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Stylized facts of patent litigation: value, scope and ownership

Lanjouw, Jean O. and Schankerman, Mark (1997) Stylized facts of patent litigation: value, scope and ownership. 6297. National Bureau of Economic Research, Cambridge, MA., USA.

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Abstract

This paper investigates the characteristics of litigated patents by combining for the first" time information about patent case filings from the U.S. district courts and detailed data from the" U.S. Patent and Trademark Office. We construct a series of indicators for the factors which the" theoretical literature suggests contribute to litigation: the frequency of disputes asymmetry of stakes, the structure of information, and costs. Compared to a random sample of" U.S. patents from the same cohorts and technology areas, we find that more valuable patents and" those with domestic owners are considerably more likely to be involved in litigation. Patents" owned by individuals are at least as likely to be the subject of a case as corporate patents and" litigation is particularly frequent in new technology areas. We interpret the results with reference" to theoretical models of litigation and settlement and discuss what they suggest about the effect" of patent litigation on the incentives to invest in R&D

Item Type: Monograph (Working Paper)
Official URL: http://www.nber.org
Additional Information: © 1997 Jean O. Lanjouw and Mark Schankerman
Library of Congress subject classification: K Law > K Law (General)
Journal of Economic Literature Classification System: O - Economic Development, Technological Change, and Growth > O3 - Technological Change; Research and Development > O34 - Intellectual Property Rights: National and International Issues
K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K41 - Litigation Process
Sets: Collections > Economists Online
Departments > Economics
Research centres and groups > Suntory and Toyota International Centres for Economics and Related Disciplines (STICERD)
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Identification Number: 6297
Date Deposited: 28 May 2008 08:36
URL: http://eprints.lse.ac.uk/5100/

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