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Notice failure revisited: Evidence on the use of virtual patent marking

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  • Gaétan de Rassenfosse

Abstract

One source of uncertainty in the patent system relates to the difficulty in identifying products that are protected with a patent. This paper studies the adoption by U.S. patentees of “virtual patent marking,” namely the online provision of constructive notice to the public that an article is patented. It proposes a simple model of the decision to adopt patent marking and empirically examines factors that affect adoption. Data suggest that about 12 percent of patent holders overall provide virtual marking information (and perhaps about 25 percent of commercially active assignees). Econometric analysis suggests that the most discriminant factor of the adoption of virtual marking is the size of the patent portfolio. The likelihood of adoption increases with portfolio size, consistent with evidence that firms with a larger patent portfolio are more likely to be infringed.

Suggested Citation

  • Gaétan de Rassenfosse, 2018. "Notice failure revisited: Evidence on the use of virtual patent marking," NBER Working Papers 24288, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:24288
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    Cited by:

    1. Gaétan de Rassenfosse & Kyle Higham, 2024. "Decentralising the patent system," Chapters, in: Walter G. Park (ed.), Handbook of Innovation and Intellectual Property Rights, chapter 8, pages 120-138, Edward Elgar Publishing.
    2. Higham, Kyle & de Rassenfosse, Gaétan & Jaffe, Adam B., 2021. "Patent Quality: Towards a Systematic Framework for Analysis and Measurement," Research Policy, Elsevier, vol. 50(4).
    3. Baslandze, Salomé & Argente, David & Hanley, Douglas & Moreira, Sara, 2020. "Patents to Products: Product Innovation and Firm Dynamics," CEPR Discussion Papers 14692, C.E.P.R. Discussion Papers.
    4. Durvasula, Maya & Hemphill, C. Scott & Ouellette, Lisa Larrimore & Sampat, Bhaven & Williams, Heidi L., 2023. "The NBER Orange Book Dataset: A user’s guide," Research Policy, Elsevier, vol. 52(7).
    5. Joshi, Amol M. & Hemmatian, Iman, 2018. "How do legal surprises drive organizational attention and case resolution? An analysis of false patent marking lawsuits," Research Policy, Elsevier, vol. 47(9), pages 1741-1761.

    More about this item

    JEL classification:

    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • K29 - Law and Economics - - Regulation and Business Law - - - Other
    • 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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