INNOVATION IN A EUROPEAN DIGITAL SINGLE MARKET THE ROLE OF PATENTS
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1 INNOVATION IN A EUROPEAN DIGITAL SINGLE MARKET THE ROLE OF PATENTS Comments on Policy and Research Issues Dietmar Harhoff Max Planck Institute for Innovation and Competition Brussels, March Max Planck Institute for Innovation and Competition Munich 1
2 Comments on Policy and Research Issues Agenda Policy Issues Standardization Litigation activity and rules of engagement Aggregation Markets for and access to patented technologies Research Aspects (Standardization) Ownership Taxation and BEPS Max Planck Institute for Innovation and Competition Munich Fabian Gaessler: Patent Transfers in Germany 2
3 Comments on Policy and Research Issues Policy Issues - Patent aggregation Definition Patent aggregation describes any activity where patents that were previously owned by a number of different parties, are brought under the control of a single actor or entity. Control essentially means the right to decide which party gets access to the patents and under what terms. Max Planck Institute for Innovation and Competition Munich Fabian Gaessler: Patent Transfers in Germany 3
4 Comments on Policy and Research Issues Policy Issues - Patent aggregation Some results and open questions from the workshop (Official Statement by ESAB to be published soon) No unambiguous conclusions possible regarding social benefits and costs of aggregation activity. It depends Major research gaps persist - different patent aggregation models and their impact on competition and innovation - when and how can aggregation of patents increase the value and/or strength of individual patent rights - lack of accurate and reliable statistics - lack of transparency of patent ownership and of reliable patent litigation data Max Planck Institute for Innovation and Competition Munich Fabian Gaessler: Patent Transfers in Germany 4
5 Comments on Policy and Research Issues Research Issues Ownership Early results from an ongoing project Max Planck Institute for Innovation and Competition Munich Fabian Gaessler: Patent Transfers in Germany 5
6 Patent transfer data: Confirmation of transfer of rights registration Max Planck Institute for Innovation and Competition Munich Patent Transfers 7
7 Patent transfer data: Scope of data collection Data include transfers of German (DE) and European bundle patents (EP) Sample definition: Patents with change in ownership information as legal event in DPMA and EPO data All legal events registered between 1981 and September 2013 Identification of ca patents with a change in ownership Up to 9 changes per patent: ca legal events in total Excluded: Patents with application date < 1981 Patents with co-ownership DE Patent DPMA ( changes) EP Patent EPO ( changes) pre-grant phase DPMA ( changes) post-grant, national phase Max Planck Institute for Innovation and Competition Munich Patent Transfers 8
8 Patent transfer data: Variables and classification Data include information on patent holders, but no details on type of ownership change Information on patent holder (former and current): Name, City, ZIP code, Country Date of change in ownership information Caveat: no (reliable) classification whether change involves transfer or corrections of names and/or addresses Own identification through several methods: String matching, linkage to external business data, patent holder sector identification Taxonomy of transfers: Spatial distance Local: same city National: same country International: different country Relational context Dependent: intra-group (Dis-)integrative: M&A, spinoffs, JV, etc. Independent: arm s length transaction Max Planck Institute for Innovation and Competition Munich Patent Transfers 9
9 Patent transfers data: Overview The event Change in ownership information over time Max Planck Institute for Innovation and Competition Munich Patent Transfers 10
10 Patent transfers data: Overview Distribution of transfer types (regarding relational context) over time Max Planck Institute for Innovation and Competition Munich Patent Transfers 11
11 Cross-country patent transfers Cross-country transfers over time by relational context Max Planck Institute for Innovation and Competition Munich Patent Transfers 12
12 Cross-country patent transfers Cross-country transfers Number of transfers Country of old patent holder Country of new patent holder 8613 GERMANY UNITED STATES 4580 GERMANY SWITZERLAND 3140 UNITED KINGDOM UNITED STATES 3068 UNITED STATES GERMANY 2908 SWITZERLAND GERMANY 2838 UNITED STATES NETHERLANDS 1974 UNITED STATES SWITZERLAND 1897 GERMANY NETHERLANDS 1333 UNITED STATES JAPAN 1252 GERMANY FRANCE 1252 UNITED STATES UNITED KINGDOM 1212 CANADA UNITED STATES 1211 GERMANY AUSTRIA 1165 NETHERLANDS UNITED STATES 1160 FRANCE UNITED STATES 1140 UNITED STATES FRANCE 1113 SWITZERLAND FRANCE 1101 UNITED STATES CAYMAN ISLANDS 1055 UNITED STATES SINGAPORE 980 GERMANY UNITED KINGDOM Max Planck Institute for Innovation and Competition Munich Patent Transfers 13
13 Cross-country patent transfers Cross-country transfers (intra-group and M&A only) Number of transfers Country of old patent holder Country of new patent holder 4086 GERMANY UNITED STATES 2028 UNITED STATES NETHERLANDS 1958 GERMANY SWITZERLAND 1459 UNITED STATES GERMANY 1416 SWITZERLAND GERMANY 1207 UNITED KINGDOM UNITED STATES 1104 GERMANY NETHERLANDS 1032 UNITED STATES SWITZERLAND 1015 UNITED STATES CAYMAN ISLANDS 709 GERMANY FRANCE 703 FRANCE SWITZERLAND 666 UNITED STATES FRANCE 619 UNITED STATES UNITED KINGDOM 614 UNITED STATES JAPAN 609 UNITED STATES BARBADOS 478 SWITZERLAND FRANCE 466 CANADA UNITED STATES 435 SWITZERLAND IRELAND 423 GERMANY AUSTRIA 416 NETHERLANDS SWITZERLAND Max Planck Institute for Innovation and Competition Munich Patent Transfers 14
14 Patent transfers Technology areas Transfers (arm s length) by technology areas Max Planck Institute for Innovation and Competition Munich Patent Transfers 15
15 Patent transfers Technology areas Transfers (independent) by technology areas and by grant of patent Max Planck Institute for Innovation and Competition Munich Patent Transfers 16
16 Patent transfers Technology areas Transfers (independent and (dis-) integrative) by technology areas and by grant of patent Max Planck Institute for Innovation and Competition Munich Patent Transfers 17
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