In a model of investment in product development in duopoly we study the implications of dierent costs of innovating and imitating for rm strategies and optimal IP protection, relating these to the dynamic characteristics of a stochastic demand. A critical relative cost is identied that determines whether strategic competition takes the form of attrition or preemption, with industry value being maximized when rms neither stall nor hasten entry. Provided that demand growth and volatility are suciently low, as typically arises in mature industries, it is socially desirable to provide innovators with complete protection (winner-take-all), implying a preemption race. But when demand is rapidly expanding and highly unpredictable a social optimum can involve a low level of protection, implying attrition, albeit with a positive lower bound for the optimal level of imitation cost (winner-pays-some). Industry prots increase if rms can commit not to seek stronger IP protection once they have innovated, providing a rationale for open standards. While buyouts have ambiguous welfare eects, simple licensing schemes are welfare improving.JEL classication: G31, L13, O33