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Patents and Open Innovation: Bad Fences Do Not Make Good Neighbors

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  • Julien Pénin
  • Daniel Neicu

Abstract

This paper analyses the links between patents and open innovation. Departing from the ?second best? approach to patents, it has recently been argued that patents can accelerate open innovation by fostering collaborations, exchanges and interactions between actors in the innovation process. The argument put forward is that ?good fences make good neighbors?, suggesting that by protecting innovative actors from free-riding, patents reduce the costs and dangers of open innovation. We show that patents do not necessarily provide good fences. The proliferation of patents in some sectors and the bad quality of patent information usually makes it very difficult in reality to agree upon what is and what is not protected by a patent. This prompts problems such as anticommons, trolling (hold-up), and the multiplication of wasteful litigations. We conclude by discussing some evolutions of patent laws which could limit those problems and make patents a real support for open innovation. Codes JEL: O34

Suggested Citation

  • Julien Pénin & Daniel Neicu, 2018. "Patents and Open Innovation: Bad Fences Do Not Make Good Neighbors," Journal of Innovation Economics, De Boeck Université, vol. 0(1), pages 57-85.
    • Handle: RePEc:cai:jiedbu:jie_025_0057
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    Citations

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    Cited by:

    1. Ayerbe, Cécile & Azzam, Jamal & Boussetta, Selma & Pénin, Julien, 2023. "Revisiting the consequences of loans secured by patents on technological firms' intellectual property and innovation strategies," Research Policy, Elsevier, vol. 52(8).
    2. Markus Overdiek & Thomas Rausch & Kai Gramke, 2020. "Weltklassepatente — das „Gold“ der Wissensökonomie? [World Class Patents — The Gold of the Knowledge Economy?]," Wirtschaftsdienst, Springer;ZBW - Leibniz Information Centre for Economics, vol. 100(9), pages 718-723, September.
    3. Reher, Leonie & Runst, Petrik & Thomä, Jörg, 2022. "Personality and regional innovativeness: An empirical analysis of German patent data," ifh Working Papers 39/2022, Volkswirtschaftliches Institut für Mittelstand und Handwerk an der Universität Göttingen (ifh).
    4. Călin Florin Băban & Marius Băban, 2022. "An Orchestration Perspective on Open Innovation between Industry–University: Investigating Its Impact on Collaboration Performance," Mathematics, MDPI, vol. 10(15), pages 1-23, July.
    5. Dong HUO & Jianwei DANG & MOTOHASHI Kazuyuki, 2021. "Leveraging Standard Essential Patents for Capturing Innovation Rents: The Strategic Disclosure of License Rules," Discussion papers 21028, Research Institute of Economy, Trade and Industry (RIETI).

    More about this item

    Keywords

    patent; open innovation; trolls; anticommons; notice failure; notice externality;
    All these keywords.

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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