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DO PATENT POOLS ENCOURAGE INNOVATION? EVIDENCE ...

DO PATENT POOLS ENCOURAGE INNOVATION? EVIDENCE ...

DO PATENT POOLS ENCOURAGE INNOVATION? EVIDENCE ...

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creation of a pool for each pool patent. Results are robust to the inclusion of<br />

linear and quadratic time trends, controls for the age of the pool, binary<br />

specifications of the pool variable, and Poisson regressions to control for the<br />

count data nature of patents.<br />

A potential concern with the difference-in-differences estimate is that the<br />

creation of a pool may be an endogenous response to variation in rates of<br />

innovation across technologies and over time. Technologies that are more<br />

innovative may be more likely to be included in a pool (Shapiro, 2001; Dequiedt<br />

and Versaevel, 2007). Thus pool subclasses produce nearly 3 times as many<br />

patents before the creation of a pool compared with other subclasses in the same<br />

main class, so that baseline estimates may underestimate the real decline in<br />

patenting after the creation of a pool.<br />

Pools may also be formed in response to a decline in innovation, after a<br />

technology has matured. To investigate this, we estimate annual coefficients<br />

before and after the creation of a pool. Annual coefficients become negative and<br />

statistically significant six years after the creation of the pool, suggesting that the<br />

creation of a pool affected rates of invention, rather than the other way around. In<br />

fact, annual coefficients imply that the effects of a pool intensified over time. For<br />

example subclasses with an additional pool patent produced 13 percent in the first<br />

five years after a pool had formed, and 19 percent in years six to ten.<br />

A series of robustness checks confirm the main results. Estimates are<br />

robust to restricting the estimation to subclasses that include pool patents, Poisson<br />

6

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