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Patents versus Markets

Long ago Jack Hirshleifer pointed out that markets can reward innovative activity even in the absence of patents (H.'s point was actually that markets could over-reward such activity but the point was clear).  If an inventor discovers a new source of energy that requires the use of palladium, for example, he can buy palladium futures, announce his discovery and wait for the price of palladium to increase.  Of course, this only works if the discovery is credible so betting (contra Tyler) is an important way to test the credibility of a theory (e.g. here and here and of course Hanson's key paper Could Gambling Save Science).

All this is by way of introduction to a new paper in Science, Promoting Intellectual Discovery: Patents Versus Markets (press release here).  Bossaerts et al. compare a patent system with a market reward system in an interesting experimental setting.  The innovation is the solution to a combinatorial problem called the knapsack problem.  In the knapsack problem there are Z items each with a certain value.  You must choose which items to put into the knapsack in order to maximize it's value but each item also has a weight and you cannot go over a fixed weight which is set such that you can't carry all the items.  The solution to a knapsack problem is not obvious since it's not always best to include the most valuable items.  The authors argue that solving the knapsack problem is like combining ideas to create a new innovation.  The authors, of course, know the optimal solution to each knapsack problem.

Rewards for creating the innovation are offered in two ways, in the patent method the first person to produce the optimal solution gets the entire reward.  In the market system each participant is initially given an equal number of shares in each item.  The item-shares trade on a market. After the markets close a $1 dividend is paid to each item-share if the item is in the optimal solution, other shares expire worthless.  Thus, the price of the item-shares can be thought of as the probability that the item is in the optimal solution.  (i.e. is palladium in the optimal solution to the energy problem?  If so, it will have a high price.)  Dividends are set such that the total reward is about the same in the two treatments.  Proposed solutions were also collected in the market setting although the solutions per se were not the basis of any reward.

Important findings are that the problem was solved just as often in the market setting as in the patent setting.  Indeed, in the market setting more people solved the problem on average.  There are two possible explanations.  First, the winner-take-all nature of the patent system may have deterred some of the weaker participants from exerting effort.  Second, and more interesting, is that the prices in the market system did in fact incorporate information about the optimal solution - thus market prices may have given people hints about the optimal solution, much like seeing a partial solution to a jigsaw puzzle.

Problems are that the market system can work only if there are rents to be had from market prices.  A new computer chip design, for example, won't change the price of silicon (although even here side-bets may be possible, the inventor knows the manufacturer to whom he sells the invention for example).  Also, the price of an input, like palladium, can be influenced by many things other than the innovation so the market system will typically often involve more risk.  Still this is an interesting experimental approach to a deep problem.

Thanks to Monique van Hoek for the pointer.

Posted by Alex Tabarrok on March 16, 2009 at 07:31 AM in Economics, Law, Science | Permalink

Comments

Discussions about intellectual propert rights are always interesting. I was wondering if Marginal Revolution might address the proposed EU directive for copyright term extension for recorded music. It's been gathering a lot of attention since the European parliament is set to vote about it on March 23.

Posted by: Mark Gray at Mar 16, 2009 9:00:52 AM

Ungated version: http://www.hss.caltech.edu/~debrah/papers/kp080403submitted.pdf

Posted by: Me at Mar 16, 2009 9:07:19 AM

Interesting. Perhaps the patents vs markets tag doesn't really apply? This mechanism would work with and without patents, and we would expect to see it even in an environment with patent rights. Are there significant historical examples?

I can imagine that reliability is an issue, i.e. when trying to get funds for innovation, you can't work on the premise that your eventual discovery will definitely allow this mechanism. And if after the discovery you find that you can use this mechanism to get rewards, than that's a nice bonus, but it doesn't spur innovation a priori.

Posted by: Zamfir at Mar 16, 2009 9:15:07 AM

If half the energy spent on trying to save your market gods were spent on studying how things like innovation and patents really work, you might even learn something.

Economics might work better as a science than it has in its various incarnations as religion.

Instead of constructing fantasies about how inventing a better battery might affect palladium futures, why not look at a couple of places where patents are central to innovation associated profits (like big pharma), and some places where they hardly are (like semiconductors and software)?

Posted by: capitalistimperialistpig at Mar 16, 2009 9:41:49 AM

I fear that this article misses the whole point of patents (no big deal, since Bessen and Maskin's "Sequential Innovation, Patents and Imitation" also missed it) is to *reduce* the rents accruing to an innovator.

When you file a patent, you get a rent in exchange of publicizing your discovery (enabling other people to use some of the ideas or to build cumulative innovation over it). Without a patent system, you are better off by keeping the workings of your discovery secret (like Coca Cola's exact formula), barring other people from incremental discovery. The whole idea of patents is not to ensure proper incitations for innovation, but incitations to publish innovative processes.

The experiment is nice, but answers the wrong question, I'm afraid.

Posted by: Mathieu P. at Mar 16, 2009 10:38:10 AM

Mathieu,

wouldn't the profit opportunity provide an incentive to publish as well?

