Patents and Supra‐Competitive Prices: Evidence From Consumer Products

ABSTRACT A patent system is a central tool in innovation policy. The prospect of monopolistic pricing supposedly encourages firms to innovate. However, there is scant empirical evidence supporting the existence of higher markups for patent‐protected products. Using an original dataset that links consumer products to the patents that protect them, we study the impact of patent protection on product prices. Exploiting exogenous variations in patent status, we find that a loss of patent protection leads to an 8%–10% drop in product prices. The price drop is larger for more important patents and is more pronounced in more competitive product markets.

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Publication Details

Journal
Journal of Empirical Legal Studies
Published
2026-03-26
DOI
https://doi.org/10.1111/jels.70028
Primary Topic
Intellectual Property and Patents
Type
article
Field-Weighted Citation Impact
0.00
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article

Patents and Supra‐Competitive Prices: Evidence From Consumer Products

Ling Zhou, Gaétan de Rassenfosse
Journal of Empirical Legal Studies
Intellectual Property and Patents
article

Patents and Supra‐Competitive Prices: Evidence From Consumer Products

Ling Zhou, Gaétan de Rassenfosse
article en

Abstract

ABSTRACT A patent system is a central tool in innovation policy. The prospect of monopolistic pricing supposedly encourages firms to innovate. However, there is scant empirical evidence supporting the existence of higher markups for patent‐protected products. Using an original dataset that links consumer products to the patents that protect them, we study the impact of patent protection on product prices. Exploiting exogenous variations in patent status, we find that a loss of patent protection leads to an 8%–10% drop in product prices. The price drop is larger for more important patents and is more pronounced in more competitive product markets.

Journal of Empirical Legal Studies
ECO Environmental Investments (China) (CN), École Polytechnique Fédérale de Lausanne (CH)
Industry, innovation and infrastructure
Openalex Percentile: Top 5%
Intellectual Property and Patents
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