Strategic Patenting: Evidence from the U.S. Court of Appeals for the Federal Circuit
65 Pages Posted: 13 Oct 2020
Date Written: September 4, 2020
How should businesses adjust strategic patenting to changes in patent law? Theoretically, under particular conditions, if the legal protection of patents is stronger, incumbent businesses would reduce patenting. When the Court of Appeals for the Federal Circuit assumed jurisdiction over patent appeals, it strengthened the legal protection of patents. Importantly, the strengthening varied geographically by judicial circuit. Exploiting these changes as a natural experiment, we find that post-CAFC, patents were more valuable commercially but not technologically superior, businesses reduced patenting, and new entry fell. The reduction in patenting was more pronounced among continuations, larger businesses, and in less concentrated industries.
Keywords: strategic patents, entry, patent law
JEL Classification: O30, O34
Suggested Citation: Suggested Citation