Embracing Invention Similarity for the Measurement of Vertically Overlapping Claims

ABSTRACTClear and well-defined patent rights can incentivize innovation by granting monopoly rights to the inventor for a limited period of time in exchange for public disclosure of the invention. However, with cumulative innovation, when a product draws from intellectual property held across multiple firms (including fragmented intellectual property or patent thickets), contracting failures may lead to suboptimal economic outcomes. However, an alternative theory, developed by a variety of scholars, contends that patent thickets have a more ambiguous effect. Researchers have developed several measures to gauge the extent and impact of cumulative innovation and the various channels of patent thickets. This paper contends that mis-measurement may contribute to the incoherence and overall lack of consensus within the patent thickets literature. Specifically, the literature is missing a precise measure of vertically overlapping claims. We propose a new measure of vertically overlapping claims that incorporate...