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				<dc:title>
					Cumulative Innovation with Imperfect Information: The Problem of Hold-Up
				</dc:title>
				<dc:creator>Rufus Pollock</dc:creator>
				<dct:created>2005-10-24</dct:created>
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	<h1>
		Cumulative Innovation with Imperfect Information: The Hold-Up Problem
	</h1>
	
	<st:TableOfContents />
	
	<st:Abstract>
	<st:Section>
		<p>
			Keywords: Innovation, Imperfect Information, Transaction Costs, Patents, Intellectual Property, Competition
		</p>
		<p>
			An extensive literature on cumulative innovation (both two-stage and continuous) has grown up over the last decade. This has brought new insight to the understanding of innovation as well as to the design of innovation policy, especially intellectual property. A central feature of this new literature is the importance of licensing in sharing rents between innovators at different stages and assumptions about this licensing and the point at which it occurs have a large impact on optimal policy. This paper introduces a model of cumulative innovation with imperfect information and explores the consequences for licensing and policy, particularly for the allocation of monopoly rights such as patents. We show that because uncertainty combined with patentability (taken as exclusion rights over second generation products) can result in fewer second generation products it may be optimal to have no patents at all even though this reduces returns for first generation innovators.
		</p>
	</st:Section>
	</st:Abstract>
	
	<st:Section>
		<h2>
			Introduction
		</h2>
		<p>
			Cumulative innovation, whereby new ideas build upon old, is a pervasive phenomenon. However it was not until recently that it received significant attention in the literature. The seminal paper in this regard was that of Green and Scotchmer <te:Cite refId="green_ea_1995" />. They introduced a two-stage innovation model in which the second innovation is enabled or builds upon the first. Their paper primarily concerns itself with how rents are divided between innovators at the two stages, and particularly with the extent to which the first innovator is (under-)compensated for her contribution (the option value) to the second innovation. They investigate how different policy levers related to IP rights, in particular breadth<te:FootNote>
				An IP monopoly right such as a patent or a copyright confers the right to exclude not simply direct copies but also products that are sufficiently similar. The term lagging/leading breath are often used to denote the space of inferior/superior (respectively) products that are excluded by the patent/copyright (i.e. taken as infringing the monopoly).
			</te:FootNote>, could be used to affect the bargaining (or its absence) between different innovators and hence the resulting payoffs.
		</p>
		<p>
			A central feature of their model, as well as subsequent work that extended it in various directions, was an assumption that knowledge of costs and returns, whether deterministic or stochastic, was shared equally by innovators at different stages (i.e. was common knowledge). With common knowledge all mutually beneficial licenses are concluded, using ex ante licenses to avoid the possibility of hold-up of second-stage innovators.
		</p>
		<p>
			However this assumption is problematic. If all innovators share the same information why do we need different innovators at first and second stages and why concern ourselves with licenses and bargaining if a single innovator could just as easily do it all? The answer is that this assumption is wrong, something obvious following even a cursory observation of reality: many different firms engage in innovation precisly because they have specialized skills and knowledge that make it effective for them rather than another firm to engage in a given area. This contention is backed up by empirical data and substantial anecdotal<te:FootNote>
				See <te:Cite refId="hall_ea_2001" /> as well as Microsoft's dispute regarding Expedia and infamous Amazon one-click patent
			</te:FootNote> evidence. For example Ananad and Khanna (2000) demonstrate that most licensing agreements are concluded ex post and not ex ante (for example, in the computer and electronic industries which are well known for the cumulativeness of their innovation, ex ante agreements for only 5 or 6% of all agreements).
		</p>
		<p>
			Thus in this paper we investigate cumulative innovation under asymmetric information, for example where the first-stage innovator only has a probabilistic prior over the second-stage innovator's cost/values but the second-stage innovator knows them precisely<te:FootNote>
				Of course for consistencey the collective distribution of the values/costs of all second stage innovators should correspond to the prior of the first innovator
			</te:FootNote>. This allows us to investigate hold-up: a situation whereby second stage innovations are held-up (prevented or delayed) by the first stage innovator. In such circumstances the policy choice, in its crudest form, is between patents (second stage innovations infringe and must license) against no patents (second stage innovations do not infringe).
		</p>
		<p>
			This approach adds another dimension to the question of how profit is divided between innovators at different stages. Seen in this light it also has analogies with existing results where the question of whether second stage innovations should be infringing (I) or non-infringing (NI).
		</p>
		<p>
			For example Green and Scotchmer consider explicitly the situation where the value of the second innovation is only known in terms of a probability distribution and show that in such circumstances 'breadth' should be finite. This corresponds to having at least some 2nd stage innovations non-infringing. Denicolo <te:Cite refId="denicolo_2000" /> extends Green and Scothmer's model with patent races at each stage and finds that in some circumstances it will be better to make second stage innovations non-infringing (in this model one trades off faster second stage innovation with non-infringement against faster first stage innovation when there is infringement).
		</p>
		<p>
			A model much closer to the basic one presented here is provided by Bessen <te:Cite refId="bessen_2004" />. His paper also considers holdup of second stage products or innovations by first stage innovators. However in his model the focus is primarily on whether ex ante or ex post licensing occurs. He assumes that ex post royalty shares are determined exogenously -- perhaps as a policy variable or determined by invent-around costs and other factors -- and shows that the socially optimal ex post royalty share is less than that obtained in ex ante bargaining.
		</p>
		<p>
			Our model corresponds to a situation where the exogenous royalty shares (as defined in Bessen's paper) are either 100% (patents) or 0% (no patents) and thus all bargaining is ex ante when there are patents and no bargaining at all when there are no patents. Furthermore by taking a different, more specific, approach we are able to derive a more precise trade-off between the costs of patents in terms of hold-up and their benefits in transferring value to first stage innovators.
		</p>
	</st:Section>
	
