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An exploratory analysis of patent fencing in pharmaceuticals: The case of PDE5 inhibitors

Christian Sternitzke

Research Policy, 2013, vol. 42, issue 2, 542-551

Abstract: Firms pursue a number of strategies to appropriate value, including patenting. In this paper I study patent fencing, a specific filing strategy to use multiple related patents to further enhance value appropriation. The paper addresses the pharmaceutical industry, which shows a high patenting propensity and strong lifecycle management activities leading to additional patent filings per drug. Building on an inductive case study, this paper explores the mechanisms behind patent fencing within a novel class of drugs. Patents with offensive blocking potential are primarily filed in the a later stage of the lifecycle and are tied to certain categories of patents with a low potential to substitute prior filings economically, while filing of patents with defensive blocking potential occurs more often in the early lifecycle stage. Finally, a model is developed on patent fencing in pharmaceuticals that builds on these patents’ characteristics.

Keywords: Patent fencing; Drug lifecycle management; Blocking; Complementary patents; Substitutive patents (search for similar items in EconPapers)
Date: 2013
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (14)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:respol:v:42:y:2013:i:2:p:542-551

DOI: 10.1016/j.respol.2012.11.003

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