Lewensohn D & Gold R - working paper prepared for VALGEN annual meeting Jan 2011, Banff Patent landscaping 1. Introduction Scholars, policy makers, higher education and business managers that employ patent data to measure the productivity and impact of innovation of an entity (e.g. a firm, industry or country) need to be able to do so in a reliable, systematic and standardized manner. For decades, patent data have been analyzed by researchers in economics, management, law and sociology to measure knowledge accumulation and knowledge flow (Scherer 1965; Scherer 1965; Schmookler 1966; Griliches 1990; Jaffe 1996; Jaffe 1999; Jaffe 2001) and technological change (Basberg 1987; Archibugi and Planta 1996). In addition, patent data has been applied to assess national innovation performance (Trajtenberg 1990; Gassler 1996; Henderson 2005) and to forecast technology (M.E. Mogee 1994; Ernst 1997; B.P. Abraham 2001; Daim 2006; Daim 2006). Another example, where patent data plays an important role is in the study of patent thicket phenomena in areas such as biomedical research (Jensen and Murray 2005; Bergman 2007; Huys 2009) and agriculture (Mittal 2006; Glenna 2009). Alongside scholarly utilization of patent data, practitioners in business and management have turned to patent data as support in decisions regarding technology planning and business strategy (Rivette 2000; Breitzman 2002) and in search of technological opportunities (Raffo 2009). The increase of patent applications in the last decade has expanded the pool of patent data available for analysis (van Zeebroeck 2009). Knowledge intensive sectors such as ICT (information communication technology), nanotechnology and molecular biotechnology are examples of areas that have seen extensive patenting of various applications in the last two decades (Harris 2007; Hayman 2009; Pham 2009; Phukan 2010; Quan 2010). Although numerous articles have been published based on various sorts of patent data (i.e. patent count, patent claims, patent renewal data, opposition and litigation data, patent citations, inventor, applicant), the literature does not seem to provide a coherent framework for patent data analysis in terms of what methods to apply and for what purposes. In fact, the literature lacks a standardized definition for methods that use patent data. One of the few attempts to provide some order to the abundant “patent data literature” is an article by Lai et al. (2007). The authors set out to classify research papers that make use of patent data between 1980 and 2003. However, the authors of that same paper does not label the actual method used for the analysis of patent data. Their classification is solely based on the topic of the reviewed research papers such as “indicators of technological and innovative activities”. The possible relationship between certain methods such as “patent count” (e.g. number of patent 1 applications or patents in a certain domain) and purpose such as “measuring a country’s innovation activity” is not covered in the article by Lai et al. (2007). In addition, limitations, pointed out by Lai et al. (2007) include the somewhat narrow focus on technology management literature, the time limit of articles (1980-2003) and the lack of practitioner literature or empirical evaluations of different methods. We argue that it is critical to be able to assess the value of using patent data with regards to business decision-making, research and innovation policy evaluations and other purposes. In this respect, there are several aspects that need to be taken into consideration. Firstly, a literature review should investigate both the purpose of the research and the method applied. Secondly, an empirical investigation of the resources allocated (e.g. cost, time, need for special computer systems, and expertise in terms of for example patent agents) for different methods of analysis of patent data are necessary to be able to inform interested stakeholders. Thirdly, an actual comparison of different methods (e.g. a numerical based method versus using patent agents versus using researchers in science and technology) applied to the same dataset would be valuable. These three steps would guide us to a practical and easily interpretable framework, which could be adopted by stakeholders in government, industry and academia, to support decision-making ranging from freedom-to-operate analysis (including a few patent claims) to statistical explorations of large patent data sets for longitudinal studies on the innovation activity in a country. The objective of this paper is to cover the first step by reviewing the literature that applies patent data as a basis for analyses of phenomena in research, innovation and business. The methodology has similarities to the one presented by (Lai 2007). However, we try to address some of the limitations of their article pointed out above. Because of a lack of a unified definition for methods that use patent data, we suggest the use of the term patent landscaping for methods that use patent data to investigate the distribution and relationships of exclusive rights in a given domain. However, when referring to articles in the dataset we will use the