Donges et al. on Patent Litigation in the German Empire

Alexander Donges, University of Mannheim, Felix Selgert, University of Bonn, and Jochen Streb, University of Mannheim, have posted Patent Litigation in the German Empire:

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We provide an empirical analysis of patent litigation in the German Empire by using a new data set that includes detailed information on patent proceedings. Our data combine micro-level information on nullification decisions by the Imperial Patent Office and the court of appeal, the Imperial Court, with data on high-value patents. By using nullification decisions as a proxy for patent conflicts, we analyze the differences in the intensity of patent conflicts across industries. Our results reveal a significant heterogeneity. By introducing the new concept of technological concentration, we show that in industries with high technological concentration patent litigation was less frequent. We argue that, unlike small and medium-sized enterprises, innovative companies with market power had the option of resolving patent disputes outside the courts through cartel-like agreements such as patent pools. 

--Dan Ernst