45 Pages Posted: 12 Jun 2013 Last revised: 22 Mar 2015
Date Written: March 2015
We use detailed data to estimate the private costs and private rents of United States patents for publicly-traded firms. To estimate these costs, we combine lawsuit data from Derwent Litalert with non-practicing entity (NPE) lawsuits collected by Patent Freedom, and use an event-study approach to estimate losses suffered by alleged infringers during 1984-2009. To estimate these rents, we combine patent data from the USPTO and EPO with financial data from CRSP and COMPUSTAT, and use market-value regressions to estimate the value of patent rents for publicly-traded US firms during 1979-2002. We find that private costs exceed private rents during 1999-2000 and the trend in costs is sharply higher. Costs also exceed forecasts of rents for 2005-09. Surges in the number of NPE lawsuits contribute to the increase in the gap.
Keywords: event study, market-value regression, patent, litigation, non-practicing entities, research and development
JEL Classification: K2, O3
Suggested Citation: Suggested Citation
Bessen, James E. and Neuhäusler, Peter and Turner, John L. and Williams, Jonathan W., Trends in Private Patent Costs and Rents for Publicly-Traded United States Firms (March 2015). Boston Univ. School of Law, Public Law Research Paper No. 13-24; Boston Univ. School of Law, Law and Economics Research Paper No. 13-24. Available at SSRN: https://ssrn.com/abstract=2278255 or http://dx.doi.org/10.2139/ssrn.2278255