term the scholars of those particular publications use (e.g. patent analysis, patent landscape, intellectual property landscape, patent bibliometrics etc). This paper is structured as follows. In section 2 (method), we outline the method used for the literature review including data collection and limitations of the method. In section 3 (definition), we point to definitions other scholars and practitioners have used for patent landscaping and try to explain our rational for providing our definition. In section 4 (results), we present our findings from the literature review with regards to general observations and what objectives and methods scholars use in our dataset. In section 5 (conclusion), we explore possible future research questions to be addressed with regards to patent landscaping. 2 2. Method a. Data collection We based our review method on the reviews applied in for example medicine in which systematic processing of the literature are used to identify and classify results of all major studies in a certain field (Higgins 2009). The search terms were selected in discussions with academic scholars in the field of law and sociology. To capture the multidisciplinary use of patent landscaping methods we did not limit our search to a specific field or sector. In addition, in order to make sure we covered the field of patent landscaping research we adopted the following related keywords: patent landscape, intellectual property landscape, intellectual property mapping, patent analysis, patent data analysis, freedom to operate, patent mapping, patent trends, patent scope, patent search, patent ownership, patent indicators, patent statistics, patent citations and patent citation analysis. According to table 1 below, we applied our search terms in the title or topic field or the field corresponding to them in the database Scopus. The different search terms generated a certain number of articles. The search was conducted for articles published between 2000 and 2010. Table 1 The fifteen search terms listed below were applied in the search of the Scopus database. The search was limited to articles published between the years 2000 and 2010. The data was downloaded in Nov 2010. Literature source Search terms Field Scopus patent landscape Scopus intellectual property landscape intellectual property mapping patent analysis Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, Scopus Scopus Scopus Scopus patent data analysis freedom to operate Scopus patent mapping Scopus patent trends Scopus patent scope Scopus patent search Scopus patent ownership Scopus patent indicators 3 Total no of articles retrieved 60 Years 15 2000-2010 (Nov 2010) 19 2000-2010 (Nov 2010) 209 2000-2010 (Nov 2010) 5 2000-2010 (Nov 2010) 49 2000-2010 (Nov 2010) 16 2000-2010 (Nov 2010) 28 2000-2010 (Nov 2010) 25 2000-2010 (Nov 2010) 109 2000-2010 (Nov 2010) 16 2000-2010 (Nov 2010) 36 2000-2010 (Nov 2010) 2000-2010 (Nov 2010) Scopus patent statistics Scopus patent citations Scopus patent citation analysis abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) Topic field (article title, abstract and key words) 76 2000-2010 (Nov 2010) 78 2000-2010 (Nov 2010) 24 2000-2010 (Nov 2010) The overall data collection involved different steps outlined in figure 1. The first step was to retrieve all publications generated based on the fifteen keywords referred to above. This initial step generated 801 results. After that, duplications and results where the author could not be found were eliminated gave 636 articles. In addition, articles were tagged with the keyword that generated it. Some articles were tagged based on more than one keyword, thus occurring twice. We tagged those articles that had multiple keywords, but we only saved one copy in order to avoid duplications. Then we read through the abstracts of the remaining publications to assess whether they dealt with the search terms we had applied. When we were unsure we downloaded and read the full publication. We eliminated those search results that we considered irrelevant and where we could not retrieve the full text automatically (due to lack of access or due to cost attached to the article). In terms of the assessment of “article relevance” in our sample, we decided to include articles that either explored a general method for patent landscaping (B.P. Abraham 2001) or exemplified the use of such methods by a practical case (Barrett 2005; Alencar 2007). Articles that we would eliminate from the sample were those written in another language (e.g. Albuquerque, 2001; Diáz-Párez; de Moya-Anegon, 2008) and those that dealt with pure patent law issues such as patent law reform (Schacht 2008). Also articles that dealt with transactions of intellectual property rights such as licensing or patent value were left out in our sample (Reitzig 2003). In those cases where a method for patent landscaping was not explicitly stated in the article, but referred to another article or document, we looked that document up (Bergman 2007). The final sample generated consisted of 204 articles (subject to changes). These remaining articles were analyzed based on the parameters displayed in table 2 below. 