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Defensive Publishing An Empirical Study

Joachim Henkel () and Stefanie Pangerl

No 08-04, DRUID Working Papers from DRUID, Copenhagen Business School, Department of Industrial Economics and Strategy/Aalborg University, Department of Business Studies

Abstract: Defensive Publishing denotes publication of an invention with the purpose of creating prior art, and thus preventing patents being granted on this invention. Although widely employed, it has hardly been investigated empirically. Our study is based on 56 in-depth interviews, among others with most industrial firms in the German DAX 30 stock index. We find that 70 percent of the companies in our sample use defensive publications, for up to one third of their inventions. Interestingly, we find that the patent system itself is frequently used for defensive publishing. Our findings also challenge contributions connecting defensive publishing to patent races.

Keywords: Defensive publication; Intellectual property; Freedom to operate; Patens (search for similar items in EconPapers)
JEL-codes: M21 O32 O34 (search for similar items in EconPapers)
Date: 2008
New Economics Papers: this item is included in nep-ino, nep-ipr and nep-pr~
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