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Preemptive Patenting Update 1

By Andis Kaulins

A more recent article relating to preemptive patenting is:
Marco Ceccagnoli, Appropriability, Preemption, and Firm Performance, Strategic Management Journal. Strat. Mgmt. J., 30: 81?98 (2009)
Published online 19 September 2008 in Wiley InterScience, (www.interscience.wiley.com) DOI: 10.1002/smj.723
Received 9 February 2007; Final revision received 7 July 2008.

We quote the following excerpts as related to our previous posting:

"Patenting is one mechanism to protect competitive advantage due to an innovation....

Cohen et al. (2000, 2002) show that such unconventional patenting strategies are pervasive in both the United States and Japan....

[M]ore recently, Cockburn and MacGarvie (2006) concluded that, at least in the software industry, ?patents have an entry-deterring effect above and beyond the degree to which they reflect the technological capabilities of the firms that generate them? (Cockburn and MacGarvie, 2006: 33).

Ziedonis (2004) analyzes the conditions under which firms expand their own portfolios of patents to avoid being ?fenced in? by owners of patented technologies....

The incumbent may well have no intention of commercializing those inventions, and by building what is sometimes called a ?patent fence,? it can preempt R&D rivals by foreclosing their ability to introduce substitutes and compete with its ?core? innovations (Cohen et al., 2000)." [emphasis added]

Full post as published by LawPundit on March 25, 2011 (boomark / email).