Abstract

We study the novel business models of patent acquisition services and assess their implications for intellectual property markets and patent litigation. Through qualitative case studies and descriptive analyses of patent and litigation data, we find that the recent innovations in the area of defensive patent acquisition business models are indeed distinct from the more offensive models and from practicing entities’ strategies in the markets for intellectual property. There are also substantial differences between the defensive business models themselves, in particular, depending on their for-profit vs. non- profit objectives, and public vs. private ownership. In the patent and litigation data, defensive acquisition services stand out particularly in terms of the higher quality of their patents and their impact on the settlement and timing of lawsuits. We finish by discussing the broader context of the patent wars, and how defensive patent acquisition business models may endogenously evolve or be forced to change through competitive and regulatory pressure. We conclude that in the IP industry, business models are an essential dimension of competition.

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