共查询到20条相似文献，搜索用时 941 毫秒
1.
《Research Policy》2022,51(10):104600
Innovative industries need efficient markets for technology (MFTs). One determinant of MFT efficiency neglected until now is licensing level—that is, the level in the value chain where patents are licensed. Patents may be licensed upstream, to firms that put the patented knowledge into practice. I refer to this as integrated licensing. Alternatively, patents may be licensed further downstream in the value chain, in particular to makers of final devices. I call this bifurcated licensing since it separates intellectual property rights from the technical knowledge they cover. I study the licensing level of essential patents on communication standards such as LTE and Wi-Fi in relation to the Internet of Things (IoT). The choice of licensing level in this context is currently a hotly debated topic. To show how bifurcated licensing affects MFT efficiency, I present empirical evidence from a qualitative study comprising interviews with 30 individuals from 22 diverse firms, focusing on startups. IoT device makers clearly find the uncertainty regarding infringement, patent validity, and the licensing process hinders efficient licensing, which is compounded by the large number of IoT device makers and, for SMEs and startups, by resource constraints. As a theory contribution, I show that a patent's licensing level need not correspond with the implementation level of the patented knowledge—in other words, licensing may be bifurcated rather than integrated. I develop a model of how licensing level affects MFT efficiency. Implications for practice are that device-level licensing of standard-essential patents (SEPs), if broadly implemented, would have a negative effect on innovation and entrepreneurship in the IoT. Policymakers should ensure that SEP licensing is simplified. 相似文献
2.
3.
《Research Policy》2022,51(1):104372
Exclusivity is a key concern when designing a licensing contract, yet the organizational factors that influence the exclusive provision of university licenses remain underexplored. This study provides a deeper understanding of this question by developing a balanced framework that considers both licensors (universities) and licensees (companies) in licensing deals. Furthermore, we posit that university prestige affects both a university's ability to conduct non-exclusive licensing and a firm's incentive to obtain an exclusive license, thereby shaping their joint willingness to license (non-)exclusively. We also examine how technology transfer office (TTO) experience and prior collaboration between a university and a firm moderate this relationship. To test the hypotheses, we use a dataset consisting of 6653 licensed patents owned by 117 representative Chinese universities. We find that an inverted U-shaped relationship exists between university prestige and the likelihood that two parties choose exclusive licensing. Moreover, the moderating effect of TTO experience is partially supported while that of prior collaboration is fully supported. Our findings generate important implications for the relative social impacts of exclusive and non-exclusive licensing of technology inventions as well as the management of university licensing. 相似文献
4.
通过构建一个包含多项初始专利技术的序贯研发模型讨论了序贯创新背景下最优专利宽度的设计原则,并在此基础上考察了专利宽度对创新阻塞的协调机制以及专利联盟的社会福利效应。在该模型中,专利宽度的调节不仅能够影响后续创新对初始专利技术的侵权概率,还可以改变现有专利技术的实际数量。研究表明,最优的专利宽度应当使事后专利许可下初始专利的期望许可价格等于诱使厂商进行初始研发的临界价格。这一专利宽度水平不仅可以为初始创新提供必要的激励,而且可以限制事前许可价格和事后许可的期望价格,从而缓解许可收费对后续研发决策的扭曲。由于专利联盟的联合利润最大化定价会阻碍专利宽度对事前专利许可定价的调节,因此专利联盟无法增进社会福利,反而可能会带来社会福利的净损失。 相似文献
5.
We examine patent licensing business models of non-practicing entities that generate revenue by selling, licensing, or litigating patents. They may also pursue R&D activities, invent new technologies, or provide services to inventors or product companies. We describe their business models and patent market behavior and then compare their litigation strategies against product companies using a matched sample of highly comparable patents. The main differences among patent licensing firms stem from their technological capabilities, patent portfolio sizes, and external relationships. We find that licensing firms with technological capabilities often pursue litigation until decision and engage in forum shopping. In contrast, litigation incidence, parties involved, and outcomes are primarily determined by patent characteristics, not entity types. Licensing business models drive the acquisition of certain types of patents that influence the outcomes of the patent system. We argue that patent policy should strengthen mechanisms to discover invention quality rather than focus on the amount of litigation or types of entities. 相似文献
6.
Despite the economic significance of patented university research, it is difficult to measure the economic value of academic patented inventions and observe the extent to which universities are able to capture such value through patent licensing. Moving beyond assessing commercialization performance by simple statistics, we propose a new approach to benchmarking university patents and commercialization performance based on comparative corporate patent value. Our procedure involves matching university patents to patents with similar patent characteristics granted to public corporations, then estimating the “potential value” of these university patents by stock market reactions to grants of the matched corporate patents. These estimated values of university patents can significantly explain the technology-level income from licensing by a leading US research university and the annual licensing income of the member universities of the Association of University Technology Managers’ (AUTM). We find that AUTM universities realize an average of 16% of the estimated value of matched corporate patents. We also investigate correlates of university‐level potential patent value and suggest avenues for future research. 相似文献
7.
