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.