Patent Litigation in the German Empire

43 Pages Posted: 29 Nov 2023

See all articles by Alexander Donges

Alexander Donges

University of Mannheim - Department of Economics

Felix Selgert

University of Bonn

Jochen Streb

University of Mannheim

Date Written: November 3, 2023

Abstract

We provide an empirical analysis of patent litigation in the German Empire by using a new data set that includes detailed information on patent proceedings. Our data combine micro-level information on nullification decisions by the Imperial Patent Office and the court of appeal, the Imperial Court, with data on high-value patents. By using nullification decisions as a proxy for patent conflicts, we analyze the differences in the intensity of patent conflicts across industries. Our results reveal a significant heterogeneity. By introducing the new concept of technological concentration, we show that in industries with high technological concentration patent litigation was less frequent. We argue that, unlike small and medium-sized enterprises, innovative companies with market power had the option of resolving patent disputes outside the courts through cartel-like agreements such as patent pools.

Keywords: Intellectual Property, Patents, Patent Law, Patent Litigation, Competition

JEL Classification: K11, K41, N43, O33, O34

Suggested Citation

Donges, Alexander and Selgert, Felix and Streb, Jochen, Patent Litigation in the German Empire (November 3, 2023). Available at SSRN: https://ssrn.com/abstract=4622736 or http://dx.doi.org/10.2139/ssrn.4622736

Alexander Donges (Contact Author)

University of Mannheim - Department of Economics ( email )

D-68131 Mannheim
Germany

HOME PAGE: http://donges.vwl.uni-mannheim.de/

Felix Selgert

University of Bonn ( email )

Bonn

Jochen Streb

University of Mannheim ( email )

L7, 3-5
Mannheim, 68131
Germany

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