4 Search db (e.g. Scopus) using different key words Save results (N=801) Check for duplications and for results, where author could not be found Save results (N=636) Mark key words (A1-A15) Some articles will cover more than one keyword Go through abstracts (electronically). Save interesting articles and eliminate irrelevant articles from list. Save interesting articles (N=204, subject to change) Print relevant articles. Read and analyse articles Classify articles by objective (why) and method (how) Figure 1 Steps involved in search strategy 5 Table 2 The articles in the sample were analyzed based on the parameters outlined in the table. Field Objective: code (B, P, L) Method: code (M1, M2, M3) Patent database Search basis (keywords, IPC codes etc) Outcome of search First author: academic First author: practitioner Affiliation of first author The fields of the articles were of scientific or technological nature (e.g. medicine, nanotechnology, electronics or biotechnology) or had a business-related focus (e.g. research, innovation and management). The objectives were classified as B, P or L. B stands for business and included articles using patent data to understand for example competition between players in a certain market or to detect the extent of patenting activity in a specific domain. P stands for policy and deal with issues of regulation of research and innovation policy as well as trends of an industry or a certain technological field. Also, P-tagged articles cover topics that employ patent data to e.g. characterize patterns of collaborations between inventors in different sectors or regions. The objective with code L covers articles with legal questions, such as freedom-tooperate and patentability. It is important to point out that some articles in the sample have more than one objective (e.g. assess trends in a certain technology domain and compare patent activity of leaders in the field), which may or may not require double coding (e.g. P and B, or P and L). The same is true for the methodological classification. The methods M1, M2 and M3 capture different methodological approaches and uses patent data elements to a greater or lesser extent. Articles tagged with M1 use patent data counts, which can be number of patents, number and name of assignees, number and name of inventors, number of citations in a certain domain or in relation to a certain technology. Methods that fall under M2 are often a bit more “sophisticated” in that they apply for example IPC (International Patent Classification) codes and patent claims to assess the scope of patents. M3 methods make use of patent data such as patent citations to analyze relationships between patents and their contents. Besides citation data, inventor information (name and nationality) and IPC codes, can also be used to map relationships for different objectives described above. It is important to point out that the method used here for the overall literature review is exploratory. Furthermore we will not attempt to analyze any possible correlations between the objectives (B, P and L) and the methods (M1, M2 and M3). In the figure below the codes and a short explanation of them are outlined. 6 Code P Explanation Investigate trends to understand a phenomena, which involve: regulation of an industry, growth of a technology, industry, sector allocation of resources collaboration between different inventors or entities research and innovation policy Investigate competition, acquisition, freedom to operate issues Has to do with patent scope, patentability (also freedom to operate) Methods focused on patent count, number of patents, number of assignees, quantitative in nature, Methods focused on patent content/scope "using more intelligence", patents connected to technology, IPC analysis Methods focused on the relationship between patents (patent content, inventors, IPC classes etc etc) B L M1 M2 M3 Limitations with method We recognize that there are some limitations with our methodology. First of all, we limited our search to one database (i.e. Scopus). We based this decision on an earlier test search of four different sources (i.e. Scopus, Pubmed and Compendex and Nature.com). When applying the search terms “patent landscape” or “intellectual property landscape” in the topic field, title or abstract of these sources, we realized a definitive overlap between the sources. Thus our conclusion was to use the database which gave us the best results in terms of coverage. Secondly, we chose to look at articles published both in the peer-reviewed and non-peer reviewed literature. We did this since we wanted to capture evidence of use of the patent landscaping tools developed by practitioners. In addition, our search covered the period between the year 2000 and 2010. Specifically we were interested to see how patent landscaping methods have been applied in a relatively current time frame. Also, since the study by Lai et al. (2007) covered a time period from 1980-2003, we were curious to apply our search between 2000 and 2010. In the sample, there were several articles found that lacked a detailed explanation of the method used for patent landscaping (Phukan 2010), which we decided to include to give a complete view of the literature in the field. 