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Intellectual Property Rights and Debt Financing

Paula Suh

The Review of Financial Studies · 2023 · Volume 36 · Issue 5

DOI: 10.1093/rfs/hhac067

Abstract

I examine how the investment and financing of innovation are affected by the contractual allocation of intellectual property rights using a Federal Circuit ruling that strengthened firms’ property rights to employee patents. I find that treatment firms’ total debt-to-assets ratio and R&D spending increase by 18% and 9%, respectively, as the residual control over patents increases firms’ incentives to innovate. These effects are more pronounced when ex ante holdup exposure is high. Furthermore, I find a positive marginal effect of asset complementarity as it limits the decline in employee incentives. Consistently, I show that firms’ ex post asset complementarity improves. Authors have furnished an Internet Appendix , which is available on the Oxford University Press Web site next to the link to the final published paper online.

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