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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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egressions that control for the count data properties of patent data, and alternative<br />

OLS and Poisson estimates that control for the quality of patents.<br />

Regressions that drop individual pools from the sample indicate that the<br />

observed effects are not driven by a single pool. Dropping aircraft instruments<br />

and variable condensers yields to the largest decline in estimated effects, but<br />

estimates remain large and statistically significant. Without aircraft instruments<br />

the estimated decline is -0.38 (instead of -0.45) patents per subclass and year;<br />

without variable condensers it is -0.42 patents per subclass and year.<br />

An additional test explores variation in the estimated decline across<br />

subclasses with a single pool patent and subclasses with two or more pool patents.<br />

In subclasses with one pool patent, the technology was already owned by a single<br />

firm so that the creation of a pool may not have had any direct effect (even though<br />

the technology may be affected by complementarities and spillovers from other<br />

subclasses). In subclasses with two or more pool patents, however, the creation of<br />

a pool may have affected the ownership structure, and eliminated competition.<br />

Consistent with this idea, patent data confirm that the decline in patenting after<br />

the creation of the pool was significantly stronger for subclasses that included two<br />

or more pool patents.<br />

Finally, a descriptive analysis examines correlations between the rate of<br />

decline in patenting and specific pool characteristics, such as their openness to<br />

licensing, grant-back rules that require members to offer all new patents to the<br />

pool (Lerner and Tirole, 2004), and the inclusion of members from other<br />

countries. Openness to licensing is correlated with a stronger negative effect,<br />

7

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