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Research PolicyVolume 39, Issue 7, September 2010, Pages 994-1009

The private value of software patents(Article)(Open Access)

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  • aUniversity of California, Berkeley, 549 Evans Hall, Berkeley, CA 94720, United States
  • bBoston University School of Management, 595 Commonwealth Ave, Boston, MA 02215, United States

Abstract

We investigate the value creation or destruction associated with the introduction of software patents in the United States in two ways. The first looks at the cumulative abnormal returns to Information and Communication Technology (ICT) firms around the time of important court decisions that impacted software patents, and the second analyzes the relationship between firms' stock market value, the sector in which they operate, and their holdings of software patents. We conclude that the market evaluated software patents as a negative development ex ante. Ex post, a greater number of firms in all ICT sectors invested in these patents, and these firms had slightly higher market values than those with no software patents. However, while we obtain clear evidence that the technological importance or quality of patented innovation mattered for the market value of hardware firms both before and after the legal changes, it is less clear that the marginal patent right per se was associated with increases in market value, and there are no significant valuation effects associated with patents for pure software firms after the change. © 2010 Elsevier B.V. All rights reserved.

Author keywords

Intellectual property rightsPatent valueSoftware patents

Indexed keywords

Engineering uncontrolled termsBefore and afterCourt decisionsCumulative abnormal returnsFirst lookInformation and Communication TechnologiesIntellectual property rightsMarket valuesPatent rightsSoftware firmsSoftware patentsStock marketValue creation
Engineering controlled terms:CommerceComputer softwareEconomic and social effectsLaws and legislation
Engineering main heading:Patents and inventions
  • ISSN: 00487333
  • CODEN: REPYB
  • Source Type: Journal
  • Original language: English
  • DOI: 10.1016/j.respol.2010.04.007
  • Document Type: Article

  MacGarvie, M.; Boston University School of Management, 595 Commonwealth Ave, United States;
© Copyright 2010 Elsevier B.V., All rights reserved.

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