Publications

Research on patent institutions, cumulative innovation, standards, and firm-level technological change.

2024

The Value of Forward Citations of Patents: An Empirical Analysis Based on Invention Patent Data of Chinese Listed Companies

Journal of Shandong University (Philosophy and Social Sciences) (in Chinese)

English Abstract

The assessment of patent value represents a perpetual topic of inquiry within the field of intellectual property. Among the indicators of patent value, the most commonly utilized is the number of forward citations. In empirical research on patent value, foreign scholars have demonstrated that forward citations of patents possess intrinsic value. The average value of a forward citation of a U.S. invention patent is estimated to be approximately 4,025,320 U.S. dollars. However, the regulations on patent citation in different countries are quite disparate, which renders cross-country comparisons of patent citation data challenging. Furthermore, there is no legal obligation for applicants to disclose patent citations in China’s patent law, raising questions about the reliability of forward citations of China’s patents as a basis for subsequent inventions and a measure of patent quality. In light of these considerations, it is pertinent to inquire whether the number of forward citations in China can serve as a reasonable indicator of patent value. Moreover, it is pertinent to inquire whether it is feasible to evaluate the value of each forward citation of a Chinese patent. These are not only significant theoretical matters, but also practical issues with practical implications. This paper represents the inaugural attempt to integrate the quality differential of patents into the theoretical analysis framework, with the objective of assigning corresponding weights to each patent in accordance with the number of forward citations. In accordance with the theoretical analysis framework, an empirical model was constructed and verified using the invention patent data of Chinese listed companies. The findings of this paper are as follows: (1) Patent forward citations have a significant positive impact on the Tobin’s Q value of listed companies. For every increase in the number of patent forward citations, there is an 18.5% increase in the Tobin’s Q value of listed companies, which corresponds to an increase in market value of listed companies of approximately 3.03 million yuan. (2) In contrast to the number of patents, the value of patents is more closely associated with their quality. In other words, the value of patents is concentrated among those of superior quality. (3) Furthermore, this paper examines the heterogeneity of the aforementioned results from two additional perspectives: the level of IPR protection in the region where the enterprises are located and the characteristics of technological development in the industries to which the enterprises belong. The study indicates that the value of patent forward citations is relatively higher in regions with higher levels of intellectual property rights (IPR) protection. This suggests that high-quality innovations in these regions can result in higher economic returns for enterprises. Furthermore, the value of forward citations is observed to be lower in technology areas with greater complexity, where the landscape of patents is denser. This suggests that the value of forward citations is less likely to enhance the future market value of firms. The findings of this paper offer both theoretical and empirical support for the use of forward citations as a means of measuring patent value.

中文摘要

专利前向引用次数作为研究中最常使用的专利质量衡量指标,如何验证其合理性是一个值得研究的问题。通过首次将专利的“质”与“量”共同纳入市场价值模型,依据理论分析框架构建与之对应的实证模型,并基于2007—2020年中国上市公司发明专利数据进行经验分析的研究发现,专利前向引用次数对上市公司托宾Q值具有显著正向影响,具体表现为,平均而言,每增加一次专利前向引用,能为上市公司托宾Q值带来约18.5%的提升作用,对应的上市公司市值增长额约303万元。进一步分析发现,上述影响会随地区知识产权保护程度和行业技术发展特征的不同而呈现异质性:在高知识产权保护水平地区和低专利丛林密度行业中,专利前向引用的价值相对更高。这些研究发现为使用专利前向引用次数衡量专利价值提供了理论依据和实证支持。

2024

Patent Thicket: Impetus or Barrier in Technological Innovation?

Journal of Financial Research (in Chinese)

English Summary

Innovation is a core element in the development of new quality productivity. As a key institutional arrangement, the patent system encourages and protects innovation by granting patentees monopoly rights over specific technical solutions for a limited time period. In the context of China, most studies have reached the consensus that stronger patent protection significantly boosts innovation. However, it is important to note that patent protection may also bring about various drawbacks of monopoly, including lower consumer welfare and discouraging subsequent innovation. Theoretical studies suggest that patent protection either facilitates or hinders subsequent innovation, depending on industrial structure and technological characteristics. Empirical studies indicate that patent protection can impede subsequent innovation in the form of patent thickets, particularly in highly cumulative and patent-fragmented industries such as information and communications technology (ICT). This highlights the profound impact of patent thickets on the relationship between patent protection and innovation. In the context of the continuous transformation and upgrading of China’s economy and the rapid increase in intellectual property protection, is technological innovation being affected by the patent thicket? Accordingly, should patent protection levels vary based on industrial characteristics and innovation contexts? And how should we mitigate the monopolistic barriers arising from enhanced patent protection? There are still many problems worthy of attention. To this end, this paper focuses on the case of patent thickets to explore the monopoly costs associated with patent protection and their effects on subsequent innovation and industry development. First, based on Chinese patent data, this study draws on the framework established by Graevenitz et al. (2011) to quantify the density of patent thickets across various technological domains in China from 1985 to 2014. The analysis reveals several typical stylized facts: First, from the time dimension, patent thickets in China witnessed a significant surge around the year 2000. Second, at the technical-field level, patent thickets emerged prominently in fields involving complex technologies. Third, at the enterprise level, the formation of patent thickets was dominated by a small number of enterprises, while most companies encountered patent thickets as external uncertainties. Moreover, this study employs a causal identification strategy based on shift-share instrumental variables to empirically study the effects of monopoly loss costs stemming from patent protection on subsequent innovation and industry development. The findings are as follows: First, the density of patent thickets significantly amplifies the proliferation of utility patents while diminishing the number of invention patents with higher levels of innovative content. Second, patent thickets significantly decrease the quality of innovation. Third, patent thickets lead to a significant increase in the volume of patent transactions, but weaken the “quality premium” of patents that are licensed and transferred. Fourth, these effects are particularly pronounced among firms confronted with more important triples, positioned downstream in citation chains, belonging to high-technology industries, and located in regions with higher levels of intellectual property protection. Fifth, the strategic patent behavior induced by patent thickets has a significant negative impact on both firms’ future market value and industry competition. This study contributes in the following respects. Most existing research on monopoly problems caused by patent protection focuses on developed countries, while studies on China are mainly based on theoretical discussion and lack empirical analysis supported by data. This paper fills that gap by providing evidence from China, examining the monopoly costs of patent protection and their impact on subsequent innovation and economic development. By measuring patent thickets across technological fields in China, summarizing their development, and empirically exploring their effects on innovation and competition, this paper provides evidence from China for the global understanding of patent thickets and refines the theoretical framework through the dual perspectives of innovation and competition. The study also has several policy implications. First, raising the criteria for granting utility patents is essential to minimize monopolistic gains from strategic innovation, while stricter examination standards can prevent the abuse of patents that lack sufficient novelty and creativity. Second, technology-trading platforms, patent pools, and patent open licensing can reduce transaction costs arising from patent holdup and royalty stacking, encouraging enterprises to prioritize genuine R&D. Third, intellectual property protection levels should be adjusted to industry development and technological characteristics to balance innovation incentives against monopoly costs and promote industry growth and technological innovation.

