Should we patent it or keep it a secret? The moderating role of proactive orientation in family versus non-family SMEs

Abstract

We investigate how family and non-family small-and-medium size enterprises (SMEs) differ in their preference for patenting over secrecy as a means to protect value of intellectual property, and how proactive orientation moderates this relationship. Because secrecy carries more risks for spillover than patenting, we propose and provide evidence to suggest that family SMEs are more likely to use patents than secrecy relative to non-family SMEs as a mechanism to protect value. However, proactive orientation can weaken this relationship, since SMEs with a proactive orientation will avoid the disclosure of information required for patenting. Using a sample of 300 SMEs from four countries in the wine industry, we find support for our hypotheses and contribute to both the intellectual property (IP) and SME literatures by explaining how family SMEs relative to non-family SMEs protect the value of IP.

Trade Secret Protection and R&D Investment of Family Firms

“…First, we contribute to the literature on family firms and innovation (Block, 2012; Calabrò et al, 2019; Duran et al, 2016) where we add to two streams of this literature. We extend the small, but increasing literature on family firms and IP protection (Bannò, 2016; Chirico et al, 2020; Gimenez-Fernandez et al, 2020; Jell et al, 2014) which focuses exclusively on patents as a means of IP protection (Bannò, 2016; Chirico et al, 2020; Kotlar et al, 2013) to trade secret protection. Although patents appear to be important as a mechanism for protecting control over technologies when it comes to R&D contracts with external partners (Kotlar et al, 2013), patents are costly for family firms as they threaten short-term SEW (Chirico et al, 2020).…”

“…Trade secrets, by contrast, are more likely to guarantee control over the protected technology because they do not require disclosure of the protected technology (Hall et al, 2014). In light of this, trade secrets increase control over the protected technologies and the ability to appropriate value from R&D investment (Chirico et al, 2020; Gimenez-Fernandez et al, 2020). Family firms are also likely to have a better chance to control the outflow of knowledge because they tend to focus on only a few projects, which facilitates oversight (Anderson et al, 2003).…”

“…From the discussion above, we conclude that strengthened trade secret protection through the UTSA should incentivize family firms to increase their R&D investment by providing better protection by means of IP, which meets family firms’ desire to keep control of their technology. In other words, with strong trade secret protection, family firms do not need to employ costly SEW-threatening patents or completely abstain from IP protection, but can rely on trade secret protection to safeguard long-term profits from R&D and therewith long-term SEW without diminishing current SEW (Gimenez-Fernandez et al, 2020; Woodfield & Husted, 2017):…”

Knowledge Hiding in Small Medium Enterprise Owned by Family Business: The Role of Knowledge Complexity, Psychological Ownership and Avoidance Motivation

“…Connelly et al (2012) also define knowledge hiding as an individual's attempt to withhold and cover up relevant knowledge. The transfer of knowledge in family businesses is often hampered by attempts to hide knowledge (Gimenez-Fernandez et al, 2021). Sparrow (2001) explains that family business SMEs often limit the transfer and diffusion of knowledge by avoiding training and selfdevelopment opportunities for other employees, especially new employees and non-family members.…”

Bridging locality and internationalization – A research agenda on the sustainable development of family firms

“…This may translate into revisiting their values, beliefs, and objectives (Astrachan et al 2020), and committing more time and resources to nurturing long-term relationships within the firm and with the wider community (Fitzgerald et al 2010). In this regard, sustainability revolves not only around revisiting and disclosing the way the firms operates (Gimenez-Fernandez et al 2020;Unerman, Bebbington, and O'Dwyer 2018), but also the practices aimed at generating long-term benefits for stakeholders, including the broader community, employee welfare, environment friendly products, fair dealings with customers and suppliers, appropriate relationships with local, regional, and international actors (Breton-Miller and Miller 2016), amongst others. These dynamics highlight the relevance of global trends, such as the SDGs, substantially considered in management studies (Bebbington and Unerman 2018;Pizzi, Rosati, and Venturelli 2021;Scheyvens, Banks, and Hughes 2016;Sinkovics, Sinkovics, and Archie-Acheampong 2021), yet requiring further attention in the context of family firms.…”