3. Definition of keywords When it comes to the term patent landscaping and related keywords it is clear that the literature does not provide a single standardized definition. Rather, through the literature review, new 7 related patent landscaping terms such as patent intelligence, patentometrics and patent bibliometrics emerge. (Lo 2007) use the latter term for “when patent data is used for bibliometrics methods including citation analysis”. From the results of our literature search and also looking at other sources such as some Patent Offices (i.e. EPO, WIPO, JPO), it appears that the original keywords applied in the search are defined in many different ways. For example, (Palazzoli 2009; Palazzoli 2010) recognizes that “patents provide an opportunity to construct an IP and a technological development strategy”. He defines patent landscapes as the results of patent database searches. Palazzoli further characterizes the use of patent landscapes into two separate levels, where the first level focuses on the bibliographic patent information such as publication number and date, priority data, applicants and inventors. The second level makes use of information in the claims and in the description or specification of the invention itself. According to Palazzoli (2009), a patent landscape generated through the first level, can facilitate identification of leading players in a certain sector or market and track patent application trends over time, while a patent landscape of the second level can provide insights on how to circumvent competitors’ claims and thereby pave way for the development of a technology without risking to infringe competitors’ patents. (Suh 2006) elaborate on the term patent map in the following way “In patent documents, structured items mean they are uniform in semantics and in format across patents such as patent number, filing date, or investors. On the other hand, the unstructured ones represent free texts that are quite different in length and content for each patent such as claims, abstracts, or descriptions of the invention. The visualized analysis results of the former items are called patent graphs and those of the later are called patent maps, although loosely patent maps may refer to both cases…” In a similar way (Yang 2010) defines patent landscape analysis as “a state-of-the-art [patent] search that provides graphic representations of information from search results”. The European Patent Office states that patent mapping “is essentially the visualisation of the results of statistical analyses and text mining processes applied to patent documents.” The World Intellectual Property Organisation (WIPO, 2003) defines a patent map in the following way: “A patent map is the visualized expression of total patent analysis results to understand complex patent information easily and effectively.” Of the examples above, only Palazzoli relates the term patent landscape to a practical use. The other examples here give a very generic definition for patent landscaping/patent landscape or related keyword. In the literature sample, very few thorough definitions of the keywords are given. It appears a definition that incorporates both a conceptual and methodological dimension is needed. In order to arrive at such a definition more empirical evidence is needed as suggested in the introduction. However, the literature review conducted here gives some clues to a definition for patent landscaping. In line with the brief explanation given in section 3, we define patent landscaping as a set of methods that use patent data to investigate the distribution and the relationships of exclusive rights in a given domain. In this way, we allow for different types of patent data such as inventors, patents, IPC codes etc to be used to investigate the distribution and the relationships of monopoly rights in a certain technology domain, in a company, in a sector, in 8 a region or in a country. This definition is broad enough to give way to a framework based on both quantitative and qualitative empery. Moreover, the levels presented above by Palazzoli (2009) as well as the different attempts by other scholars to define patent landscaping, whether conceptual or more technical (e.g. visualization, use of semantics, statistics etc) can be included in our definition. Because the use of patent landscaping methods to a large extent is multidisciplinary, it is essential to allow for economical, legal and technical dimensions in the definition. 