The effect of patents on trade

In contrast with quotas and tariffs, it is theoretically ambiguous whether fewer (or ‘weaker’) rules over intellectual property rights will increase or decrease trade in patentable goods. The prevailing view is that anticipation of imitation reduces exporters’ incentive to export goods to jurisdictions with ‘weak’ patent regimes. This empirical paper uses new measures of how the destination-country patent system can affect trade. In contrast with existing studies which assume would-be exporters can always get a patent in the target foreign market, we construct measures of the bias against foreign patent applicants and patents which may block imported goods. We find evidence that the patent system affects international trade flows primarily by blocking the would-be exporter’s right to lawfully sell their inventive goods but in a smaller way by influencing whether or not rival firms can legitimately imitate the invention.