Posted by: IWantCookieNow at Mar 16, 2009 10:43:36 AM

Wouldn't the insider trading rules need to be amended to let this work in real life? For example, I think that if you were to buy the stock of a corporate partner based on the information that the partner's revenues are about to increase from a jointly-produced technology, that might qualify as insider trading. Not 100% sure though.

Posted by: blabla at Mar 16, 2009 11:00:12 AM

Mathieu, in the US we actually distinguish between Patent and Trade Secret. I believe Coca Cola may have started as both, but umpty ump years later the Patent would have expired. Interestingly Trade Secrets "effectively allows a perpetual monopoly in secret information - it does not expire as would a patent."

FWIW, I think the idea of patent is ok, but our implementation is wholly capture by mega-corps.

Posted by: odograph at Mar 16, 2009 11:17:50 AM

"Problems are that the market system can work only if there are rents to be had from market prices."

Not an insignificant problem for inventors who don't know how to analyze financial statements or otherwise value securities, options, or derivatives. Moreover, even if they could deconvoluting out the impact of a new invention on the valuation of a security or derivative is not something that even a professional would be able to do consistently!

Posted by: Michael F. Martin at Mar 16, 2009 11:31:22 AM

Another thought on "patents vs. markets" and the problem you acknowledge (i.e., "that the market system can work only if there are rents to be had from market prices.")

Are patents then against markets? If patents help constitute a market by permitting for some social benefits to be internalized (thereby creating market competition for the rewards and recognition of patenting), then the "vs." isn't always appropriate.

Every patent affects two markets -- the market for inventors' time and the market for products infringed by patent claims. Everybody focuses on the economic effect on the latter. Most of the social benefits of patenting arise from the former.

Posted by: Michael F. Martin at Mar 16, 2009 11:35:30 AM

although even here side-bets may be possible, the inventor knows the manufacturer to whom he sells the invention for example

But in that case the selling itself seems a much stronger mechanism. If the buying company profits enough from that sale to have effect on its stock, you should have asked more in the first place. And you can otherwise only capture most amount if you buy options for the entire stock of the company, which seems a bit excessive

Posted by: Zamfir at Mar 16, 2009 11:38:43 AM

No, odograph.

If Coke's secret formula had been patented, it would have been published...at the very latest,
when the patent issued. No longer a secret => not a Trade Secret anymore. And everyone would be free to
use the formula upon expiration of the patent (IIRC, 17 years from date of issue would have applied in
Coke's case). Also, trade secret doesn't protect against reverse engineering.

So if you could reverse engineer the Coke formula, you can use it. Trade Secret only protects against "dirty pool," e.g., stealing.

Also, I think you have it backwards on your last statement. At least in the electronic/software industries.

Google, Microsoft, et al. with dominant market position (and Microsoft with a huge "network effect") want
patents to go away. See, e.g., Coalition for Patent Fairness.

Nothing scares a Microsoft more than a small inventor with a good, important, valid patent. That's
the big bucks - the $500M or more of damages. They like to call those folks "trolls" and belittle
them because they don't punch out copies of OSs (or routers or whatever) for the masses.

Posted by: anon at Mar 16, 2009 11:39:34 AM

Well, I'll give you the "coke must have never patented" thing. I'll say I was still waking up. On the second, explain the MS EULAs to me, and how there are a boon to individual rights.

Posted by: odograph at Mar 16, 2009 11:43:23 AM

Patents by start-ups are pretty much a waste of time and money, even though investors usually like to see a line "X Patent Applications" on a technology slide.

The costs are out of proportion to other start-up costs and go on for years.

By the time they are published they probably do not reflect the concept correctly.

Any method to monetize technology is probably better for a start-up than protecting technology. (Or trying to)

Posted by: Texas family vacation ideas at Mar 16, 2009 12:09:36 PM

Non sequitur, odograph.

What does MS’s EULA have to do with a small inventor’s right to invent? Microsoft may have onerous license agreements. I don’t read them because I find that they don’t prevent me from performing my daily tasks. I just click “ok” and get on with my life - it isn’t worth my time to read a bunch of stuff that doesn’t apply to me. “Onerous” is in the eye of the beholder.

You can choose to not buy their products and therefore won’t be subject to their agreement. No effect on individual rights unless the individual voluntarily consents in exchange for the right to use their product.

As far as patents go...just what are the patent-related restrictions Microsoft places in their EULA’s? How are they onerous to small inventors?

BTW, Microsoft has thousands of patents. Each one cost them thousands of dollars. Every patent owned by someone else is a financial risk. Small independent inventors with good, valid patents are the biggest risk because they can’t offer a cross license--they have to pay. Microsoft simply wants to be rid of the known and potential costs of the patent system as it isn’t necessary to their business model -- which ensures domination via the network effect.

Now big pharma, on the other hand....

Posted by: anon at Mar 16, 2009 12:17:13 PM

One other thing, odograph -- look at the empirical evidence.

Are MS, Google, Cisco et al lobbying for a stronger or weaker patent system?

Follow the money....

