Strategic Patenting and Software Innovation

Working Paper: CEPR ID: DP5701

Authors: Michael Noel; Mark Schankerman

Abstract: Strategic patenting is widely believed to raise the costs of innovating, especially in industries characterised by cumulative innovation. This paper studies the effects of strategic patenting on R&D, patenting and market value in the computer software industry. We focus on two key aspects: patent portfolio size which affects bargaining power in patent disputes, and the fragmentation of patent rights ('patent thickets') which increases the transaction costs of enforcement. We develop a model that incorporates both effects, together with R&D spillovers. Using panel data for the period 1980-99, we find evidence that both strategic patenting and R&D spillovers strongly affect innovation and market value of software firms.

Keywords: anticommons; market value; patent thickets; patents; R&D spillovers

JEL Codes: L43; L86; O31; O33; O34; O38


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
Greater patenting activity by technology rivals (O38)Decrease in a firm's market value (G32)
Greater patenting activity by technology rivals (O38)Decrease in a firm's R&D (O39)
Greater patenting activity by technology rivals (O38)Decrease in a firm's patenting (O39)
Higher concentration of patent rights (O34)Increase in market value (G19)
Higher concentration of patent rights (O34)Decrease in R&D (O39)
Higher concentration of patent rights (O34)Decrease in patenting activity (O39)
R&D spillovers (O36)Increase in patenting (O39)
R&D spillovers (O36)Increase in market value (G19)
Increase in patent stock (O34)Increase in market value (G19)

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