How to measure patent thickets – a novel approach

The existing literature identifies patent thickets indirectly. In this paper we propose a novel measure based on patent citations which allows us to measure the density of patent thickets directly. We discuss the algorithm which generates the measure and present descriptive results validating it. Moreover, we identify technology areas which are particularly impacted by patent thickets

Candidate screening for the recruitment of critical research and development workers - a report and preliminary results with evidence from experimental data from German high-tech firms

The report focuses on résumé-based screening strategies for the recruitment of highly qualified research and development (R&D) workers (critical R&D workers) in high-tech firms. We investigate which kinds of professional background, job-related experience, motivations, specific skills, and previous inventive activity make a candidate attractive for firms specializing in clean technology or mechanical elements. The report is based on a combination of survey and experimental data collected from 194 HR decision makers in German high-tech firms and from 89 technology experts in the clean technology and mechanical elements fields. A mixed logit model is used to analyse hiring preferences because this model allows us to deal with repeated choices. We find that HR decision makers prefer candidates with technology-specific patenting experience, an engineering background, analytical thinking skills, and a strong desire to develop path-breaking technologies. Furthermore, no one-size-fits-all candidate exists that is equally preferred in both technology fields. HR decision makers in mechanical element firms prefer specialists to generalists, whereas those in clean technology attach special importance to a candidate’s orientation towards environmental concerns and sustainability

The strategic use of patents and its implications for enterprise and competition policies

This report was commissioned as a study into the strategic use of patents. In the course of its case investigations and legislative reviews the European Commission became aware of changes in the use of intellectual property, in particular the use of patents. It was noted that firms’ uses of intellectual property are becoming increasingly strategic. This raised concerns about the implications of firms’ patenting behaviour for enterprise and competition policy. The following report contains a comprehensive review of patenting behaviour, the extent to which patenting is becoming more strategic and the implications this has for competition and enterprise policies

The Influence of Strategic Patenting on Companies’ Patent Portfolios

This paper analyses whether strategic motives for patenting influence the characteristics of companies’ patent portfolios. We use the number of citations and oppositions to represent these characteristics. The investigation is based on survey and patent data from German companies. We find clear evidence that the companies’ patenting strategies explain the characteristics of their patent portfolios. First, companies using patents to protect their technological knowledge base receive a higher number of citations for their patents. Second, the motive of offensive – but not of defensive – blocking is related to a higher incidence of oppositions, whereas companies using patents as bartering chips in collaborations receive fewer oppositions to their patents

A study of patent thickets

Report analysing whether entry of UK enterprises into patenting in a technology area is affected by patent thickets in the technology area

Consistency and trends of technological innovations: a network approach to the international patent classification data

Classifying patents by the technology areas they pertain is important to enable information search and facilitate policy analysis and socio-economic studies. Based on the OECD Triadic Patent Family database, this study constructs a cohort network based on the grouping of IPC subclasses in the same patent families, and a citation network based on citations between subclasses of patent families citing each other. This paper presents a systematic analysis approach which obtains naturally formed network clusters identified using a Lumped Markov Chain method, extracts community keys traceable over time, and investigates two important community characteristics: consistency and changing trends. The results are verified against several other methods, including a recent research measuring patent text similarity. The proposed method contributes to the literature a network-based approach to study the endogenous community properties of an exogenously devised classification system. The application of this method may improve accuracy and efficiency of the IPC search platform and help detect the emergence of new technologies

To be financed or not : the role of patents for venture capital financing

This paper investigates how patent applications and grants held by new ventures improve their ability to attract venture capital (VC) financing. We argue that investors are faced with considerable uncertainty and therefore rely on patents as signals when trying to assess the prospects of potential portfolio companies. For a sample of VC-seeking German and British biotechnology companies we have identified all patents filed at the European Patent Office (EPO). Applying hazard rate analysis, we find that in the presence of patent applications, VC financing occurs earlier. Our results also show that VCs pay attention to patent quality, financing those ventures faster which later turn out to have high-quality patents. Patent oppositions increase the likelihood of receiving VC, but ultimate grant decisions do not spur VC financing, presumably because they are anticipated. Our empirical results and interviews with VCs suggest that the process of patenting generates signals which help to overcome the liabilities of newness faced by new ventures

International patent families: from application strategies to statistical indicators

This paper provides an in-depth analysis of the characteristics of international patent families, including their domestic component. We exploit a relatively under-studied feature of patent families, namely the number of patents covering the same invention within a given jurisdiction. Using this information, we highlight common patterns in the structure of international patent families, which reflect both the patenting strategies of innovators and the peculiarities of the different patent systems. While the literature has extensively used family size, i.e. the number of countries in which a given invention is protected, as a measure of patent value, our results suggest that the number of patent filings in the priority country within a patent family as well as the timespan between the first and last fillings within a family are other insightful indicators of the value of patented innovations

CONFLICT RESOLUTION, PUBLIC GOODS AND PATENT THICKETS

Post-grant validity challenges at patent offices rely on the private initiative of third parties to correct mistakes made by patent offices. We hypothesize that incentives to bring post-grant validity challenges are reduced when many firms benefit from revocation of a patent and when firms are caught up in patent thickets. Using data on opposition against patents at the European Patent Office we show that opposition decreases in fields in which many others profit from patent revocations. Moreover, in fields with a large number of mutually blocking patents the incidence of opposition is sharply reduced, particularly among large firms and firms that are caught up directly in patent thickets. These findings indicate that post-grant patent review may not constitute an effective correction device for erroneous patent grants in technologies affected by either patent thickets or highly dispersed patent ownership