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AIMS 2004 / PMS 2005


Corbel, P. « Le brevet, un instrument d’équilibration stratégique », Proceedings of the 13th International Conference of the AIMS (Association Internationale de Management Stratégique), Le Havre, June 2004, paper published in a slightly different version in P. Joffre, J. Lauriol and A. Mbengue, Perspectives en management stratégique, tome XI, éditions EMS, Caen, June 2005, pp. 103-120

Abstract:

The aim of this article is to show that the patent is a multi-faceted strategic instrument and not simply a legal tool aimed to protect technological innovations from imitation. We use the ago-antagonistic approach developed by E. Bernard-Weil to analyse patent strategies based on two ago-antagonistic pairs: a monopoly rents/ricardian rents pair and a cooperation/exclusion pair. 

Four generic strategies emerge from the formalisation of these four poles: 

- A defensive strategy aimed at maintaining a monopoly on the technology;
- Licensing strategy aimed at increasing royalties;
- Technology exchange strategy;
- A "race to the finish" strategy. 

However, one of the central concepts of the ago-antagonistic approach is that of equilibration: there is always both cooperation and exclusion, and both Ricardian and monopoly rents are sought, but in different proportions and without a stable equilibrium emerging. This is why we show how patents make it possible to relax the constraints of these generic strategies (particularly through the number and price of licences granted), provided that a global approach to the strategic management of this type of resource is developed. This analysis shows the need for companies to give a genuinely strategic character to patents and, above all, to their management. This dimension must complement its technical-legal character and enable a better coherence between the strategy for managing industrial property rights and the other aspects of implementing the company's policy.

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This website's webmaster is Pascal Corbel, Professor of management at Université Paris-Saclay.

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