Patent claims and patent scope

Marco, Alan C.; Sarnoff, Joshua D.; deGrazia, Charles

doi:10.1016/j.respol.2019.04.014

Cited by 161 publications

(82 citation statements)

References 24 publications

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“…The logit results indicated a significant negative relationship between application scope and the probability that a patent was granted (B = −0.530, p < .01). While further study is needed, this finding is consistent with recent research on large‐scale patent data (Marco et al, ), and it suggests that filing an application with more claims can affect not only the speed with which a patent is granted, but also whether it is granted at all.…”

Section: Resultssupporting

confidence: 87%

“…Total claims usually include both independent claims which stand on their own, and dependent claims which refer back to other claims. While most prior studies conceptualize patent scope in terms of total claims, recent research suggests that scope may be better measured using independent claims only (e.g., Marco et al, ). We therefore also coded the number of independent claims separately for robustness checks ( patent application scope [independent claims] ).…”

Section: Methodsmentioning

confidence: 99%

“…The scope of a patent is typically measured by its number of claims (e.g., Cohen & Lemley, ; Marco et al, ; Merges & Nelson, ; Novelli, ). The claims are the heart of a patent, in that they define the breadth, and limits, of the patent's coverage.…”

Section: Organizing For Patentingmentioning

confidence: 99%

“…While more intra‐organizationally diverse teams are likely to file patent applications with more claims, they are also likely to file patents that have longer approval times, because applications with more claims will tend to take more time to process at the Patent Office (Harhoff & Wagner, ; Kuhn et al, ; Marco et al, ). As a result, there is a trade‐off between patent application scope and patent approval speed.…”

Section: Organizing For Patentingmentioning

confidence: 99%

“…Both greater patent application scope and faster patent approval speed thus have potential strategic benefits for firms. Yet, there may be a trade‐off between them if applications with more claims take longer to approve, as recent research suggests (e.g., Marco, Sarnoff, & deGrazia, ). To explore this trade‐off between scope and speed, we examine the relationships between the composition of patenting teams and both of these patenting outcomes.…”

Section: Introductionmentioning

confidence: 99%

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Scope versus speed: Team diversity, leader experience, and patenting outcomes for firms

Choudhury¹,

Haas

2018

Strategic Management Journal

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Research Summary: How does the organization of patenting activity affect a firm's patenting outcomes? We investigate how the composition of patenting teams relates to both the scope of their patent applications and the speed with which their patents are approved, by examining the main effects of team members’ intra‐organizational diversity (based on affiliations with formal organizational units and informal organizational communities) and the moderating effects of team leader experience. We test our moderated mediation model in a sample of 121 teams that filed patents in a Fortune 50 company's India R&D center between 2005 and 2015, using proprietary employee data combined with newly released micro‐data from the U.S Patent and Trademark Office (USPTO). Our findings illuminate the micro‐foundations of innovation in firms by highlighting a trade‐off between organizing patenting activity to maximize scope versus speed. Managerial Summary: Patenting is an important strategic tool that firms can use to protect and create value from their innovations. A firm can benefit from filing a patent application that gives it a wider possible set of claims related to an innovation. It can also benefit from faster approval of a patent application by the Patent Office. However, our study shows that there is a trade‐off between patent application scope and patent approval speed, which creates tensions for the organization of patenting activities inside firms. In particular, we find that the diversity of a patenting team is positively related to patent scope but negatively related to patenting speed, and that these relationships vary with the experience of the team leader.

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Section: Resultssupporting

confidence: 87%

Section: Methodsmentioning

confidence: 99%

Section: Organizing For Patentingmentioning

confidence: 99%

Section: Organizing For Patentingmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Scope versus speed: Team diversity, leader experience, and patenting outcomes for firms

Choudhury¹,

Haas

2018

Strategic Management Journal

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How do external disruptions affect technological knowledge repository diversification? The role of repositories' historical and social aspiration levels and knowledge footprint

Vlas

Robinson

et al. 2022

Knowl Process Manag

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This study investigates how knowledge‐intensive organizations cope with the extreme uncertainty generated by external disruptions. We advance a behavioral aspirations perspective with the power to explain the antecedents and boundaries of organizational knowledge diversification. We expect that external disruptions (such as Covid‐19) led organizations not to meet their aspiration levels, and thus, we set forth to find how organizations responded to this challenge. We find that not meeting the aspiration levels, both historical (self‐imposed) and social (peer‐imposed), drives organizations to diversify their technological knowledge repositories. Further, we find that this crisis‐response behavior is mitigated by the accumulated knowledge, which we define as the knowledge footprint. The investigation of a large longitudinal dataset of U.S.‐based knowledge‐intensive organizations shows that the behavioral aspirations perspective has explanatory power. This work contributes to the advancement of diversification research during external disruptions and suggests potential solutions for knowledge organizations facing extreme uncertainty.

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Preemptive patenting, secondary patents, and the persistence of monopoly

Miljkovic

2024

Manage Decis Econ

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We develop a theoretical economic model that establishes the link between fragmented patenting systems in an industry already characterized as a monopoly resulting in continuous/steady monopolistic market structure. We demonstrated that preemptive patenting strategy, by using secondary patenting scheme, may lead to an increase in the number of patents without changing actual number of products on the market. Moreover, when such a strategy is employed by a monopoly, it only serves to sustain and further monopolistic and therefore socially suboptimal market structure. Institutional/legal framework must exist to promote this kind of socially suboptimal behavior and resulting outcomes.

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Patent claims and patent scope

Cited by 161 publications

References 24 publications

Scope versus speed: Team diversity, leader experience, and patenting outcomes for firms

Scope versus speed: Team diversity, leader experience, and patenting outcomes for firms

How do external disruptions affect technological knowledge repository diversification? The role of repositories' historical and social aspiration levels and knowledge footprint

Preemptive patenting, secondary patents, and the persistence of monopoly

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