Patent thickets, courts, and the market for innovation
研究了专利权利碎片化以及联邦巡回上诉法院(CAFC)的成立如何影响专利纠纷的持续时间,进而影响技术通过许可扩散的速度。基于1975-2000年美国地区法院的专利诉讼数据,实证发现碎片化程度越高、法院结果不确定性越低(如CAFC的“亲专利转向”),纠纷解决越快。
We study how fragmentation of patent rights and the formation of the Court of Appeals for the Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing. We develop a model of patent litigation which predicts faster settlement when patent rights are fragmented and when there is less uncertainty about court outcomes, as was associated with the “pro-patent shift” of the CAFC. We confirm these predictions empirically using a data set that covers patent suits in U.S. district courts during the period 1975–2000. Finally, we analyze how fragmentation affects total settlement delay, considering both the reduction in dispute duration and the increase in the number of patent negotiations.