Abstract
This paper examines the effects of risk in shaping and developing innovations at the country level by introducing the idea that strong patent protection can lead innovators to rest on their laurels. Specifically, in the context of a simple static framework, the model shows that there is a negative relationship between the ability of the economy to innovate and how strong patent protection should be.
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Notes
As Soskice [30] notes, the most important elements of this framework are, the corporate governance system, the financial system, the industrial relations/worker training system, the education system, the organization of employer associations and the relations among firms.
Patent breath in this model is best captured by the number of patent claims allowed by the PTO, as well as the courts’ attitude towards infringement.
This assumption accords with the evidence offered by Panagopoulos [25].
US law has an experimentation exemption. However, here, the winning innovation leads directly to a final product. Therefore, any re-innovation will translate itself in a commercial product and this is prohibited.
For a discussion on the uncertainty surrounding innovation see Rosenberg [28].
An example of an innovation, which in its development involved fundamental research, is the invention of the transistor by Bell Laboratories in 1947. The aim of this research was to create a better electron emitting diode, one that was superior to the traditional ‘bulbs’ that were in use at the time. From its start, Bell Laboratories had two choices. To either continue working on the traditional diode and try to improve it, or, alternatively, try and concentrate on an entirely new line of physics, namely solid-state physics. Solid-state physics had only been introduced in the graduate curriculum of the top US universities in the mid 1930s and at the time there was little understanding (and a lot of uncertainty) involved around its potential. Therefore, solid-state physics was a research path that could have provided a dead end result. Successful, as it turned out to be, it led to applications that where beyond the imagination of the creators of the transistor, since the transistor was, at the time, perceived as an innovation with limited potential. In fact, Bell was initially hesitant on applying for a patent.
However, in addition to the work that Bell carried out on solid-state physics applications, a great deal of the research that led to the invention of the transistor was supplemented by the use of well-understood technologies. For example, in order to put theory into use Bell had to work on well-known metallurgy technologies, which were needed in order to create the silicon sandwich material in which the transistor is bonded into. In fact, many of the subsequent improvements on the transistor, even to this day, have been based on improving this sandwich so that it allows less current to pass through, while permitting finer and more even transistors to be manufactured.
This formulation treats (1 − s i )γ and s i v i as perfect substitutes. In reality, (1 − s i )γ is the expected part of an innovation and s i v i is the unexpected part. Considering this, since i has the choice to employ (or not) in its research some a priori unexpected research path, it is irrational for i to contact its research mainly using s i v i ; as s i v i can attain negative values and i may end up with an innovation which is less than expected.
Hence, Eq. 1 must be re-expressed as, \( {A_j} = A_j^{\prime } + \max \left\{ {0,\Delta {A_j},\lambda \Delta {A_i}} \right\} \)
Which is broadly comprised by three independent and different national systems, the French, the German and the UK one.
In the US, the firm in cooperation with universities is central to research, while in European NSIs the state has a larger role to play
For a review of tournament models see Reinganum [27].
In proving the above point, I have assumed that there is no cost in choosing s. Since there is no cost, it does not matter how far apart the firms are positioned, because (as long as μ j > γ to any increase in A j firm i will always respond with an increase in S i . Panagopoulos [26], working in a similar framework, relaxes these restrictions and shows that there exists a Nash equilibrium where both firms choose to increase their s only if they are positioned very close to each other; if they are positioned far apart they will abstain from increasing s.
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Appendix
Appendix
The winner will maximize its profits π i subject to x. This maximization problem has the following FOC,
Since the firm must choose its s at the beginning of the patent race, before its innovation is materialized, firms solve the following problem, maximizing expected profits times the expected probability of winning the patent race, i.e. \( \mathop{{\max }}\limits_{{{s_i}}} {p_i}{A_i} \). Using Eqs. 4–5, the FOC from this maximization is given by the following implicit function, \( F\left( {{s_i}} \right) = \frac{{\partial {p_i}}}{{\partial {s_i}}}{\pi_i} + {p_i}\frac{{\partial {\pi_i}}}{{\partial {s_i}}} = 0 \). Using the implicit function theorem on F(s i ), accounting for Eq. 2 the following condition is derived,
In Eq. 6, if \( a \in \left( {0.5,1} \right) \), then \( \frac{{\partial {s_i}}}{{\partial {A_j}}} \) is always greater than zero if (a) M i > 0, and (b) \( \frac{{\partial {p_i}}}{{\partial {A_j}}} > - \frac{{{{\left( {1 - a} \right)}^2}{A_i}}}{{\left( {1 - 2a} \right)}}\frac{{{\partial^2}{p_i}}}{{\partial {A_i}\partial {A_j}}} \). Furthermore, if \( a \in \left( {0,0.5} \right) \), then \( \frac{{\partial {s_i}}}{{\partial {A_j}}} \) is always greater than zero if a) M i > 0, and b) \( \frac{{\partial {p_i}}}{{\partial {A_i}}} > - \frac{{{{\left( {1 - a} \right)}^2}{A_i}}}{{2\left( {1 - 2a} \right)}}\frac{{{\partial^2}{p_i}}}{{\partial A_i^2}} \).
Overall, the above discussion allows one to concentrate on the following question, how will the leader respond to an increase in A j ? As it turns out, if μ i > γ and \( \frac{{\partial {p_i}}}{{\partial {A_j}}} > - \frac{{{{\left( {1 - a} \right)}^2}{A_i}}}{{\left( {1 - 2a} \right)}}\frac{{{\partial^2}{p_i}}}{{\partial {A_i}\partial {A_j}}} \), \( \frac{{\partial {p_i}}}{{\partial {A_i}}} > - \frac{{{{\left( {1 - a} \right)}^2}{A_i}}}{{2\left( {1 - 2a} \right)}}\frac{{{\partial^2}{p_i}}}{{\partial A_i^2}} \) any increase in A j should ceteris paribus lead i to respond by adopting a greater s i ; by assumption \( \frac{{\partial {p_i}}}{{\partial {A_i}}} > \frac{{{\partial^2}{p_i}}}{{\partial A_i^2}} \) and \( \frac{{\partial {p_i}}}{{\partial {A_j}}} > \frac{{{\partial^2}{p_i}}}{{\partial {A_i}\partial {A_j}}} \), thus the above inequalities always hold. In a similar fashion, if μ j > γ, when the follower j faces the leader’s higher technology it must also adopt a greater s j in its innovation process; because \( \frac{{\partial {s_j}}}{{\partial {A_i}}} \). The above intuition implies that if between two periods there is an increase in λ, which leads to more competition, then there will be an increase in s. As a result, considering that \( \Delta {A_i} = \gamma + {s_i}\left( {{\mu_i} - \gamma } \right) \), if μ j > γ, increases in λ lead to a greater s, a greater expected innovation and a greater expected technology A i .Footnote 13
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Panagopoulos, A. The Effect of IP Protection on Radical and Incremental Innovation. J Knowl Econ 2, 393–404 (2011). https://doi.org/10.1007/s13132-011-0039-6
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DOI: https://doi.org/10.1007/s13132-011-0039-6