The Political Economy of Voluntary Standard Setting

 

Patents and the Performance of Voluntary Standard Setting Organizations (with Marc Rysman)

 

This paper measures the technological significance of voluntary standard setting organizations (SSOs) by examining citations to patents disclosed in the standard setting process. We find that SSO patents are cited far more frequently than a set of control patents, and that SSO patents receive citations for a much longer period of time. Furthermore, we find a significant correlation between citation and the disclosure of a patent to an SSO, which may imply a marginal impact of disclosure. These results provide the first empirical look at patents disclosed to SSOs, and show that these organizations not only select important technologies, but may also play a role in establishing their significance.

 

 

Standard Setting Committees

 

Voluntary Standards Setting Organizations (SSOs) are often instrumental in creating compatibility standards for technology markets with strong network effects. However, practitioners and policy makers have expressed concern that the committee decision-making process used by SSOs is increasingly “politicized” and perhaps incapable of producing a timely consensus. This paper considers the problem of strategic maneuvering within SSOs. Specifically, I develop a model of “design by committee” and test it using data from the Internet Engineering Task Force (IETF)—an SSO that produces many of the computer networking standards used to operate the Internet. The empirical results suggest that an observed slowdown in IETF standards production between 1993 and 2003 can be linked to distributional conflicts created by the increasing commercialization of the Internet during that time period.

 

 

            Choosing the Rules for Consensus Standardization (with Joe Farrell)

 

Consensus standardization—explicit agreement on compatibility standards—is marred by severe delays. We explore tradeoffs between speed and the quality of outcomes in a private-information model of the war of attrition. In this model, the consensus process can be excessively slow—even on an optimistic view of its quality-selection merits. However, we find that adding “vendor neutral” players can mitigate the tradeoff between screening and delay. We also show that intellectual property policies designed to reduce vested interest, and hence delays, do not necessarily weaken the players' incentive to innovate.

 

 

            Competing on Standards? Entrepreneurship, Intellectual Property and Platform Technologies (with Stuart Graham and Maryann Feldman)

 

This paper studies the intellectual property strategy of firms that participate in the formal standards process. Specifically, we examine litigation rates in a sample of patents disclosed to thirteen voluntary Standard Setting Organizations (SSOs). We find that SSO patents have a relatively high litigation rate, and that SSO patents assigned to small firms are litigated more often than those of large publicly-traded firms. We also estimate a series of difference-in-differences models and find that small-firm litigation rates increase following a patent's disclosure to an SSO while those of large firms remain unchanged or decline. We interpret this result as evidence of a "platform paradox" -- while small entrepreneurial firms rely on open standards to lower the fixed cost of innovation, these firms are also more likely to pursue an aggressive IP strategy that may undermine the openness of a new standard.

 

 

A NAASTy Alternative to RAND Pricing Commitments (with Marc Rysman)

 

Voluntary standard setting organizations typically require participants to disclose their patents during the standard-setting process, and will only endorse a standard if patent holders commit to license them on “reasonable and non-discriminatory” or RAND terms. We argue that this policy is unworkable—the RAND standard is inherently ambiguous and thus extremely hard to adjudicate. As an alternative, we propose a policy of Non-Assertion After Specified Time, or NAAST pricing. Under our proposal, technology producers would be compensated, vendors would have access to standards and uncertainty due to litigation would be largely eliminated.

 

 

Explaining the Increase in Intellectual Property Disclosure (“The Standards Edge, vol. 3”)

 

This short book chapter documents a large and rather sudden increase in intellectual property disclosure at nine standard setting organizations during the early 1990s. It also examines the specificity of disclosure statements, the significance of disclosed patents, and the differences between disclosing firms. After considering several possible explanations for the increase in disclosure, the paper concludes with a discussion its policy implications.

 

 

Open Standards and Intellectual Property Rights (“Open Innovation: Researching a New Paradigm” OUP)

 

This is a book chapter that explores the tension between collaboration and competition in the non-market standard setting process—with particular emphasis on the role of intellectual property rights. The chapter develops a simple framework that emphasizes the distinction between standards, implementations, and products. The framework is used to explore a number of factors that influence the efficiency of the standards developing process. I also develop a simple taxonomy of “IPR strategies” for standard setting and close with a discussion of the ongoing policy debates about the hold-up problems created by IPR in standards.

