How the Strength of Patents Influence Firm Strategies and Competition?
By Anand Nandkumar
Academy of Management | November 2018
DOI
doi.org/10.5465/AMBPP.2012.15881abstract
Citation
Nandkumar, Anand. How the Strength of Patents Influence Firm Strategies and Competition? Academy of Management doi.org/10.5465/AMBPP.2012.15881abstract.
Copyright
Academy of Management, 2018
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Abstract
The TRIPs mandate that seeks to harmonize patent laws the world over has been heavily debated especially by developing countries on the basis that stronger patents are likely to increase market concentration and prices. Contrary to this notion, using the recently initiated patent reforms in India, we show that stronger patents can actually increase competition. Building on the literature on Markets for Technology (MFT) we build model that identifies conditions under which stronger patents can actually stimulate competition as opposed to retarding it. We show that stronger patents increase entry by firms that do not have the ability to produce proprietary technology because stronger patents facilitate entry by in-licensing. On the other hand for firms, that do not have complementary capability but can generate proprietary technology, stronger patents makes it more attractive to out-license rather than entering product markets. Assuming that multinationals have high technical capability and relatively low complementary capability and that domestic firms have low technical and high complementary capability, we hypothesize that stronger patents should facilitate licensing between multinationals and domestic firms, especially to those that are incapable of producing proprietary technology. Our empirical results bear out the intuition that on an average, patenting activity increases with stronger patents and by more for multinationals relative to domestic firms and also by more in disembodied industries relative to embodied markets. Also, as a consequence we show that licensing activity and competition increases with stronger patents and by more in disembodied industries while licensing activity increases with stronger patents and by more in disembodied industries.

Anand Nandkumar is an Associate Professor of Strategy, Executive Director of SRITNE at the Indian School of Business (ISB), and Associate Dean of the Centre for Learning and Teaching Excellence. He explores industry and firm-level phenomena that influence innovation - the generation of new ideas, and entrepreneurship - distribution and commercialisation of new ideas. His research focuses on high-technology industries such as pharmaceuticals, biotechnology, and software, and it falls in between industrial organisation (IO), economics of technological change, and strategy.

Professor Nandkumar’s current work in the innovation stream examines the effect of stronger intellectual property rights (IPR) on different aspects of innovation, such as the influence of stronger patents on long run incentives for innovation or the influence of stronger patents on the functioning of Markets for Technology (MFT). In the entrepreneurship stream, his current work examines the influence of venture capitalists on entrepreneurial performance.

Professor Nandkumar graduated with a PhD in Public Policy and Management, with a focus in strategy and entrepreneurship from Carnegie Mellon University in 2008. Prior to his PhD, he worked for 3 years with a startup in Silicon Valley, and prior to that, in New York City with one of the world’s largest financial services firms.

True to his expertise, at ISB, Professor Nandkumar teaches Strategic Innovation Management and Strategic Challenges for Innovation-based startups.

Anand Nandkumar
Anand Nandkumar