when less is more optimal patent breadth under the threat of patent validity challenges this article determines the optimal breadth of patent protection for a drastic process innovation when the innovator faces the likelihood of a direct patent validity challenge by a third party and potential entry and infringement by a competitor who provides a technologically equivalent process the effect of the innovator s patent breadth decision on the entrant s incentive to generate a competing process and on the entrant s ability to enter the market is also examined analytical results show that the greater the patent breadth the smaller the entrant s incentive to develop a non infringing process and the optimal flow of research and development spending however when patent breadth can be used to deter entry the incumbent always prefers to deter entry by choosing the smallest patent breadth possible that could achieve entry deterrence in addition when entry cannot be deterred it is never optimal for the incumbent to claim the maximum patent breadth possible

imperfect patent protection and innovation the paper studies the effect of strengthening protection on r d incentives in the context of process innovation it shows that for non drastic innovations that do not render the pre existing technology obsolete the innovator might favor imitation if the expected royalty rate determined by the court is sufficiently high since imitation is discouraged for very high levels of patent protection r d investment is maximized for an intermediate level of patent strength this finding provides a theoretical explanation for emerging empirical evidence questioning the effectiveness of strengthening protection on innovation incentives it also serves as a justification for the imperfections of the existing patent system that allows for some infringement

pre empted patents infringed patents and firms participation in markets for technology abstract in recent years firms have increasingly contributed to and been confronted with a patent landscape characterized by numerous but marginal inventions overlapping claims and patent fences as a result firms risk their patent applications to be pre empted or to be infringed upon by rivals while both aspects constitute major challenges for the appropriation of returns to inventive activity extant literature suggests that participation in the market for technology might actually resolve or at least alleviate these problems in this paper we investigate the effect of pre empted and infringed patents on firms engagement in in and cross licensing based on a sample of more than 1100 german manufacturing firms our results show that firms engage in in licensing as a reaction to pre empted patents and in cross licensing if their protected ip was infringed upon however these effects vary depending on the fragmentation of technology fields and whether the firm operates in a discrete or complex product industry

regime switching in the relationship between equity returns and short term interest rates in the uk abstract this paper examines the relationship between uk equity returns and short term interest rates using a two regime markov switching egarch model the results suggest one high return low variance regime within which the conditional variance of equity returns responds persistently but symmetrically to equity return innovations in the other low mean high variance regime equity volatility responds asymmetrically and without persistence to shocks to equity returns there is evidence of a regime dependent relationship between shorter maturity interest rate differentials and equity return volatility furthermore there is evidence that events in the money markets influence the probability of transition across regimes

patenting in the shadow of competitors this article empirically examines the patenting behavior of new biotechnology firms that have different litigation costs i show that firms with high litigation costs are less likely to patent in subclasses with many other awards particularly those of firms with low litigation costs this pattern is consistent with the literature on costly litigation which suggests that firms that have high litigation costs will take greater precautions to avoid litigation these results are robust to a variety of control variables and modifications that seek to test alternative explanations

optimal patent breadth and length with costly imitation abstract patent breadth is defined using the number of potential entrants which enter an industry it is shown that optimal patent design may be broad and short lived or narrow and infinitely lived depending on the market structure assumed and the properties of the demand function in the presence of costly imitation and endogenous entry it is shown that optimal patent design may be either broad narrow or of intermediate breadth depending on the properties of the aggregate imitation cost function

the u s patent system in transition policy innovation and the innovation process abstract this paper surveys the major changes in patent policy and practice that have occured in the last two decades in the u s and reviews the existing analyses by the economists that attempt to measure the impacts these changes have had on the processes of technological change it also reviews the broader theoretical and empirical literature that bears on the expected effects of changes in patent policy despite the significance of the policy changes and the wide availability of detailed data relating to patenting robust conclusions regarding the empirical consequences for technological innovation of changes in patent policy are few possible reasons for these limited results are discussed and possible avenues for future research are suggested

