Does Licensing Resolve Hold Up in the Patent Thicket?

In a patent thicket licensing provides a mechanism to either avoid or resolve hold up. We study the choice between ex ante licensing to avoid hold up and ex post licensing to resolve it. Firms’ choice of licensing contract is studied in the context of a patent portfolio race. We show that high expected blocking leads to ex ante licensing while ex post licensing arises if expected blocking is low but realized blocking is high. Also, ex ante licensing reduces firms’ R&D incentives. A sample selection model of licensing is derived from the theoretical model. In this framework theoretical predictions on effects of blocking are tested with data from the semiconductor industry. We show that licensing helps firms to resolve blocking. However, licensing is not a cure all: it decreases as fragmentation of property rights increases and arises mainly between large firms with similar market shares. Using a treatment effects model we also confirm the prediction that ex ante licensing reduces the level of R&D investment

Licensing in a Vertically Separated Industry

The literature on technology licensing has ignored the importance of market power of the input supplier. In this paper we examine the impact of licensing in the downstream industry when the firms in the upstream industry have market power. We show that licensing in the downstream industry can make the upstream industry more competitive. However, licensing in the downstream industry is profitable if and only if licensing changes the concentration in the upstream industry. We also show that a monopolist in the final goods market has the incentive for licensing if licensing changes the market structure of the upstream industry.Entry, Licensing, Downstream industry, Upstream industry

Insider patent holder licensing in an oligopoly market with different cost structures: Fixed-fee, royalty, and auction

The issue of the optimal licensing contract in firms having different cost structures is studied when the innovator is a producing patent holder who has three alternative licensing strategies, namely, the fixed-fee, royalty rate, and auction strategies. We conclude that the auction licensing strategy is not the best strategy when the innovator is a producing patent holder. This finding differs from that of Kabiraj (2004) where the auction licensing method is the optimal licensing strategy when the innovator is a non-producing patent holder. However, when we only compare two of the licensing methods, namely, the fixed-fee licensing method and the royalty licensing method, we conclude that if the inside innovator licenses to only some of the firms, then the royalty licensing method will be the best strategy. This result is different from that of Fosfuri and Roca (2004), who concluded that if only some of the licensees obtain a licensing contract, then the fixed-fee licensing method will be the best choice for a producing patent holder.Licensing strategy, Cost structure, Auction

Licensing in the Patent Thicket - Timing and Benefits

Licensing can be a solution for hold-up in patent thickets. In this paper we study whether licensing is an effective solution for hold-up. To do this we distinguish between ex ante and ex post licensing. A theoretical model shows that firms’ expectations of blocking in a patent thicket determine whether they license ex ante while ex post licensing arises if expected blocking was low but realized blocking turns out to be high. It can also be shown that ex ante licensing will allow firms to reduce their patenting efforts. A sample selection model of licensing is derived from the theoretical model. Applying this to data from the semiconductor industry we show that licensing does help firms to resolve blocking. However, the probability of observing licensing decreases as fragmentation of property rights increases and arises mainly between large firms with similar market shares. Licensing experience is also an important determinant of licensing. As expected ex ante licensing allows firms to reduce the level of patenting.Hold-Up Problem; Licensing; Innovation; Patent Race; Patent Thicket

Licensing and Patent Protection

We show the impact of technology licensing on optimal patent policy. Strong patent protection that eliminates imitation may not be the equilibrium outcome in the presence of licensing. Depending on the cost of innovation, licensing may either increase or reduce the strength of the patent protection.Patent protection; Technology licensing; Welfare

Licensing by a monopolist and unionized labor market

We show that a monopolist final goods producer may find it profitable to create competition by licensing its technology if the input market is imperfectly competitive. With a centralized union, we show that licensing by a monopolist is profitable under both uniform and discriminatory wage settings by the union. However, the incentive for licensing is higher under the former situation. We also show that licensing by the monopolist is profitable under both quantity and price competition, and the incentive for licensing is higher under price competition than under quantity competition. Our qualitative results hold even with decentralized unions. --Licensing,Labor union,Price competition,Quantity competition

Technology licensing in a differentiated oligopoly

We show the effects of product differentiation and competition on technology licensing by an outside innovator. Both the innovator and the society are better off under royalty licensing compared to auction (or fixed-fee) if the number of potential licensees is sufficiently large, irrespective of Cournot and Bertrand competition. We find that the relationship between product differentiation and the minimum number of potential licensees that is required to make royalty licensing profitable to the innovator is non-monotonic under Cournot competition, while it is positive under Bertrand competition. Hence, there are degrees of product differentiation for which neither the innovator nor the antitrust authority requires information about the type of product market competition while deciding on the licensing contract. It follows from our analysis that the innovator prefers auction plus royalty licensing (or fixed-fee plus royalty) over either royalty licensing or auction.Auction; Licensing; Royalty; Product Differentiation

Technology licensing with strategic tax policy

Despite the important insights it has provided, technology licensing literature remains restrictive by not allowing government policies. We show that in the presence of strategic tax policies, an outside innovator and, more interestingly and in contrast to the existing works, the consumers are better off under royalty licensing compared to auction (or fixed-fee licensing) if the number of potential licensees is sufficiently large. It follows from our analysis that a combination of fixed-fee and output royalty can be preferable to the innovator compared to both royalty licensing and auction (or fixed-fee licensing).Licensing; Tax; Auction; Royalty

The design of licensing contracts: Chemicals, Pharmaceuticals, and Electrical Engineering in Imperial Germany

We investigate a sample of 180 technology licensing contracts closed by German chemical, pharmaceutical, and electrical engineering companies between 1880 and 1913. Our empirical results suggest that strategic behaviour seems to be relevant for the design of licensing contracts, whereas inventor moral hazard and risk aversion of licensor or licensee seem to be irrelevant. Moreover, our results suggest that uncertainty regarding the profitability of licensed technology influenced the design of licensing contracts. More specifically, profit sharing agreements or producer milestones were typically included into licensing contracts.Economic History, Germany, pre-1913, Licensing contracts, Technology transfer