive counterfeiting in which the consumers are not aware about buying counterfeit products, with little attention to non-deceptive counterfeiting in which consumers knowingly purchase counterfeit products. Most of this research is fragmented and exploratory in nature, resulting in mixed or inconclusive findings that leave many important questions unanswered. For example, it is still not clear why some customers are more prone to buying counterfeit products compared to others. We address this important gap by conceptualising counterfeit proneness (CFP), an individual-level psychological trait that relates closely with counterfeit purchase behaviour. We also develop a scale to measure this trait and validate it through a series of empirical studies. Finally, we discuss some limitations of our approach and directions for future research.     

Innovation,productivity and foreign direct investment-induced R&D spillovers

This article examines the effect of foreign direct investment on innovation and productivity in the host and home countries. I investigate how the flows of knowledge transmitted through FDI affect the production of knowledge in both source and recipient countries, as well as how these flows affect productivity. Using patent citations within FDI as the measure of the degree of ‘access’ that one nation gains to the R&D knowledge of another, and new patents as the measure of innovation, results reveal that there are large differences in the way FDI affects innovation and productivity between countries that are technological leaders, and technological followers. Both inward and outward FDI are found to have a strong positive effect on domestic innovation and productivity in countries that are technological followers. For technological leaders, outward FDI is highly conducive to increased domestic innovation, while inward FDI seems to increase competition between domestic and foreign firms, making it more difficult to come up with new viable ideas. As for domestic productivity, inward FDI is highly beneficial for technological leaders, while outward FDI does not have a significant effect. I conclude that technological followers have much to gain from FDI-induced R&D spillovers, and therefore governments in these countries will find it worthwhile to attract foreign multinationals, while those in the more technologically advanced economies need to weigh the costs and benefits of FDI carefully.     

The Influence of Selected Factors on the Perceptions of Managers of Small Business Firms Regarding Legal Firms

Abstract

The South African service provider is faced with an increasingly turbulent and complex competitive environment (Griffith & Rust, 1997:109-116). Factors that impact specifically on the environment of service firms (such as the providers of legal services) include the growing importance of consumerism and a drastic increase in competition (Harrel & Fors, 1992:299-306).

The latter factor has a number of causes, amongst others, a stagnating economy (Griffith & Rust, 1997:109-116). A factor that impacts directly on the growing competition amongst providers of legal services is the increase in law graduates and commensurate increase in qualified attorneys and advocates entering the market. Figures supplied by the Law Society of the Cape of Good Hope and the Law Society of the Transvaal indicate an increase in excess of 50% in the number of practising attorneys in both the former provinces of the Cape and Transvaal between the years 1990 and 1997.

This article presents an exploratory study establishing the relative value attached by small business in South Africa to certain factors, inter alia advertising and location, pertaining to firms providing legal services. A better understanding of the importance of these factors will assist legal firms to improve service delivery thereby improving profitability.     

The Effect of Animality in the Consumption Experience—A Potential for Disgust

ABSTRACT

This paper presents an experimental study to measure the effect of animality on consumers' disgust. In this study we have demonstrated how the negative emotion of disgust may be formed within meat consumption. While in the current literature animality is used as a broad and vaguely defined explanatory concept, we conceptualise and operationalise three components of animality; Meat Typicality, Vividness, and Personification. We show for each component that the more the meat stimuli can be animalised the more disgust they would provoke. Empirically, this study provides evidence for disgust with meat as being a phenomenon particularly concerning females and young consumers. The results also show a relatively good performance of personality measures as disgust sensitivity in the prediction of disgust with meat.     

What do firms know? What do they produce? A new look at the relationship between patenting profiles and patterns of product diversification

In this work, we analyze the relationship between the patterns of firm diversification, if any, across product lines and across bodies of innovative knowledge, proxied by the patent classes where the firm is present. Putting it more emphatically, we investigate the relationship between “what a firm does” and “what a firm knows.” Using a newly developed dataset matching information on patents and products at the firm level, we provide evidence concerning firms’ technological and product scope, their relationships, the size-scaling and coherence properties of diversification itself. Our analysis shows that typically firms are much more diversified in terms of products than in terms of technologies, with their main products more related to the exploitation of their innovative knowledge. The scaling properties show that the number of products and technologies increases log-linearly with firm size. And the directions of diversification themselves display coherence between neighboring activities also at relatively high degrees of diversification. These findings are well in tune with a capability-based theory of the firm.     

Online service quality: Content and process of analysis

Abstract

The purpose of this paper is to build a comprehensive model of online service quality that confirms both the content of, and process of measuring, this higher-order construct. While the past decade has seen the Internet become a key channel for service delivery, there remains uncertainty around many aspects of both the content of, and process of how to measure, online service quality. We use a large sample of European consumers (n = 3399) of four companies (two pure play and two multichannel) to develop a new nine-dimension model of online service quality. We validate importance as a disconfirmation standard. We find trust in the company to be the most important dimension of online service quality, with customer service also highly rated. Issues of personalisation/customisation were very low rated. We find the online pure-play companies in the sample delivering better performance than multichannel retailers, despite having customers who are actually more demanding. We discuss the practical and research implications of these findings.     

Patents and Early‐Stage Financing: Matching versus Signaling

This paper investigates the role of patents on early‐stage financing. We consider two questions: are patents signals of quality and why do patents relate to venture capital (VC) financing but not angel financing? Analyzing data from 468 Canadian early‐stage ventures, we show that patents are not signals of quality. Instead, the data support a match‐on‐financing need hypothesis: ventures match with VCs, who have financial capacity to support their patent protection strategies.     