protecting intellectual property rights are small firms handicapped this paper studies the determinants of patent suits and settlements during 1978 99 by linking information from the u s patent office the federal courts and industry sources we find that litigation risk is much higher for patents that are owned by individuals and firms with small patent portfolios patentees with a large portfolio of patents to trade or other characteristics that facilitate cooperative resolution of disputes are much less likely to prosecute infringement suits however postsuit outcomes do not depend on these characteristics these findings show that small patentees are at a significant disadvantage in protecting their patent rights because their greater litigation risk is not offset by more rapid resolution of their suits our empirical estimates of the heterogeneity in litigation risk can help in developing private patent litigation insurance to mitigate the adverse affects of high enforcement costs

pre emptive patenting joint ventures and the persistence of oligopoly abstract gilbert and newbery 1982 have examined pre emptive patenting and the persistence of monopoly the present paper considers pre emptive patenting when there are several incumbent firms rather than just one it is shown why the incumbent oligopolists behaving non cooperatively might fail to deter entry this suggests that a joint venture in r and d might be a useful entry deterring device insofar as it pools the incumbents incentives to prevent entry this is indeed the case for small innovations but for large innovations the formation of a joint venture weakens the incumbents incentive to innovate by removing the competitive stimulus between them

free entry and social inefficiency our goal is to provide a simple yet general exposition of the conditions under which the number of entrants in a free entry equilibrium is excessive insufficient or optimal our analysis compares the number of firms that enter a market when there is free entry with the number that would be desired by a social planner who is unable to control the behavior of firms once they are in the market that is we consider the second best problem of choosing the welfare maximizing number of firms while we take as given their noncompetitive behavior after entry we demonstrate that the crucial conditions for establishing the presence of an entry bias can be stated quite simply in terms of the outcome of the postentry game played by entrants in contrast to previous work we do not need to model this postentry game explicitly

on the effectiveness of patenting strategies in innovation races which if any of a firm s inventions should it patent should it patent at all many companies engaged in an innovation race seek a patenting strategy that balances protection of their intellectual property against the knowledge spillovers resulting from disclosure requirements not much is known about factors that determine the patenting strategy best able to resolve this trade off although scholars in various management economics and engineering disciplines have researched patents and patenting regimes little work has addressed the normative issues that pertain to forming an appropriate firm level patenting strategy we develop an inventory of real life patenting strategies and integrate them into a coherent framework our simulation model characterizes the optimal patenting choices for different environmental and firm level contingencies while capturing the dynamics between competing firms we identify the firm s research and development strategy as the most salient determinant of its optimal patenting strategy our research contributes to establishing a contingency theory of patenting strategies this paper was accepted by david hsu entrepreneurship and innovation

who become serial and portfolio entrepreneurs serial entrepreneurs run multiple businesses in sequence while portfolio entrepreneurs run multiple businesses in parallel they differ from novice entrepreneurs who have so far operated only one venture the present paper is the first to model occupational choices between all three entrepreneurial types it goes on to discuss its theoretical predictions in the light of independent evidence about serial and portfolio entrepreneurship from the extant literature

appropriability and commercialization evidence from mit inventions the effects of appropriability on invention have been well studied but there has been little analysis of the effect of appropriability on the commercialization of existing inventions exploiting a database of 805 attempts by private firms to commercialize inventions licensed from the massachusetts institute of technology mit between 1980 and 1996 we explore the influence of several appropriability mechanisms on the commercialization and termination of projects to develop products based on university inventions our central hypothesis is that the relationship between a licensee s decision to either terminate or commercialize the invention is driven by the current market value of the invention as well as the option value of delaying its commercialization we use a competing risks framework that allows for nonparametric heterogeneity and correlated risks we find that better appropriability in the sense of more effective patent strength and secrecy has a strong negative effect on the hazard of license termination the effectiveness of learning has a strong positive effect on the hazard of technology commercialization while lead time has a negative effect