As university involvement in technology transfer and entrepreneurship has increased, concerns over the patenting and licensing of scientific discoveries have grown. This paper examines the effect that the licensing of academic patents has on journal citations to academic publications covering the same scientific research. We analyze data on invention disclosures, patents, and licenses from the University of California, a leading U.S. academic patenter and licensor, between 1997 and 2007. We also develop a novel “inventor-based” maximum-likelihood matching technique to automate and generalize Murray's (2002) “patent-paper pairs” methodology. We use this methodology to identify the scientific publications associated with University of California patents and licenses.Based on a “difference-in-differences” analysis, we find that within our sample of patented academic discoveries, citations to licensed patent-linked publications are higher in the three years after the license, although this difference is not statistically significant. We then disaggregate our sample into (a) patented discoveries that are likely to be used as “research tools” by other researchers (based on the presence of material transfer agreements (MTAs) that cover them) and (b) patented discoveries not covered by MTAs. Citations to publications linked to licensed patents in the latter subset (not covered by MTAs) are higher for publications linked to licensed patents, and this difference is statistically significant. In contrast, licensing of patented discoveries that are also research tools is associated with a reduction in citations to papers linked to these research advances, raising the possibility that licensing may restrict the flow of inputs to “follow-on” scientific research. 相似文献
8.
Masayo KaniKazuyuki Motohashi 《Research Policy》2012,41(1):226-235
This paper provides an empirical analysis of the technology market for patents in Japan, by using a novel firm-level dataset that combines a Japanese Patent Office survey titled Survey of Intellectual Property Activities, the Institute of Intellectual Property patent database, and the Licensing Activity Survey conducted by the University of Tokyo. In this paper, we use a two-step model to estimate a firm's licensing propensities; the first step estimates the determinants of potential licensors (willingness to license) and the second step identifies the factors of the actual licensing out of technology (licensing propensity). We found that a significant number of patents held by firms are not licensed out, although the owners are willing to do so. Our econometric analysis reveals that a major factor behind this technology market imperfection is the potential licensors’ difficulty in finding licensing partners. 相似文献
9.
专利权人在向标准组织申请将其专利写入标准时,通常需要披露专利并遵循"公平、合理和非歧视(FRAND)"许可原则,但是FRAND原则充满模糊性。如何理解和适用FRAND原则直接关系到技术标准的推广和创新的激励。以我国近期发生的4起标准必要专利案件为例,分析我国如何解释与适用FRAND原则,以明确我国对标准必要专利许可的专利政策。 相似文献
10.
《Research Policy》2022,51(5):104477
It is yet unclear whether patents and copyright are effective at protecting digital innovations. In this paper, we investigate this question using novel product-level data on mobile apps, in which we relate the use of both patents and copyright to (i) revenue performance and (ii) IP licensing. We theorize that these relationships depend on differences in product-level characteristics and that apps differentiated by their design are more likely and effectively to be protected by patents; apps combining elements of differentiated content are more likely and effectively protected by copyright. Our results support these predictions that product characteristics shape the appropriate contingent use of patent and copyright protection in digital products. These patterns are especially relevant to industries where digital products combine elements of differentiated design and differentiated digital content. 相似文献
11.
We examine how R&D portfolios of drug pipelines affect pharmaceutical licensing, controlling firm size, diversity, and competition. The data collected comprises 434 license-ins and 329 license-outs closed by 54 Japanese pharmaceutical companies between 1997 and 2007. We pay special attention to stage-specific licensing by dividing the innovation process into early and late stages. Joint estimates of license-in and license-out using seemingly unrelated regressions (SUR) reveal that drug pipelines significantly affect stage-specific licensing, inducing portfolio effect that lead to smoothing drug pipelines across early and late stages. 相似文献
12.
University patenting and its effects on academic research: The emerging European evidence 总被引：4，自引：0，他引：4
This paper surveys the existing fragmentary data on the growth of university-owned patents and university-invented patents in Europe. We find evidence that university patenting is growing, but this phenomenon remains heterogeneous across countries and disciplines. We found some evidence that university licensing is not profitable for most universities, although some do succeed in attracting substantial additional revenues. This might be due to the fact that patents and publications tend to go hand in hand. In a dynamic setting however, we fear that the increase in university patenting exacerbates differences across universities in terms of financial resources and research outcome. 相似文献
13.
