Abstract
This study investigates the different effects of the 1982 reform of the U.S. patent judiciary systems on patent scope in foreign and American firms. We first develop a model of patent scope decision-making under litigation uncertainty. We hypothesize that although the 1982 patent reform increased the scope of patents on average, it unfavorably affected the patent scope of foreign firms that were legally less capable than American firms. Using the data of the 30 years around the U.S. patent reform, we found that foreign firms tended to file patents with much narrower scopes than those of American firms after the 1982 reform. This tendency was stronger in technologically interdependent, “complex” industries than in less interdependent, “discrete” industries. If foreign firms developed and patented new technologies locally in the U.S., however, the liability of foreignness in patenting disappeared.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