do patents slow down technological progress abstract this paper challenges the widely held view in the industrial organization literature that patents always speed up technological progress we introduce a model of an innovating firm with uncertain property right to its innovation the impact of a commitment to an r d project is to create future options for patenting and market introduction each decision undertaken will change the conditions in which the innovator operates it is shown that an increase in patent protection reduces the elasticity of the option value of the program with respect to the value of the project raising the threshold value of market introduction and enhancing the ability of the innovator to wait thus while the effect of patent is to raise the rents on and thereby the potential amount of innovations it also tends to slow down market introduction

regime switching analysis of adr home market pass through abstract we model and estimate adrs home market pass through and pricing to market using a regime switching approach which nests the two regimes in a conditional capital asset pricing model and treats any changes in these two regimes probabilistically our results from the 1998 to 2006 data show that the pricing to market regime dominates adrs from china and japan whereas the home market pass through regime dominates adrs from argentina and germany when their respective home markets are volatile

excess entry vertical integration and welfare this article provides a systematic analysis of the welfare effects of vertical integration by a monopolist input supplier into a monopolistically competitive downstream industry we give sufficient conditions on consumer preferences that lead to pareto improving vertical integration and demonstrate a close relationship between assumptions on preference for variety excess entry in monopolistically competitive markets and the welfare effects of vertical integration excess entry in downstream markets tends to give rise to pareto improving vertical integration we extend the analysis to vertical oligopoly and access price regulation

price transmission dynamics between adrs and their underlying foreign securities abstract this paper extends previous research by considering three pricing factors for american depository receipts adrs the price of the underlying shares in the local currency the relevant exchange rate and the us market index using both a vector autoregressive var model with a cointegration constraint and a seemingly unrelated regression sur approach we examine the relative importance of and the speed of adjustment of adr prices to these underlying factors our results show that while the price of the underlying shares is most important the exchange rate and the us market also have an impact on adr prices while the bulk of the shocks to the pricing factors are reflected in the adrs within the same calendar day there are indications that the adjustments are not completed until the following day curiously the adrs appear to initially overreact to the us market index but underreact to changes in underlying share prices and exchange rates

the economics of casino taxation in this article a model of the costs of a casino is developed that focuses on the implications for economic welfare of different taxation schemes for casinos the situation being considered is in a country where casinos cater exclusively to foreign tourists the goal of the country is to determine the maximum amount of taxes that can be extracted from the activities of this sector under different systems of taxation when the price of gambling is set by regulation above its competitive level the economic losses created by excessive investment in the sector can be reduced by taxation a turnover tax on the amount gambled can maximize both tax revenue and the economic welfare of the country due to administrative constraints a number of countries rely on the taxation of the casinos fixed assets or a combination of a turnover tax and a tax on fixed costs the model is applied to the situation in north cyprus the annual economic efficiency loss from its poorly designed tax policies on casino gambling is

short rate nonlinearities and regime switches abstract using non parametric estimation methods various authors have shown distinct non linearities in the drift and volatility function of the us short rate which are inconsistent with standard affine term structure models we document how a regime switching model with state dependent transition probabilities between regimes can replicate the patterns found by the non parametric studies to do so we use data from the uk and germany in addition to us data and include term spreads in some of our models we also examine the drift and volatility function of the term spread

rational expectations econometric analysis of changes in regime an investigation of the term structure of interest rates abstract this paper is of interest both for its methodological contribution of new tools for analyzing rational expectations models and for its substantive conclusions concerning the term structure of interest rates during the monetary experiment of october 1979 the paper studies systems subject to changes in regime interpreted here as occasional discrete shifts in the parameters governing the time series behavior of exogenous economic variables the specification is shown to be quite tractable both theoretically and empirically the technique is used to analyze yields on three month treasury bills and ten year treasury bonds during 1962 to 1987 a constant parameter linear model for short term rates is shown to be inconsistent both with the univariate time series properties of short rates and with the observed bivariate relation between long and short rates under the expectations hypothesis of the term structure an alternative nonlinear model that admits the possibility of changes in regime affords a much better description of the univariate process for short rates moreover the cross equation restrictions implied by the expectations hypothesis of the term structure are consistent with the nonlinear specification indeed the residuals of the restricted relation have a standard error of only 0 8 basis points this is a third less than that of a completely unrestricted linear regression of long rates on short rates and compares with an unconditional standard deviation of long rates of 142 basis points i conclude that once the recognition by bond traders of changes in regime is taken into account the expectations hypothesis of the term structure of interest rates holds up fairly well for these data