Posted by: anon at Mar 16, 2009 12:19:54 PM

Tfvi,

I think that depends strongly on the technology.

But you are correct, it is very difficult to get capital without showing investors that your super-cool technology is at least nominally protected.

Posted by: anon at Mar 16, 2009 12:30:32 PM

Is it really a non-sequitur to talk about broad IP? We just had the Patent versus Trade Secret thing. Copyright, and its binding to license (EULA) follow.

MS and other corporations use those tools to suit themselves. They build patent portfolios. They sue their opponents. They squawk when they are sued in turn. My one-liner about corporate interests was really about that heavyweight battle. When MS has 10,000 patents, and IBM gets 5,000 patents in one year, and Apple and Dell etc have a few thousand patents ... how is a kid going to start a computer company?

How much does it cost a small player to even know what the other guy's patents are?

Posted by: odograph at Mar 16, 2009 1:04:28 PM

Depends on the purpose. A patentability search in many techs is under $1,000, in electronic areas can go up to a couple grand. A freedom to operate search is generally harder and a bit more expensive.

OTOH, you can file a patent application with the PTO claiming your invention and get a "free" search and maybe even a patent out of the deal. ("free" as in you can't opt out of it -- it is the same price whether or not you search on your own before filing).

Posted by: anon at Mar 16, 2009 2:02:48 PM

"Not an insignificant problem for inventors who don't know how to analyze financial statements or otherwise value securities, options, or derivatives. Moreover, even if they could deconvoluting out the impact of a new invention on the valuation of a security or derivative is not something that even a professional would be able to do consistently!" - Michael F. Martin

I agree. Electrical Engineering and Business Finance are two completely different skill sets, and you can't expect somebody who is good at the one to necessarily be good at the other.

Posted by: David C at Mar 16, 2009 3:39:33 PM

"Important findings are that the problem was solved just as often in the market setting as in the patent setting. Indeed, in the market setting more people solved the problem on average."

This is not an argument in favor the market. Between two systems that produce about the same level of innovation (that is, solving the problem equally often), we should prefer the one that does so with less effort. If more people solve the problem in the market system, that's wasted effort. Some of the problem-solvers' time could have been devoted to other things.

Posted by: Glen at Mar 16, 2009 5:12:13 PM

This is not an argument in favor the market. Between two systems that produce about the same level of innovation (that is, solving the problem equally often), we should prefer the one that does so with less effort.

It's not really a question this model can answer: the agents in this experiment don't have anything better to do than try to solve the problem.

Posted by: Cyrus at Mar 16, 2009 8:17:43 PM

Patents, copyrights, and other forms of intellectual property form the foundation for their own markets. You can't have a market unless you have a property right of some kind to sell. Patents and copyrights merely define the salable property rights in intangible property. I find the whole "patents v. markets" formulation to be a kind of category error. The real question(s) should be:

(1) Do we want to have intellectual property rights?

(2) If so, what form should they take?

The market in such rights (or the other kinds of value created by innovation) will take care of itself.

Basically, the no-intellectual-property position rests on the assumption that having enforceable intellectual property rights causes a net loss of global value and/or that such rights provide less incentive to innovate than the absence of such rights. The thought experiment above does little to illuminate these issues, as far as I can tell.

Posted by: R C Dean at Mar 16, 2009 9:41:08 PM

---The solution to a knapsack problem is not obvious since it's not always best to include the most valuable items.

They or you have worded the problem somewhat naively, so more accurately: the issue is not just that a given solution is "not obvious". The issue is that even if you have solved a subset of the problem correctly and optimally, that doesn't help you solve the rest of the problem, and any incremental change in the problem statement (by incrementally changing the instances of values of the goods or their weights) means you must resolve the whole problem. This is the heart of the problem with the Knapsack problem. However, there's a second heart: a solution to the problem is easily VERIFIED to be correct. Without that, validation would be as expensive as solving--so you'd get no benefit there either.

So when they given a specific instance of the knapsack problem, they aren't really getting at the issue of why the knapsack is hard; are they getting at the issue of why innovation is?

Back to the knapsack: is saying that it's not just easy to incrementally improve really enough to analogize? No, not really. A necessary condition, but not sufficient. Innovation is meaningless unless the innovation solves a problem that people, or some market, want solved. So the "market" pricing here is for an easily verified solution--yet not clear that that's what is wanted or preferred, and that verification alone changes the "market" pricing vs the patent opportunity. what if you couldn't verify a solution easily?

Posted by: allison at Mar 16, 2009 10:38:51 PM

(cont)

It seems to be that patents work well precisely when the solutions aren't easily verified. Patents don't work well otherwise, because your disclosure of how they work levels the playing field for all future innovation in the same direction, since the tiniest of variations will be outside your patent, and your only current advantage only comes from the willingness to litigate to protect your solution. But if verification that the patent worked is in and of itself terribly expensive, then others on disclosure will not necessarily invest to move the ball farther down that line of inquiry.

This gets back to the difference between pharma and software.


Posted by: allison at Mar 16, 2009 10:42:07 PM

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