4. Results a. General observations Since our data set contains publications of many different fields, we tried to base our core analysis on the objectives and the methods applied in the articles. Before going into the details of those two parameters, a few general observations about the data can be made. Firstly, the top 6 journals in our dataset include Scientometrics, World Patent Information, Technovation and Research Policy (see figure 2). Secondly, the development of number of journals based on the fifteen keywords used to retrieve our data is illustrated in figure 3 (to be inserted). It appears that there has been a slight increase/decrease with regards to number of articles over the decade investigated. In addition, it would be interesting to follow the different journals over the time, clustered based on the different keywords. Thirdly, the authors’ background were divided into whether they had an academic (A) or practice affiliation (P). In figure 4, it is clear that the majority of the articles in our sample are written by academic scholars. In order to assess any author related trends, it could be interesting to further subcategorize the articles to reflect the composition of author backgrounds in relation to technological/business field, objective and methods used in articles. Fourthly, the majority of the databases used for patent landscaping in our data set are publically available databases such as the databases available with the USPTO (United States Patent and Trademark Office) and the EPO (European Patent Office). In figure 5 an overview of all patent databases used in the articles are given categorized as “primary” and “secondary” databases. Primary patent databases are those developed by different PTOs (patent and trademark offices), while secondary patent databases contain data specifically collected by for research purposes or for commercial purposes (e.g. NBER, Innography, Delphion). The secondary databases build on the primary ones and often have “customer-friendly” technology such as visualization features. b. Objectives and methods for patent landscaping As outlined briefly in the method section above, the objectives were grouped according to whether the article emphasized a policy, business or legal related issue. It is important to point out that what we mean by policy here is more of a general term for topics that deal with policy or strategy related to R&D and innovation management in the public and the private sector. The results from the analysis of these articles show that articles given the objective code P dominate 9 the sample, while articles that deal with legal related issues are in minority. In figure 5, the number of times the codes P, B and L are occurring are listed. To a certain extent this reflects the “number of P-related, B-related and L-related articles”. However, because several articles in the sample are characterized by more than one code, the sum of the numbers in figure 3 is naturally larger than the overall sample. The same is true for the methods categorized as M1, M2 and M3. M1 is the most frequent occurring method code (see figure 4). When it comes to investigating the details of the objectives and methods of the sample, the articles in our dataset analyze patent data from the perspective of scientific or technological domains, firms, industries or countries. The different tags or codes for the objectives and methods presented above may be useful for all of these perspectives. For example, the method tag M1 (i.e. methods to conduct patent counts) can be applied to many different fields or entities. A simple patent count can be used for business (B) or policy (P) reasons. Actually, a patent search, preceding a patent count is often the starting point for all of the objectives including the L-tagged articles. The articles that “stand out” in the sample are those tagged with L and focus on examining the extent of patent protection a certain technology has compared to other similar patent technologies or non-patented technologies (Kowalski 2002; Mouttet 2007; Hayman 2009; Schmees 2009). The P tagged articles are the broadest in terms of what topics or objectives are presented. For example many articles use historical patent data to answer a question, ranging from for example the study of the contribution of the respective role of GB corporate and independent innovators since 1950 (Spear 2006) to analyzing research trends in a specific scientific domain (Sekar 2008) Other articles are concerned about answering questions in relation to regulatory changes in an industry (Pilkington 2002). B-tagged articles share objectives that include the comparison of patent portfolios of two different companies (Lee 2006), the investigation of factors that influence patenting in companies of a certain size in a certain domain (Olsson 2000) or the examination of innovation strategies between innovative firms in a certain industry (Storto 2007). Since the same method (e.g. M1) can be applied in articles of different objectives, it can sometimes be difficult to label articles that are more “business” oriented versus those that are more policy focused. A simplification of the quite extensive material covered here (ca 300 articles) would be to suggest the B-tagged articles are trying to answer questions on “what goes on in a company”, while P-tagged articles are trying to answer questions on “what goes on in an industry, between industries, in a country or between countries” and L-tagged articles answers question regarding patent scope. Certain articles cover all objectives and serve as a basis for policy, business and legal discussions (Jensen and Murray 2005; Bergman 2007; Huys 2009; Chi-Ham 2010). The method codes are slightly easier to distinguish compared to the objective codes. As described above and unnecessary to repeat in detail, the M1, M2 and M3 represent methods that 10 