how strong are weak patents economists usually conceive of patents as property rights that prevent others from practicing the patenting technology unless they first obtain a license from the patent holder even for ironclad patents i e for patents that are certain to be valid the existing literature has shown that the analysis of equilibrium licensing contracts is surprising subtle and complex 1 for example the analysis is quite different depending upon whether one firm s licensing contract is observable to the other firms likewise equilibrium outcomes are quite different if royalties must be linear than in the case where two part tariffs and other non linear royalties are permitted in that literature a downstream firm that refuses to sign a contract with the upstream supplier either exits the industry in the case that the upstream supplier controls an essential input or must rely on more costly inputs in the case of a non essential input in other words the downstream firm s threat point is to use some backstop technology in practice however patents are issued after a brief examination by the patent office to see if they meet the statutory requirements for novelty and non obviousness mounting evidence indicates that many weak patents i e patents unlikely to be found valid if challenged in court are issued by the u s patent and trademark office uspto 2 some observers view this with great alarm arguing that uspto is handing out undeserved monopolies others by contrast have suggested that these weak patents are of little concern because they will have little commercial impact because they will be licensed at commensurately low royalty rates or not enforced at all we study the commercial impact of weak patents more precisely we define a patent s strength as the probability that it will be found valid if challenged in court and we examine the relationship between a patent s strength and the royalties that it can command the distinctive

differences between private firms owned by novice serial and portfolio entrepreneurs implications for policy makers and practitioners w esthead p u cbasaran d and w right m 2003 differences between private firms owned by novice serial and portfolio entrepreneurs implications for policy makers and practitioners reg studies 37 187 200 policy makers can target hard i e financial and soft i e technical assistance to firms some policy makers and practitioners are considering whether resources could be more effectively utilized if they were targeted towards habitual entrepreneurs rather than in the form of additional initiatives to increase the pool of pure nascent entrepreneurs and novice entrepreneurs to inform this policy debate similarities and differences between 354 firms owned by novice serial and portfolio entrepreneurs in scotland are highlighted with regard to the process of financing businesses organizational capabilities as well as the size and performance of the surveyed businesses presented empirical evidence confirms that portfolio entrepreneurs have more diverse experiences and more resources than

welfare optimal patent royalties when imitation is costly we identify welfare optimal patent royalties in a model of costly imitation entry and imperfect competition when the social planner may impose a compulsory license optimal royalties either blockade imitation facilitating unregulated monopoly or yield an aggregate zero profit efficient duopoly when duopoly is optimal the optimal per unit royalty pins the equilibrium price at the aggregate average cost and the optimal fixed royalty shifts surplus so the patentee and imitator break even efficient duopoly yields higher welfare than monopoly for sufficiently low invention cost and may also yield higher welfare than a prize system interestingly royalty payments may be negative because of this efficient duopoly may not be feasible if the planner must instead direct the courts to use such royalties

after the exit acquisitions entrepreneurial recycling and regional economic development mason c m and harrison r t 2006 after the exit acquisitions entrepreneurial recycling and regional economic development regional studies 40 55 73 most studies of the impact of mergers and acquisitions suggest they have a detrimental impact on economic development in peripheral regions over the longer term however such assessments fail to consider the post acquisition behaviour of the cashed out entrepreneurs it is argued here that acquisition triggers a process of entrepreneurial recycling in which the entrepreneurs use their newly acquired wealth allied to the experience they have accumulated to engage in other entrepreneurial activities notably starting new business ventures and investing in other businesses as business angels or venture capitalists case studies of five scottish technology based firms that were acquired by non uk companies illustrate this process when entrepreneurial recycling is taken into account the overall impact of acquisition on regional economic development

