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- All HBS Web
(998)
- News (153)
- Research (694)
- Events (23)
- Multimedia (1)
- Faculty Publications (435)
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- Article
The Growing Problem of Patent Trolling
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
The last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and innovation—patent lawsuits increase... View Details
Keywords: Patent Aggregators; Patent Litigation; Patent Pools; Patent Trolls; Patents; Lawsuits and Litigation; United States
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "The Growing Problem of Patent Trolling." Science 352, no. 6285 (April 29, 2016): 521–522. (Explanatory Video.)
- 2023
- Other Article
The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications
By: Mirac Suzgun, Luke Melas-Kyriazi, Suproteem K. Sarkar, Scott Duke Kominers and Stuart Shieber
Innovation is a major driver of economic and social development, and information about many kinds of innovation is embedded in semi-structured data from patents and patent applications. Though the impact and novelty of innovations expressed in patent data are difficult... View Details
Keywords: USPTO; Natural Language Processing; Classification; Summarization; Patent Novelty; Patent Trolls; Patent Enforceability; Patents; Innovation and Invention; Intellectual Property; AI and Machine Learning; Analytics and Data Science
Suzgun, Mirac, Luke Melas-Kyriazi, Suproteem K. Sarkar, Scott Duke Kominers, and Stuart Shieber. "The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications." Conference on Neural Information Processing Systems (NeurIPS), Datasets and Benchmarks Track 36 (2023).
- 2017
- Working Paper
Patent Trolls and Small Business Employment
By: Ian Appel, Joan Farre-Mensa and Elena Simintzi
We analyze how frivolous patent-infringement claims made by “patent trolls” affect small firms’ ability to create jobs, raise capital, and survive. Our identification strategy exploits the staggered passage of anti-patent-troll laws at the state level. We find that the... View Details
Appel, Ian, Joan Farre-Mensa, and Elena Simintzi. "Patent Trolls and Small Business Employment." Harvard Business School Working Paper, No. 17-072, February 2017.
- December 2019
- Article
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of nonpracticing entities (NPEs) in the intellectual-property space. We find that, on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms and target cash in... View Details
Keywords: Patent Trolls; Innovation; Patents; Lawsuits and Litigation; Ethics; Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Management Science 65, no. 12 (December 2019): 5461–5486. (Cited in the United States Federal Trade Commission Report on Patent Assertion Entities, 2016.)
- Article
"Troll" Check? A Proposal for Administrative Review of Patent Litigation
By: Lauren Cohen, John Golden, Umit Gurun and Scott Duke Kominers
The patent system is commonly justified as a way to promote social welfare and, more specifically, technological progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals. Particularly in the United... View Details
Cohen, Lauren, John Golden, Umit Gurun, and Scott Duke Kominers. "Troll" Check? A Proposal for Administrative Review of Patent Litigation. Boston University Law Review 97, no. 5 (October 2017): 1775–1841.
- February 2018
- Article
Patent Publication and the Market for Ideas
By: Deepak Hegde and Hong Luo
In this paper, we study the effect of invention disclosure through patent publication on the market for ideas. We do so by analyzing the effects of the American Inventor's Protection Act of 1999 (AIPA)—which required U.S. patent applications to be published 18 months... View Details
Keywords: Licensing; Patent Publication; Invention Disclosure; Patents; Information Publishing; Innovation and Invention; Knowledge Dissemination
Hegde, Deepak, and Hong Luo. "Patent Publication and the Market for Ideas." Management Science 64, no. 2 (February 2018): 652–672.
- 2018
- Working Paper
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. We find that on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms—and target cash in... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Ethics; Lawsuits and Litigation; Innovation and Invention; Corporate Finance
Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- November–December 2016
- Article
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
By: Yongwook Paik and Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
- Spring 2014
- Article
Ex-Ante Agreements in Standard Setting and Patent Pool Formation
By: Gaston Llanes and Joaquin Poblete
We present a model of standard setting and patent-pool formation. We study the effects of alternative standard-setting and pool-formation rules on technology choice, prices, and welfare. We find three main results. First, we show that allowing patent pools may reduce... View Details
Keywords: Standard Setting; Patent Pools; Royalty Stacking; Ex-ante Agreements; Coalition Formation; Motivation and Incentives; Patents; Agreements and Arrangements; Standards
Llanes, Gaston, and Joaquin Poblete. "Ex-Ante Agreements in Standard Setting and Patent Pool Formation." Special Issue on Innovation Economics. Journal of Economics & Management Strategy 23, no. 1 (Spring 2014): 50–67.
- 2024
- Working Paper
Patent Hunters
By: Lauren Cohen, Umit Gurun, Katie Moon and Paula Suh
Analyzing millions of patents granted by the USPTO between 1976 and 2020, we find a pattern where specific patents only rise to prominence after considerable time has passed. Amongst these late-blooming influential patents, we show that there are key players (patent... View Details
Cohen, Lauren, Umit Gurun, Katie Moon, and Paula Suh. "Patent Hunters." NBER Working Paper Series, No. 32965, September 2024.
- 2017
- Chapter
Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both aggregate trends and cross-sectional differences amongst various types of NPEs. Survey evidence illustrates a number of ways in which NPEs can... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Lawsuits and Litigation; Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey." In Patent Assertion Entities and Competition Policy, edited by D. Daniel Sokol. Cambridge University Press, 2017.
- June 2015
- Article
Standard-Essential Patents
By: Josh Lerner and Jean Tirole
A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential patents (SEPs). In an attempt to curb the monopoly power that they create, most standard-setting... View Details
Lerner, Josh, and Jean Tirole. "Standard-Essential Patents." Journal of Political Economy 123, no. 3 (June 2015): 547–586.
- March 2011
- Article
Cheaper Patents
By: Tom Nicholas
The 1883 Patents Act in Britain provides perspective for modern patent policy reforms because it radically changed incentives for inventors by reducing filing fees by 84 percent. Patents increased 2.5 fold after the reform, which was evenly distributed across the... View Details
Keywords: Patents; Global Range; Distribution; Demand and Consumers; Organizational Structure; Business Processes; Innovation and Invention; Innovation and Management; Policy; Governing Rules, Regulations, and Reforms; Fluctuation; Motivation and Incentives; Distribution Industry; United States; Great Britain
Nicholas, Tom. "Cheaper Patents." Research Policy 40, no. 2 (March 2011).
- Fast Answer
Patent terminology: Patent Family
What is a patent family and how it can be used in patent search? A patent family is a collection of patent applications covering the same or... View Details
- Fast Answer
Patent primer: patenting timeline
What is a typical patenting timeline and when is patent information publicly available? Strategic... View Details
- 25 Nov 2013
- Working Paper Summaries
Standard-Essential Patents
- 29 Aug 2014
- Working Paper Summaries
Patent Trolls
- February 2018
- Background Note
Patent Trolling
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details
Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
- Fast Answer
Patent search: Product-associated patents
How can I find patents associated to a particular (branded) product? It is always a challenge to conduct a patent search by product (or "brand name") because: Almost all the View Details