Intellectual property rights business management practices: A survey of the literature
TL;DR: In this paper, a survey of the empirical literature regarding the use and management of Intellectual Property rights (IPRs) is presented, focusing on the US, Canada, EU, Japan and Australia and the protection of IP in specific industry groups.
About: This article is published in Technovation.The article was published on 2006-08-01 and is currently open access. It has received 232 citations till now. The article focuses on the topics: Intellectual property & Valuation (finance).
Citations
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09 Aug 2015
TL;DR: In this article, the authors face considerable challenges when configuring their appropriability strategies while collaborating with external partners, as it is essential to capture the profits from their innovation a a...
Abstract: Companies face considerable challenges when configuring their appropriability strategies while collaborating with external partners as it is essential to capture the profits from their innovation a...
5 citations
TL;DR: A conceptual framework is proposed that categorizes platform leaders’ case-specific reactions under three different scenarios and looks at the evolution of patent sheltering over time and the practical implications of its emergence.
Abstract: OVERVIEW:On August 12, 2011, Google filed a request with the US Patent and Trademark Office (USPTO) for the reexamination of two patents used by Lodsys to file lawsuits against several Android coders. The first public move of the Internet giant to defend Android application developers from patent lawsuits, this filing is just one of a growing number of initiatives undertaken by platform leaders to protect independent complementors against patent litigation threats. We examine the emerging evidence on platform leaders’ initiatives to provide patent shelter for their partners, which we argue helps maintain and reinforce the platform ecosystem. Platform leaders’ defensive responses are directed at two different levels: (1) providing umbrella protection to the whole platform, and (2) offering defensive intervention in specific cases. We propose a conceptual framework that categorizes platform leaders’ case-specific reactions under three different scenarios and look at the evolution of patent sheltering over t...
5 citations
Dissertation•
01 Jan 2015
TL;DR: In this paper, a conceptual model has been developed in which patent situational awareness, patent infringement risk, technology adoption and firm size are the most prominent factors, and a questionnaire item is developed to evaluate the evaluated conceptual model.
Abstract: In this study, an attempt has been made to develop a model and measurement instrument for patent situational awareness. On the basis of a literature study, a conceptual model has been developed in which patent situational awareness, patent infringement risk, technology adoption and firm size are the most prominent factors. This model has been evaluated by conducting interviews with industry experts. Using the evaluated conceptual model, a questionnaire item has been developed in which the variables have been operationalized. After evaluation, this questionnaire was distributed under technology-oriented firms as a means to assess the established measurement instrument and gain preliminary insight into patent situational awareness and related factors. Results shed light on the use of patent information in the new product development process and recommendations are made to improve the model and measurement instrument for future research.
4 citations
Cites background from "Intellectual property rights busine..."
...This rise is popularity is reflected in the growing body of management literature with IP as its focus (Hanel, 2006)....
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30 Jan 2020
TL;DR: In this paper, the authors studied how the appropriation strategy of firms is formed in different industrial sector and what factors explain the use of the mechanisms that firms use to protect their innovations.
Abstract: Following the evolutionary and neoshumpeterian theoretical framework, this research studies how the appropriation strategy of firms is formed in different industrial sector and what factors explain the use of the mechanisms that firms use to protect their innovations. The analysis is based on evidence from Argentine manufacturing firms surveyed by the National Survey of Employment Dynamics and Innovation (ENDEI) for 2010-2012. The results of the statistical analysis allow to identify three clusters at the sectoral level with differentiated characteristics in terms of their innovation activities and business conformation. The cluster of high innovative activity shows a greater incidence of the use of secrecy and patents, while the cluster of low innovative activity presents a greater use of complementary assets and first mover. The econometric analysis (Probit models) shows different effects of the factors considered (type of effort and innovative results, capabilities, linkages, structural factors) on the mechanism used, showing that the appropriation strategy is an emerging of innovation process and differs according to the sectoral cluster considered. The type of innovative effort affects only the appropriation strategy of the high and low innovative activity clusters; while the structural factors of firms explain only the appropriation strategy of sectors of high and medium innovative activity.
4 citations
25 Oct 2012
TL;DR: In this article, a large scale survey of patent ing companies in Germany is used, which were responsible for more than 40% of all German patent applications at the EPO or via PCT procedures in the year 1999.