innovative opportunity pursuit human capital and business ownership experience in an emerging region evidence from ghana this study explores whether an entrepreneur s ability to assemble and leverage human capital particularly specific human capital relating to prior business ownership experience is associated with seven types of product and work practices innovation in an emerging region namely ghana logistic regression estimation revealed that portfolio entrepreneurs were more likely than novice entrepreneurs to report innovation tried multinomial logistic regression analysis revealed that portfolio entrepreneurs were more likely than other entrepreneurs to report innovation tried and introduced if the goals of policy are to increase the quality of new business start ups and maximize investment returns there is a case to target assistance to portfolio entrepreneurs

the economics of product patents this paper develops a model of product patents in which the patent changes the nature of market entry behavior rather than preventing entry entirely the model incorporates three levels of action namely the innovator s patenting decision the potential entrant s location decision and possible court action the analysis demonstrates how the characteristics of the patents system and the enforcement framework can influence rivals variety choices and thus the market equilibrium it also considers how the system can in principle be adjusted to improve social welfare copyright 1990 by american economic association

how broad should the scope of patent protection be i explore the trade off between a patent s length that is its lifetime and its width that is its scope of coverage a wider patent generally reduces the distortion of consumers choices between the patented brand of the product and unpatented lower priced varieties sold by competitors but also permits higher prices which increase relative to profits the deadweight losses from consumers switching consumption out of the product class i show under what conditions infinitely lived but very narrowly focused patents are the socially efficient way to reward innovation and under what conditions very short lived but very broad patents are optimal

tests of the capm with time varying covariances a multivariate garch approach this paper examines an asset pricing model in which the sharpe lintner capm and the zero beta capm are special cases the model allows the ratio of expected market risk premium to market variance the conditional expected excess returns and the risks to change over time the results are found to be sensitive to the choice of the portfolio formation techniques significant time variability is shown in the conditional expected excess asset returns and risks and also in the reward to risk ratio

pharmaceutical patents incentives for research and development or marketing we analyze how a patent holding pharmaceutical firm may strategically use advertising of existing drugs to affect research and development r d investments in new differentiated drugs and thereby affect the probability distribution of future market structures in the industry within a fairly general model framework we derive exact conditions for advertising and r d being substitute strategies for the incumbent firm and show that it may overinvest in advertising to reduce the incentive for an entrant to invest in r d thereby reducing the probability of a new product on the market in a more specific setting of informative advertising we show that such overinvestment incentives are always present and that more generous patent protection implies that a larger share of the patent rent is spent on marketing relative to r d

strategic patent breadth and entry deterrence with drastic product innovations abstract this paper examines the innovator s patent breadth decision that maximizes innovation rents when the innovation is drastic and there is potential entry by a superior quality product and a likelihood of patent challenge analytical results show that the innovator can use patent breadth to deter entry and in most cases entry deterrence can be accomplished with narrower rather than broader patent protection when entry cannot be deterred a narrow patent breadth can enhance product differentiation in a vertically differentiated product market

information sharing price negotiation and management buy outs of private family owned firms perspectives relating to agency theory information asymmetries and game theory were utilized to explore two outcomes associated with the management buy out mbo or management buy in mbi of former private firms whether information was shared equally between vendors i e family firm owners and purchasers i e mbo i management teams and whether a mutually agreed price was achieved with reference to the themes of company ownership structure governance structure and company objectives several hypotheses were derived survey evidence was gathered from the managers of 114 former private family owned firms located across europe that recently reported an mbo i multiple logistic regression analysis detected that respondents in founded first generation family firms and those reporting a high focus on the strategic importance of the market value increment were more likely to report that information was shared equally between vendors and purchasers respondents reporting no suitable family successor had been identified a high focus on the strategic importance of the market value increment and the involvement of venture capitalists in succession planning were more likely to report that a mutually agreed sale price had been achieved implications for practitioners and researchers are discussed