14.
We analyze how mid-range universities can contribute to industrial change through the transfer of tacit and codified knowledge in the areas of spin-offs; licensing and patents; contract research, consultancy and reach-out; and graduate and researcher mobility. We use archival, survey and interview data relating to mid-range universities in mid-range environments in the UK, Belgium, Germany and Sweden. Our findings suggest that mid-range universities primarily need to focus on generating world-class research and critical mass in areas of expertise, as well as developing different types of intermediaries. Mid-range universities may need to develop a portfolio of university-industry linkages in terms of the scope of activities and the types of firms with which they interact. We also show that different intermediaries have important roles to play in developing university-industry linkages for mid-range universities. 相似文献
15.
拥有互补性专利的双寡头厂商可以进行三种方式的专利交易,分别是无专利授权、交叉许可授权和专利联盟授权.通过构建两阶段动态博弈模型计算不同专利交易方式的市场绩效,并从企业和社会两个角度分析三种专利交易方式的优劣.结果表明:从企业层面来说,专利联盟授权是企业最优的专利交易方式,因为专利联盟授权使企业获得最大的生产者剩余;而从社会层面来说,政府应该认真审核积极引导专利联盟的组建,因为专利联盟授权有可能降低消费者剩余,损害消费者利益. 相似文献
16.
17.
专利技术许可已经成为开放式创新时代企业获取创新利益的重要方式,而何时进行专利许可是企业面临的重要决策问题。本文根据专利的法律化过程将专利许可时间分为专利申请-公开之间、公开-授权之间以及授权后,重点考察不同创新规模条件下企业的专利许可时间决策差异。通过将专利公开效应与授权效应纳入到企业专利许可时间决策模型,从理论上推导出企业创新规模与专利许可时间决策的关系,即：（1）企业创新规模增加会导致专利申请-公开之间许可的概率增加;（2）企业创新规模增加会导致专利公开-授权之间许可的概率先增加后降低,即企业创新规模对专利公开-授权之间许可概率的影响呈倒U型;（3）企业创新规模增加会导致专利授权后许可的概率降低。然后,本文利用2001-2015年中国企业在国家知识产权局申请且第一次备案许可的11865条发明专利进行实证研究,结果验证了以上所有理论命题。本研究从理论上揭示了不同创新规模企业的专利许可时间决策机制,对我国企业技术转移策略选择以及技术转移政策设计具有重要实践启示。 相似文献
18.
标准必要专利是行业标准的必要技术,专利劫持产生的原因是专利与标准之间的利益冲突。专利权人不当申请禁令救济,破坏市场自由竞争,损害标准实施者合法利益。标准必要专利权人负有对外许可的义务,应当向所有标准实施者进行许可,而专利劫持却是一种违约行为。只有依据利益平衡的原则考虑签发禁令,确定标准必要专利的合理许可费,才能使标准专利的各方当事人对峙或冲突中走向相互协调,在法律规则的制定与完善中,实现司法禁令救济的正当性。 相似文献
19.
核心专利在产业中具有重要的地位,从理论上区分核心专利与基本专利、外围专利和重要专利等术语,总结归纳核心专利的特征以及定义。进而,以新能源汽车装置领域为专利数据样本,利用多元回归模型实证分析核心专利挖掘指标对核心专利的影响效应及解释能力,得到引用专利数量、IPC分类号数量、同族专利数量和同族专利被引用专利数量指标对核心专利显著正相关,说明书页数、附图页数和摘要字数逻辑回归中不显著,即其在核心专利挖掘中所起作用非常小,专利许可是有可能对核心专利显著正相关,专利权利转移与核心专利之间没有什么关系。研究从实证角度对核心专利挖掘指标的理论基础,对于核心专利挖掘具有重要的指导意义。 相似文献
20.
《Research Policy》2013,42(10):1780-1792
It is well known that not all innovations are patented, but the exact volume of innovative activities undertaken outside the coverage of patent protection and, relatedly, the actual propensity to patent an innovation in different contexts remain, to a major degree, a matter of speculation. This paper presents an exploratory study comparing systematically patented and unpatented innovations over the period 1977–2004 across industrial sectors. The main data source is the ‘R&D 100 Awards’ competition organized by the journal Research and Development. Since 1963, the magazine has been awarding this prize to the 100 most technologically significant new products available for sale or licensing in the year preceding the judgments. We match the products winners of the R&D 100 awards competition with USPTO patents and we examine the variation of patent propensity across different contexts (industries, geographical areas and organizations). Finally we compare our findings with previous assessments of patent propensity based on several sources of data. 相似文献