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A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right. Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an

The triangular value of patents

Albina Khairullina

This thesis addresses the question of a patent value from three different angles. It comprises three papers on the patent valuation methods. The patent valuation issues are well-known to the world of research and practice. However, the debates over what the patent contributes to the business and the economy overall remain open. The main contribution of my dissertation is that I present novel ways of addressing the value of patents from both micro- and macroeconomic perspectives. I bridge the theoretical modeling with real-world estimations, which sheds light on the legitimacy of certain hypothetical assumptions in patent valuation. In the first paper, I develop a factor model to value patents in a corporate patent portfolio. According to the results, the patent value is determined by five factors, such as forward and backward citations, family size, the number of oppositions received, and the number of claims. I contribute to the literature by introducing an interaction of a quantitative measure of a patent value with its qualitative assessment derived from a survey of patent managers. The results show that model estimates are weakly consistent with an expert opinion on the value of patents. In the second paper, we collaborate with a large multinational company and analyze internal and highly confidential data on product sales, revenues, and other corporate performance measures by tracing each patent down to its product market. To establish causality, we design a randomized controlled trial together with the management of the company, in which some randomly chosen patents are dropped from the portfolio, while others are kept for the duration of the study. To our knowledge, this is the first study that conducts a randomized controlled trial to measure the real market effect of patent protection. In the third paper, we study whether the regulator expands production possibilities of the economy by assigning a standard-essential status to patents. As we show, the innovatorsâ risk of losing the standard-setting game ex-ante attenuates the anticipation of a larger market share. Secondly, since the discovery of new technologies is typically slower than the discounting rate for the monopoly profits, standards with a positive contribution to productivity tend to be growth-reducing. Our results have significant policy implications. Regulators impose Fair, Reasonable, And Non-Discriminatory (FRAND) pricing on standard-essential technologies to compensate for the larger market-share the innovators get. We demonstrate how FRAND regulation of mark-ups has an unambiguously negative effect on growth and long-term growth-destroying consequences.

EPFL2020

Essays on the Economics of Innovation: Incentives, Diffusion, and Disparity

Ling Zhou

As an important policy instrument for guiding innovation, the patent system involves a long-standing tension between creating economic rewards for the original innovators and stifling subsequent R&D activities. The availability of new data allows us to provide unique sights into understanding how effective patents are in providing incentives for innovation and how firms' disclosure of proprietary assets affects the dissemination of knowledge. On the other hand, innovation per se is the fruit of human intellect. The knowledge workforce is, therefore, a crucial component of a country's innovative capacity. The persistent gap in the participation in innovative activities between men and women reflects a misallocation of talented human capital and leaves opportunities for policy implementation. This dissertation ties the questions mentioned above and presents novel evidence on the incentives, diffusion, and disparity in innovative activities. The first essay (chapter 2), in collaboration with Gaétan de Rassenfosse, provides empirical evidence on the real effect of patent expiration on monopoly prices and explores how this effect varies with product market competition. We compile a novel dataset that links patents to consumer products and retail prices for these products from Amazon.com. We find that patent expiration leads to a 7--8 percent drop in product prices. This effect is heterogeneous by patent type and importance and starts one year in advance. We also find a more substantial decline in prices in product markets where competition is intense, consistent with evidence from the pharmaceutical industry. We argue that incumbent innovators lower prices preemptively in the face of generic competition. The second essay (chapter 3), in collaboration with Gaétan de Rassenfosse, studies how firms' disclosure of innovative assets affects the diffusion of inventions. We focus the empirical setting on firms' provision of constructive notice through virtual patent marking (VPM) and exploit patent-level variation in the marking dates. With data collected on marked patents from the VPM web documents of 16 firms, we find an overall effect of VPM is small. However, conditional firms' strong reliance on patents as an appropriability regime, our findings suggest that while VPM induces firms to build subsequent internal inventions on the ones that are commercially valuable, it fends off diffusion to external firms and reduces similarity between inventions. Last but not least, in the third essay (chapter 4), collaborated with Mary Kaltenberg, we explore the role of family policies in closing the innovation gender gap. By matching inventor data to web-scraped inventor age information, we exploit the staggered passage of maternity leave policies across the U.S. and evaluate its impact on the retention and productivity of female inventors. Our findings suggest that maternity leave policy supports women of reproductive ages stay longer in patenting but has little impact on their productivity.

EPFL2021