inheriting knowledge and sustaining relationships what stimulates the innovative performance of small software firms in the netherlands abstract previous studies showed that firms established by experienced founders have higher survival rates and employment growth but the potential effect of pre entry experiences on innovation remains unclear using an original dataset we examine the effect of founder s experiences the relationship with the founder s previous employer and spatial proximity to the previous workplace on the innovative performance of small software firms in the netherlands apart from entrepreneurial experiences the results suggest no effect of pre entry experiences continued contacts with the founder s previous employer appear to limit the firm s innovative performance but firms do benefit from being established near the previous workplace

optimal patent life vs optimal patentability standards abstract this note considers a new dimension in optimal patent design by treating strategic roles as a policy instrument it is shown that contrary to established wisdom welfare is not always maximized when the patent office optimizes over patent life and plays the role of stackelberg leader when innovations are not difficult leadership is irrelevant and setting a high minimum patentability standard is more valuable than setting patent life

dynamic r d competition the authors study a simple two stage stochastic patent race involving two firms they examine the behavior of the participants as they gain the lead or fall behind in the race the authors find that the leader engages in rd 2 a policy of issuing patents for intermediate research results and 3 the effects of research joint ventures whereby the firms coordinate their initial research efforts and share their results copyright 1987 by royal economic society

pre grant patent publication and cumulative innovation abstract we examine the implications of pre grant publication pp of patent applications in the context of a cumulative innovation model we show that pp leads to fewer applications and fewer inventions but it may raise the probability that new technologies will reach the product market and thereby enhances consumer surplus and possibly total welfare as well

competition and regulation in vertically related markets in an industry where naturally monopolistic and competitive activities are vertically related should the natural monopolist be allowed also to operate in the deregulated competitive sector unlike much of the literature on vertical integration this paper assumes that monopoly pricing behaviour is regulated and therefore the effect of vertical integration on the task of regulation is central to the analysis in the model there is both imperfect information and imperfect competition when vertical integration by the monopolist is allowed the regulator s task is made harder insofar as the monopolist has anticompetitive incentives to raise rivals costs on the other hand integration may lead to there being fewer firms in the deregulated sector and hence less duplication of fixed costs the overall welfare comparison between separation and integration is ambiguous as two simple examples illustrate various extensions to the analysis are also considered one of the central questions in debates on regulatory reform is how to organize industries that contain both naturally monopolistic and potentially competitive activities electricity transmission and distribution are characterized by natural monopoly cost conditions but electricity generation is not in the gas industry pipeline services may be naturally monopolistic but supply to larger customers is not in telecommunications natural monopoly is more a feature of local network operations than of long distance operations and is not present in apparatus manufacture and supply or in the provision of value added services in railways while the infrastructure of track and stations is naturally monopolistic the supply of train services might not be policy developments notably those associated with privatization in britain and deregulation in the united states have sometimes led to radical structural reform in these industries at t for decades a vertically integrated monopolist was required under the 1982 settlement of its long running antitrust case against the u s government to divest itself of its local network operations the central electricity generating board cegb in england and wales was restructured both vertically transmission grid activities were separated from generation and horizontally before privatization in 1990 1991 by contrast british telecom was privatized as a vertically integrated dominant firm bt now faces competition from mercury and others especially in the long distance market but its dominance of local network operations might affect competition there and in other areas such as apparatus supply the local network monopoly would of course have to be regulated in any event but its link via ownership to vertically related and potentially competitive activities poses additional regulatory questions many of the efforts of the regulatory body oftel notably in relation to interconnection between bt s and rivals 1 for a general account of the theory and british experience of regulatory reform in the utility industries