 

 

 

Other Projects

 

Identifying the Age Profile of Patent Citations: New Estimates of Knowledge Diffusion (with Aditi Mehta and Marc Rysman)

 

A growing body of research uses patent citations to analyze economic phenomena, and many of these papers are interested in the distribution of citations over the life of a patent. However, this question leads directly to the age-year-cohort identification problem, i.e. co-linearity between the birth year, citation year, and "age" of a patent. Existing research has relied on functional form assumptions to separate these three effects. This paper proposes an alternative non-parametric identification strategy which uses the lag between application and grant as a source of exogenous variation. We provide statistical evidence to support our assumption that the "citation clock" should not start ticking until a patent actually issues, and we examine the potential bias introduced by our method if the lag between application and grant is correlated with citation levels. Finally, we use our proposed identification strategy to re-examine some prior results on the citation age profile of patents from different technological fields and application-year cohorts.

 

 

What’s in A Missing Name? Status and Signaling in Open Standards Development (with David Waguespack)

 

How much are we influenced by an author's identity? If identity matters, is it because we have a “taste for status” or because it offers a useful shortcut -- a signal that is correlated with the likely importance of their ideas? This paper presents evidence from a natural experiment that took place at the Internet Engineering Task Force (IETF) -- a community of engineers and computer scientists who develop the protocols used to run the Internet. The results suggest that IETF participants use authors’ identity as a signal or filter, paying more attention to proposals from high-status authors, and this has a surprisingly large impact on publication outcomes. There is little evidence of a \taste" for status.

 

 

Related Diversification and Outsourcing in the Taxicab Industry (with Evan Rawley)

 

This paper studies how firms reorganize after diversifying into related businesses. Specifically, we propose that outsourcing is one way to reduce the coordination costs that arise in multidivisional firms. We, also, examine the mechanisms underlying coordination costs, and show how alternative theories lead to contrasting predictions about the link between diversification and outsourcing. We test these propositions using novel micro-data on taxicab and limousine firms from the Economic Census. The results show that taxicab fleets outsource, by shifting ownership of taxicabs to drivers, when they diversify into the limousine business. Moreover, the magnitude of the shift toward driver ownership is larger for firms in less urban markets, where the tasks of taxicab and limousine drivers are similar, but compensation systems differ. These findings suggest that firms use outsourcing to mitigate coordination costs associated with related diversification, particularly when employees in different divisions have heterogeneous incentives or ability but perform similar tasks.

 

 

Disease Management: Helping Patients (Who Don’t) Help Themselves (with Paul Gertler)

 

Chronically ill patients currently consume a significant share of the U.S. health system's resources and are a rapidly growing segment of the overall population. Disease Management (DM) programs identify high-risk patients among the chronically ill, encourage them to take better care of themselves, and help coordinate the care they receive from various providers. This paper examines the impact of a diabetes Disease Management program. We find that it led to increased compliance with clinical practice guidelines, improvements in patient health, and significant reductions in the total cost of care. The financial benefits are greater for patients lacking “self control” prior to enrolment, as indicated by their failure to comply with generally accepted clinical practice guidelines. These results are especially important for the Medicare program, which has the majority of the chronically ill as beneficiaries.

 

 

Stata Code

 

Stata Code for Robust Standard Errors in the Fixed Effects Poisson Model (in Stata type “ssc install xtpqml”)

 

Wooldridge (JOE 1999) shows that the fixed effects Poisson estimator produces consistent estimates of the parameters in an unobserved components multiplicative panel data model under very general conditions. In fact, all that is required is an assumption about the conditional mean of the dependent variable. This is quite useful for two reasons. First, it implies that fixed effects Poisson estimation is appropriate for any non-negative dependent variable—not just count data that follow a Poisson distribution. Second, the estimator is robust to arbitrary patterns of serial correlation. In spite of these obvious attractions, the fixed-effect Poisson estimator does not appear to be widely used in practice. This is partly because statistical software does not generally allow computation of the appropriate (robust) standard errors for inference. This ado file runs Stata’s pre-packaged fixed effects Poisson estimator and then computes the robust standard errors suggested by Wooldridge (1999).

 

Stata Code for Multinomial Agglomeration/Dispersion Test

 

Testing for agglomeration and/or dispersion has become a popular thing to do. One popular test is the “dartboard index” proposed by Ellison and Glaeser (1998). Another is the Multinomial test for agglomeration and dispersion proposed by Rysman and Greenstein (2003). Since neither of these appears to be available in an “easy to use” implementation, I have written a Stat ado file that implements the latter. This code is still in Beta testing… use at your own risk!