From Patents to Trademarks: Navigating Value Transference, Successor Products, and Time in the Integration of Intellectual Property Rights

Abstract

Innovative firms are threatened by price-based generic competition, particularly following patent expiration. To combat the so-called “patent cliff” that occurs at patent expiry, some firms are turning to a strategic approach known as value transference. This integrative intellectual property strategy involves transferring the value of a limited life right, such as from a patented invention, to other forms of intellectual property rights, like trademarks. If utilized appropriately, these trademarks can preserve this value indefinitely. The theoretical considerations in my study suggest that an integrated intellectual property rights strategy can enhance financial performance following generic entry. With this paper, I derive propositions to model this effect of strategic intellectual property rights integration. Further, my model extends the analysis of value transference to successor products. It indicates that expanding intellectual property integration strategies beyond its original boundaries to successor offerings amplifies this positive effect. Further, time is identified as imperative for successful intellectual property integration.