use patent data at different “levels of sophistication”. Here, we have not gone into the details of the tools and exact steps taken in the data set. It could, however, be valuable to empirically test and compare a group of methods that would fall under each category (M1, M2 and M3). Also, in our relatively simple categorization we have not included methods that use algorithms that extract information from patent documents beyond patent data such as patent number, assignee and inventor name. There are methods that are able to extract text found in the patent title, abstract, specification or claims (Storto 2007; Suh 2009). Also, there are databases that allow for search of molecular and chemical structures, which requires yet other approaches for analysis (Rhodes J 2007). An extensive investigation of the different databases that can be used for patent search and analysis could give more information on the breadth and development of the field of patent landscaping (beyond the scope of this article). 5. Conclusion The objective with this article was to review the literature published in the field of patent landscaping in the last decade. Clearly the topic of patent landscaping is broad and has not been fully defined, analyzed and translated into an understandable framework that can be used by scholars, business managers and policy makers alike. This article is a first step to bring some order to the topic of patent landscaping. By categorizing the literature into objectives and methods, we pave way for more in-depth analysis of the field. For example, future research might wish to attempt to analyze any possible correlations between the objectives (B, P and L) and the methods (M1, M2 and M3). In addition, the results obtained through this literature search only gives us a hint into the practical use and perspectives of patent landscaping and leaves us with central questions with regards to stakeholders’ practical experiences and demands for patent landscaping, whether they come from academia, industry or government. In order to bring this field forward it might be relevant to conduct empirical studies that address the following questions: 1) What tools of patent landscaping are used by different stakeholders (both patent specialists and non-patent specialists) in practice? 2) What issues are stakeholders trying to solve or decide on based on patent landscaping? and 3) Who should develop conceptual and methodological standards for patent landscaping in the future? As discussed in this article, patent data – a vast and ever increasing information pool rich in technical and legal terminology - offer analysis opportunities in both science and technology. At the same time, it is important to make sure patent data is used in a reliable and representative manner. Therefore, patent landscaping that considers the multifaceted needs of its current and potential users would bring this fragmented field en route towards a solid and easy-to-apply framework. 11 Figures will be updated. Journal No of articles World Patent Information Expert Opinion on Therapeutic Patents Scientometrics Technological Forecasting and Social Change Nanotechnology Law and Business Research Policy Technovation Journal of Nanoparticle Research Nature Biotechnology 25 16 15 11 7 7 7 6 6 Figure 2 Distribution of articles per journal (top 6) INSERT FIGURE ON JOURNAL DEVELOPMENT OVER TIME Number of Number of articles in articles in sample sample where first where first author author can be can be identified identified as a as an academic (A) practitioner (P) 43 15 Figure 3 The distribution of articles in dataset, where first author can be identified as academic (A) or practitioner (P) 12 Primary patent databases Secondary patent databases USPTO WIPS EPO SPRU JPO PatentScope CIPRO Thomson Derwent Spanish PTO Prous Integrity database Gazette of India (Indian PTO)Google Patents UK Patents and Design Journal FreePatentsOnline Micropat Technology Information Forecasting and Assessment Council for Indian Patent Aureka ThemeScape Software FOCUST-J Derwent Innovation Index WEBPAT EPOLINE STN International Derwent Patent Index Figure 4 The patent databases used in the articles. The majority of the authors have used the USPTO as a basis for their patent landscaping methods. Objectives Business Policy Legal Number of times occuring in dataset 34 54 29 Figure 5 The number of times articles with the different objective codes appear in the sample. Methods Number of times occuring in dataset M1 48 M2 28 M3 21 Figure 6 The number of times articles with different method codes appear in the sample. 13 References Alencar, M. S. M., Porter, A.L., Antunes, A.M.S. (2007). "Nanopatenting patterns in relation to product life cycle." Technological Forecasting & Social Change 74: 1661-1680. Archibugi, D. and M. Planta (1996). "Measuring technological change through patents and innovation surveys." Technovation 16(9): 451-468. B.P. Abraham, a. S. D. M. (2001). "Innovation assessment through patent analysis." Technovation 21: 245-252. Barrett, S. (2005). "Patent analysis identifies trends in fuel cell R&D." Fuel Cells Bulletin. Basberg, B. L. (1987). 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