Abstract: Against the background of the rise in patent applications during the 1990s, the present article tries to explain how different kinds of firms act to appropriate their investments in R&D and other innovation activities under the newly evolving conditions. Thereby, not only the patenting activities of firms, but also their preferences for different formal and informal appropriation me chanisms are analyzed. Firms are differentiated by size, sector, internationalization etc. to answer the question whether special firm characteristics exist that promote or hinder the decision to use formal or informal appropriation methods. For the empirical testing, a large scale survey of patent ing companies in Germany is used, which were responsible for more than 40% of all German pa tent applications at the EPO or via PCT procedures in the year 1999. Only few firms in the sample stress the importance of formal appropriation methods. Additionally, most factors that one would envisage as being positively linked to a preference for formal mechanims are not. Especially large and internationaized firms significantly add to the number of patent applications, however mostly for strategic purposes. Patents could therefore be seen as a basic requirement to enter foreign mar kets, with a need to defend market positions by strategic patenting.
4 citations
Cites background from "Intellectual property rights busine..."
...The application of a patent and the associated search for information are significant cost factors, espe cially for small firms, as application costs in foreign countries are very high (Hanel 2006)....
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References
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TL;DR: In this paper, the authors present a survey on the use of patent data in economic analysis, focusing on the patent data as an indicator of technological change and concluding that patent data remain a unique resource for the study of technical change.
Abstract: This survey reviews the growing use of patent data in economic analysis. After describing some of the main characteristics of patents and patent data, it focuses on the use of patents as an indicator of technological change. Cross-sectional and time-series studies of the relationship of patents to R&D expenditures are reviewed, as well as scattered estimates of the distribution of patent values and the value of patent rights, the latter being based on recent analyses of European patent renewal data. Time-series trends of patents granted in the U.S. are examined and their decline in the 1970s is found to be an artifact of the budget stringencies at the Patent Office. The longer run downward trend in patents per R&D dollar is interpreted not as an indication of diminishing returns but rather as a reflection of the changing meaning of such data over time. The conclusion is reached that, in spite of many difficulties and reservations, patent data remain a unique resource for the study of technical change.
5,075 citations
01 Jan 1990
4,944 citations
Posted Content•
TL;DR: In this paper, the authors present a survey on the use of patent data in economic analysis, focusing on the patent data as an indicator of technological change and concluding that patent data remain a unique resource for the study of technical change.
Abstract: This survey reviews the growing use of patent data in economic analysis. After describing some of the main characteristics of patents and patent data, it focuses on the use of patents as an indicator of technological change. Cross-sectional and time-series studies of the relationship of patents to R&D expenditures are reviewed, as well as scattered estimates of the distribution of patent values and the value of patent rights, the latter being based on recent analyses of European patent renewal data. Time-series trends of patents granted in the U.S. are examined and their decline in the 1970s is found to be an artifact of the budget stringencies at the Patent Office. The longer run downward trend in patents per R&D dollar is interpreted not as an indication of diminishing returns but rather as a reflection of the changing meaning of such data over time. The conclusion is reached that, in spite of many difficulties and reservations, patent data remain a unique resource for the study of technical change.
4,845 citations
01 Jan 1987
TL;DR: A patent confers, in theory, perfect appropriability (monopoly of the invention) for a limited time in return for a public benefit as mentioned in this paper, however, the benefits consumers derive from an innovation, however, are increased if competitors can imitate and improve on the innovation to ensure its availability on favorable terms.
Abstract: To HAVE the incentive to undertake research and development, a firm must be able to appropriate returns sufficient to make the investment worthwhile. The benefits consumers derive from an innovation, however, are increased if competitors can imitate and improve on the innovation to ensure its availability on favorable terms. Patent law seeks to resolve this tension between incentives for innovation and widespread diffusion of benefits. A patent confers, in theory, perfect appropriability (monopoly of the invention) for a limited time in return for a public
3,653 citations
TL;DR: In this paper, the authors put forward patent counts weighted by citations as indicators of the value of innovations, thereby overcoming the limitations of simple counts, and found that simple patent counts are highly correlated with contemporaneous RD, however, the association is within afield over time rather than cross-sectional.
Abstract: The use ofpatents in economic research has been seriously hindered by the fact that patents vary enormously in their importance or value, and hence, simple patent counts cannot be informative about innovative output. The purpose of this article is to put forward patent counts weighted by citations as indicators of the value of innovations, thereby overcoming the limitations of simple counts. The empirical analysis of a particular innovation (Computed Tomography scanners) indeed shows a close association between citation-based patent indices and independent measures of the social value of innovations in that field. Moreover, the weighting scheme appears to be nonlinear (increasing) in the number of citations, implying that the informational content of citations rises at the margin. As in previous studies, simple patent counts are found to be highly correlated with contemporaneous RD however, here the association is within afield over time rather than cross-sectional.
2,765 citations