Protecting Innovation Through Patents and Trade Secrets: Evidence for Firms with a Single Innovation

Abstract

This paper analyzes the use and effectiveness of patents and trade secrets designed to protect innovation. While previous studies have usually considered patents and trade secrets as substitutes for one another, we investigate to what extent and in what situations the two protection methods are used jointly. We identify protection strategies for single innovation firms and hence overcome the assignment problem of existing empirical studies, that is, whether firms using both protection methods do so for the same innovation or for different innovations. Employing firm panel data from Germany, we find fairly few differences between the determinants for choosing secrecy and patenting. Single innovators that combine both strategies, 39% of the group, tend to aim at a higher level of innovation and act in a more uncertain technological environment. Firms combining both protection methods yield significantly higher sales with new-to-market innovations, providing some evidence for a complementarity of the two protection methods.     

Paradoxical side effects of green advertising: how purchasing green products may instigate licensing effects for consumers with a weak environmental identity

Abstract

Research into green advertising has mainly investigated how green appeals can enhance product attitudes, sales, and brand image. But what happens after people have purchased a ‘green’ product advertised in a green ad? In two experiments, we show that purchasing a green product may have paradoxical post-purchase effects, such that it may lower intentions to engage in subsequent environmentally friendly behaviour (a so-called licensing effect). Importantly, our results show that these post-purchase effects are moderated by environmental identity: only people with a weak environmental identity show these paradoxical post-purchase licensing effects, people with a strong environmental identity are more likely to continue behaving in an environmentally friendly way.     

New Evidence on Determinants of Intellectual Property Litigation: A Market-Based Approach

Abstract

We contribute to the economic literature on patent litigation by taking a new perspective. In the past, scholars mostly focused on specific litigation cases at the patent level and related technological characteristics to the event of litigation. However, observing intellectual property (IP) disputes suggests that not only technological characteristics may trigger litigation suits, but also the market positions of firms, and that firms dispute not only over single patents but often over portfolios. This paper examines the occurrence of IP litigation cases in Belgian firms using the 2013 Community Innovation Survey with supplemental information on IP litigation and patent portfolios. The rich survey information regarding firms’ general innovation strategies enables us to introduce market-related variables such as sales with new products, as well as sales based mainly on imitation and incremental innovation. Our results indicate that when controlling for firms’ IP portfolios, the composition of sales in terms of innovation and imitation has additional explanatory power regarding litigation propensities. Firms with high sales from innovations are more likely to become plaintiffs in court. Contrastingly, firms with high sales from incremental innovation and imitation are more likely to become defendants in court and, moreover, are more likely to negotiate settlements outside of court.     

Religion and ratio analysis: Towards an Islamic corporate liquidity measure

This paper contributes to the emerging literature on the effect of religion on corporate decision making and financial reporting. Financial statement analytical tools could violate several commands of Islamic law. Specifically, traditional liquidity ratios imply undervaluation, uncertainty, and interest bearing aspects that are strictly prohibited in Islamic law. We propose an Islamic-compliant measure of corporate liquidity. In order to validate our proposed ratio as a measure of corporate liquidity, we incorporate it in the traditional corporate bankruptcy prediction models. Our measure significantly improves the accuracy of the corporate bankruptcy prediction models of Altman (1968) Z-score and Ohlson (1980).     

Patents and the Trans-Pacific Partnership: How TPP-style intellectual property standards may exacerbate the access to medicines problem in the East African Community

ABSTRACT

Least developed countries (LDCs) generally enjoy some exemptions under the WTO TRIPS Agreement. Despite these exemptions, patents continue to pose a major challenge to access to affordable medicines in the East African Community (EAC), especially with respect to the HIV/AIDS pandemic. The EAC is a regional economic bloc made up of six states, with five of the member states currently ranked as LDCs by the United Nations. This article argues that the implementation of the patent protection standards following the model adopted in the Trans-Pacific Partnership is likely to further exacerbate the access to medicines conundrum of the EAC.     

Application of the Information Bottleneck method to discover user profiles in a Web store

ABSTRACT

The paper deals with the problem of discovering groups of Web users with similar behavioral patterns on an e-commerce site. We introduce a novel approach to the unsupervised classification of user sessions, based on session attributes related to the user click-stream behavior, to gain insight into characteristics of various user profiles. The approach uses the agglomerative Information Bottleneck (IB) algorithm. Based on log data for a real online store, efficiency of the approach in terms of its ability to differentiate between buying and non-buying sessions was validated, indicating some possible practical applications of the our method. Experiments performed for a number of session samples showed that the method is capable of separating both types of sessions to a large extent. A detailed analysis was performed for the number of clusters ranging from two to seven, and the results were compared to those achieved by applying the most common clustering algorithm, k-means. Increasing the number of clusters generally leads to better results for both algorithms. However, IB demonstrated much higher average efficiency than k-means for the corresponding number of clusters, and this superiority was especially clear for lower number of clusters. The IB-based division of user sessions into seven clusters gives the mean entropy value of 0.28, which means the 95% separation of sessions of both types. Furthermore, a big advantage of our approach is that it gives a possibility to analyze the probability distribution of session attributes in individual clusters, which allows one to discover hidden knowledge about common characteristics of various user profiles and use this knowledge to support managerial decisions.