中文摘要

专利丛林现象作为一项重要的技术发展特征,深刻影响着专利保护与创新之间的关系。本文以“三角阻碍”专利(三家公司中每家都拥有能阻碍其他两家实施自身技术的专利)量化中国各技术领域专利丛林密度,并基于专利申请、授权、引用、许可及转让数据,运用移动份额工具变量的因果关系识别策略,实证检验专利保护带来的垄断损失成本对企业创新和行业发展的影响。研究发现:(1)专利丛林的存在提高了企业“短、平、快”实用新型专利数量,并减少了创新含量最高的发明专利的授权率和占比;(2)专利丛林现象对企业创新质量产生显著负面影响,专利被引用次数下降;(3)专利丛林的存在显著提高了企业专利交易数量,但削弱了技术交易中的专利“质量溢价”;(4)上述影响更多表现在面临重要“三角阻碍”专利、处于引用链条下游、所属行业技术含量高、所在地区知识产权保护水平高的企业中;(5)专利丛林现象引致的创新策略,对企业未来市场价值和行业竞争产生了显著的负向影响。本文的研究表明,在提高知识产权保护水平的同时,需要密切关注不同技术领域的发展特征,防范潜在的垄断后果。

2023

The Power of Standards: Empirical Evidence from China's Standard Essential Patents

Management World (in Chinese)

English Abstract

Strengthening the internationalization of standard-essential patents (SEPs) and promoting the formation of international intellectual property rules are crucial for building a powerful country with intellectual property rights and a unified national market, thus realizing high-quality economic development. Despite extensive debates on the significance of technical standards, the study of their effects on innovation remains incomplete. Using datasets of Chinese patents, listed companies, and industrial enterprises, this paper empirically analyzes how technical standards impact patent value and innovation from the perspectives of market power and knowledge spillovers by employing the difference-in-differences approach. The findings are as follows: (1) After being declared as standard-essential, patents experience a significant increase in value, as evidenced by increased citations, licenses, and market value. (2) The patent value enhancement stems from the expanded influence following standard adoption, indicated by increased citations by patents from different technical fields, patents in complex subjects, and by non-SEPs. (3) The returns to the technology contributor are at least partly due to the market power of the standard, manifested in more benefits for small-scale innovators, increased market concentration, and fewer new enterprises. (4) Standards generate knowledge spillover effects among industry followers, resulting in improved innovation quantity, quality, and geographic distribution. Thus, this study not only expands our understanding of the effects of standards on innovation and industrial upgrading, but also provides empirical support for the government to simultaneously promote international standardization and strengthen rule-based processes to prevent potential monopolistic consequences.

中文摘要

加强标准必要专利国际化建设、积极参与并推动国际知识产权规则的形成有助于建设知识产权强国和全国统一大市场,从而实现经济高质量发展。虽然技术标准的重要性已被广泛讨论,但技术标准对创新的全面影响尚未得到充分研究。本文基于标准必要专利数据库、中国专利数据库、上市公司数据库和工业企业数据库,运用双重差分法,从垄断力量和知识溢出的双重视角来研究技术标准如何影响专利价值和企业创新。研究发现:(1)在被宣告为标准必要专利后,专利价值显著提升,表现为被引用次数、许可次数和对应权利人市场价值的增加;(2)专利价值提升的来源是被标准采纳后带来的专利影响力范围扩大,体现在来自于不同技术领域、复杂主题和普通专利的引用增加;(3)标准的市场力量导致相应专利技术具有超出其所固有技术贡献的额外市场价值,表现为小规模创新主体获益更多、市场集中度提高和新增企业数量降低;(4)标准对行业内追随者产生知识溢出效应,表现为遵循标准后企业创新数量、质量和布局均出现显著改善。本文不仅拓展了关于技术标准对科技创新与产业升级的影响研究,还启示在积极推动国际标准制定的同时,需要强化标准制定和实施过程中的规则引领,以防范潜在的垄断后果。