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Patent Pools, Competition, and Innovation—Evidence from 20 US Industries under the New Deal

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  • Ryan Lampe
  • Petra Moser

Abstract

Patent pools have become a prominent mechanism to reduce litigation risks and facilitate the commercialization of new technologies. This article takes advantage of a window of regulatory tolerance under the New Deal to investigate the effects of pools that would form in the absence of effective antitrust. Difference-in-differences regressions of patents and patent citations across 20 industries imply a 14% decline in patenting for each additional patent that is included in a pool. An analysis of the mechanism by which pools discourage innovation indicates that this decline is driven by technologies for which the creation of a pool weakened competition in R&D. (JEL K21, L24, L41, O31)

Suggested Citation

  • Ryan Lampe & Petra Moser, 2016. "Patent Pools, Competition, and Innovation—Evidence from 20 US Industries under the New Deal," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(1), pages 1-36.
    • Handle: RePEc:oup:jleorg:v:32:y:2016:i:1:p:1-36.
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    File URL: http://hdl.handle.net/10.1093/jleo/ewv014
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    Citations

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    Cited by:

    1. Massimo Florio & Simona Gamba, 2021. "Biomed Europa: After the coronavirus, a public infrastructure to overcome the pharmaceutical oligopoly," Annals of Public and Cooperative Economics, Wiley Blackwell, vol. 92(3), pages 387-409, September.
    2. Stephen D Billington & Alan J Hanna, 2021. "That’s classified! Inventing a new patent taxonomy [Text matching to measure patent similarity]," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 30(3), pages 678-705.
    3. Kwon, Deuksin & Lee, Ha Young & Cho, Joon Hyung & Sohn, So Young, 2023. "Effect of an open patent pool strategy on technology innovation in terms of creating shared value," Technological Forecasting and Social Change, Elsevier, vol. 187(C).
    4. Herzer, Dierk, 2020. "How does mortality affect innovative activity in the long run?," World Development, Elsevier, vol. 125(C).
    5. Appio, Francesco Paolo & Baglieri, Daniela & Cesaroni, Fabrizio & Spicuzza, Lucia & Donato, Alessia, 2022. "Patent design strategies: Empirical evidence from European patents," Technological Forecasting and Social Change, Elsevier, vol. 181(C).
    6. Bekkers, Rudi & Catalini, Christian & Martinelli, Arianna & Righi, Cesare & Simcoe, Timothy, 2023. "Disclosure rules and declared essential patents," Research Policy, Elsevier, vol. 52(1).
    7. Cao, Zixia, 2022. "Brand equity, warranty costs, and firm value," International Journal of Research in Marketing, Elsevier, vol. 39(4), pages 1166-1185.
    8. Tomoyuki Shimbo & Sadao Nagaoka & Naotoshi Tsukada, 2024. "Dynamic Effects of Patent Pools: Evidence from Inter-Generational Competition in the Optical Disc Industry," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 64(3), pages 383-419, May.
    9. Aydogmus, Ozgur, 2022. "Increasing returns and path dependence in knowledge creation and their effects on the dynamics of patent pools," Structural Change and Economic Dynamics, Elsevier, vol. 62(C), pages 467-477.
    10. Zhang, Jianhong & Jiang, Jiangang, 2024. "Investment deregulation and innovation performance of Chinese private firms," Journal of Financial Stability, Elsevier, vol. 70(C).
    11. Massimo Florio & Chiara Pancotti, 2022. "European pharmaceutical research and development. Could a public infrastructure overcome market failures?," Working Papers 202202, CSIL Centre for Industrial Studies.
    12. Gram, Dennis & Karapanagiotis, Pantelis & Krzyzanowski, Jan & Liebald, Marius & Walz, Uwe, 2021. "An extensible model for historical financial data with an application to German company and stock market data," SAFE Working Paper Series 300, Leibniz Institute for Financial Research SAFE.

    More about this item

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L24 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Contracting Out; Joint Ventures
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives

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