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

Pénin, Julien; Neicu, Daniel

doi:10.3917/jie.025.0057

Cited by 20 publications

(12 citation statements)

References 106 publications

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“…At the subsequent stage, patents inspire their implementation in the economy through the transfer of licences. Thus, the patents' prices grow more dynamically [8]. Studies have confirmed that external R&D partners have access to the patent's imminent knowledge resource and tacit IP knowledge.…”

Section: Related Literaturementioning

confidence: 99%

The Dependence of Patents From R&D Outlays and R&D Employees in European Union Countries

Zwolak

2021

Wseas Transactions on Business and Economics

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The research described herein seeks to determine the regressive dependence of the number of patents on the outlays on research-and-development and the number of those employed in the R&D sector, and to calculate on this basis the marginal and average cost/resource-intensity and labour-intensity of patents in the European Union countries in the years 2016 and 2019. Studies have shown that the total of the flexibility of the number of patents versus R&D outlays and R&D employment was identical for both years (i.e., 0.97). Hence, a method to determine whether undulation exists with the same total flexibility has been demonstrated. A 5.4 per cent decrease in the intensity of flexibility in the number of patents was identified for 2019. The research has shown that the growth in the number of patents proves to be in line with the growth of mean labour-intensity of patents for the years concerned. This proves that the knowledge resource plays a specific part in creating the number of patents for the counties and years under examination

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Section: Related Literaturementioning

confidence: 99%

The Dependence of Patents From R&D Outlays and R&D Employees in European Union Countries

Zwolak

2021

Wseas Transactions on Business and Economics

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“…Since the uses of patents significantly differ across technological fields and industries (Orsenigo et al, 2010), we would also expect significant differences in the recording lags of patent transactions. In particular, since the Information and Communications Technology (ICT) sector is the most prone to notice failure (Menell and Meurer, 2013) and to opportunistic patent litigation (Bessen et al, 2008) -due to a mix of factors, like the complexity of the technology, the large number of patents filed and the fast obsolescence of the technology (Pénin and Neicu, 2018) -, we would expect longer recording lags when transactions concern ICT patents are that are acquired for litigation purposes, especially when the patent buyer is a PAE.…”

Section: Ict Sectormentioning

confidence: 99%

Patent Assertion Entities and Patent Ownership Transparency: Strategic Recording of Patent Transactions at the Uspto

Sterzi¹

2021

Journal of Competition Law &Amp; Economics

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Many patent assertion entities (PAEs) hide behind multiple unknown subsidiaries or shell companies with obscure ownership. Meanwhile, the United States Patent and Trademark Office (USPTO), like many other patent offices, does not impose a strict time period for recording the change of ownership of a patent, allowing the holder to gain an advantage by controlling the timing of its ownership disclosure. In this paper, we study to which extent PAEs delay the recording of the U.S. patent reassignments of patents that they will subsequently use in infringement patent lawsuits. On average, PAEs notify the change of ownership more quickly than producing firms, but this is not the case for the patents that they will litigate relatively far in time. In particular, the correlation between the recording lag of the patent transaction and the litigation spell is higher when the patent acquirer is a PAE (than when it is a producing firm) or when the acquirer will litigate the patent in the Eastern District of Texas, famously home to opportunistic litigations. Finally, we find that transactions involving unknown subsidiaries of PAEs are recorded at the USPTO significantly later than those involving PAE parent companies or their known subsidiaries.

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“…Finally, they help manage the outflows of knowledge and the distribution of profits by enabling either out-licensing strategies or by ensuring the maintenance of exclusivity and its associated profits. As such, in open innovation, firms are not only producers but also active users of patents and other means of intellectual property rights (IPRs) (Pénin and Neicu 2018).…”

Section: Open Innovation and Intellectual Propertymentioning

confidence: 99%

Open Innovation and Value Creation in Crop Genetics

Müller

Campos

2020

The Innovation Revolution in Agriculture

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The development of cultivars exhibiting improved climate resilience and containing effective input and agronomic traits and their adoption by growers and acceptance by supply chains, consumers, and society remain essential drivers of a successful agricultural strategy directed to feed the world and overcome the challenges brought by nature, an increasingly stringent regulatory environment, and an ever-growing population. In order to deliver on the daunting challenge of providing affordable, nutritious food to humankind, while reducing agriculture’s environmental footprint, new innovation models are needed. Open innovation is being adopted by seed companies in order to tap into the vast pool of human talent available beyond their boundaries and increase their ability to generate, adopt, develop, and bring to market novel technologies while building upon the increasing global community of innovators and harnessing the resources of venture capitalists. In addition, open innovation can help streamline product development processes, as well as lead to the exploration of novel markets which would otherwise go unexploited. At the same time, open innovation provides the means for other firms and entrepreneurs to gain access to technologies which would be beyond the scope of their development abilities but which can be leveraged to create significant value for their own customers and markets. This chapter provides an updated perspective on the most salient aspects of open innovation. Though its main focus is crop genetics and the development of improved cultivars, the general principles discussed also apply to other activities associated with the value chains linking agriculture and customers.

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

Cited by 20 publications

References 106 publications

The Dependence of Patents From R&D Outlays and R&D Employees in European Union Countries

The Dependence of Patents From R&D Outlays and R&D Employees in European Union Countries

Patent Assertion Entities and Patent Ownership Transparency: Strategic Recording of Patent Transactions at the Uspto

Open Innovation and Value Creation in Crop Genetics

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