The recent surge in U.S. patenting and expansion of patentable subject matter has increased patent office backlogs and raised concerns that in some cases patents of insufficient quality or with inadequate search of prior art are being issued. At the same time patent litigation and its costs are...

We report the results of the first comparative study of the determinants and effects of patent oppositions in Europe and of re-examinations on corresponding patents issued in the United States. The analysis is based on a dataset consisting of matched EPO and US patents. Our analysis focuses on...

Why do firms use continuations in the prosecution of their patents? Motivated by the widespread use of continuations by U.S. firms and the prominence of this procedure in U.S. patent policy debates, we investigate the influence of corporate and patent characteristics on the use of continuations....

This article examines the role of 'continuations' (procedural revisions of patent applications) in software patents and overall patenting in the United States during 1987-1999. The research represents the first effort of which we are aware to analyze data on continuations in software or any...

The continuations procedure within the U.S. patent system has been criticized for enabling firms to manipulate the patent review process for strategic purposes. Changes during the 1990s in patent procedures affected the incentives of applicants to exploit the continuations process, and...

Numerous scholars have proposed many different explanations for why inventors and innovative companies patent. Few scholars, however, have conducted empirical studies seeking to confirm or deny these theories. Furthermore, there are only a handful of studies examining how entrepreneurs and...

In this paper, we examine the propriety of using patents as a proxy for firm innovative performance. We find that in the pharmaceutical industry during 1985-2001 they are not. Replicating the methodology in a study by Comanor and Scherer (1969) upon which many current studies base their use of...

Entrepreneurs often rely on intellectual property (IP) to earn a return on their innovations, and also compatibility standards, which allow them to supply specialized components for a shared technology platform. This paper compares the IP strategies of small entrepreneurs and large incumbents...

This article examines how closely nanotechnology resembles a general purpose technology (GPT). Using patented nanotechnology inventions during 1975-2006, we test for characteristics of GPTs identified in the prior literature, and find evidence that nanotechnology shows both “pervasive”...

We demonstrate the dual affects that regulatory rules and firms' complementary assets have on the timing of new product introductions in the pharmaceutical industry. We develop theory and evidence to explain how incumbent firms respond with new product introductions to a change in their...