	<st:Section>
		<h2>
			2-Stage Cumulative Innovation Model With Imperfect Information
		</h2>
		<st:Section>
			<h3>
				Setup
			</h3>
			<p>
				We adopt a simple model of two stage innovation in which the second product can be considered an <q>application</q> of the first innovation, that is a product that incorporates the first innovation.
			</p>
			<p>
				Innovations are described by a tuple <te:Math>(v,c)</te:Math> where <te:Math>v</te:Math> denotes the value of the innovation and <te:Math>c</te:Math> the cost. Because our interest lies in examining the trade-off between innovation at different stages we make no distinction between social and private value (i.e. there are no deadweight losses) so <te:Math>v</te:Math> may be either.
			</p>
			<p>
				We assume the base (first) innovation is given by <te:Math>(v_{0}, c_{0})</te:Math>. Applications (2nd stage innovations) have common, known, value <te:Math>v</te:Math> but the cost is only known to the innovator and takes one of 2 values, high or low:  <te:Math>c_{H} > c_{L}</te:Math> with probability <te:Math>p, (1-p)</te:Math> respectively.
			</p>
			
			<st:Section>
				<h3>
					Monopoly Rights and Licensing
				</h3>
				<p>
					We wish to consider two regimes: one with monopoly rights (M) and one without (NM). With monopoly rights every second stage innovator will require a license from the first stage one in order to market her product, while without monopoly rights she may market freely without payment or licence.
				</p>
				<p>
					We assume that the direct returns to the first innovator (<te:Math>v_{0}</te:Math>) are unaffected by the monopoly rights regime. While this may appear to be a strong assumption, our focus in this paper is on the division of rents between first and second stage innovators and we therefore believe that little is lost by this simplication.
				</p>
				<p>
					We take the license to define a lump-sum royalty payment <te:Math>r</te:Math>. (An alternative would be to take <te:Math>r</te:Math> as a royalty <em>rate</em> so that payment would be <te:Math>r v</te:Math>, however since <te:Math>v</te:Math> is known it makes no difference which approach we take and the lump-sum one is simpler). Since differences in costs are unobservable both application types (high and low cost) must face the same royalty level.
				</p> 
			</st:Section>
			
			<st:Section>
				<h3>
					Sequence of Actions
				</h3>
				<p>
					Thus the sequence of actions in the model is:
				</p>
				<ol>
					<li>
						Nature moves determining whether a second-stage innovator is high or low cost
					</li>
					<li>
						The first stage innovator sets the royalty rate
					</li>
					<li>
						Given this royalty rate second stage firms decide whether to invest
					</li>
				</ol>
			</st:Section>
				
		</st:Section>
	
		<st:Section>
			<h3>
				Solving
			</h3>
			<p>
				A second-stage innovator of type X faces a payoff of <te:Math>v - r - c_{X}, (X = H, L)</te:Math> if she invests and 0 if she does not. Given this a second-stage innovator will only invest if <te:Math>r \leq v - c_{X}</te:Math>. Given this the first innovator faces a straightforward selection/pooling problem with a choice between a low royalty rate <te:Math>r_{L} = v - c_{H}</te:Math> (all applications produced) or a high royalty rate <te:Math>r_{H} = v - c_{L}</te:Math> (only low cost applications produced). If there are N possible applications then these result in expected payoffs for the first stage innovator of respectively:
			</p>
			<te:Eqn>
				<te:EqnLine>
					N (v - c_{H})
				</te:EqnLine>
				<te:EqnLine>
					N (1-p) (v - c_{L})
				</te:EqnLine>
			</te:Eqn>
			<p>
				Rearranging we have a low royalty rate is chosen if:
			</p>
			<te:Eqn>
				<te:EqnLine>
					p r_{L} > (1-p)(r_{H} - r_{L}) \iff p > 1 - \frac{v-c_{H}}{v-c_{L}} \equiv \alpha
				</te:EqnLine>
			</te:Eqn>
			<p>
				Intuitively: the extra revenue from high cost producers (LHS) when you have a low royalty must be greater than the revenue foregone (compared to high royalty regime) from low cost producers. Let us denote the low royalty situation RL and the high royalty situation RH.
			</p>
		</st:Section>
			
		<st:Section>
			<h3>
				Welfare
			</h3>
			<p>
				To determine welfare we need to know the 'trade-off' between first and second stage innovations that occurs when revenue is allocated from one to the other (for example by licensing). We already know licensing affects second stage innovators but we need to specify the revenue received helps first stage innovators.
			</p>
			<p>
				We model this in the following, simple, way: without revenue from second stage innovations a proportion <te:Math>q</te:Math> of first stage innovations are not produced. We will term these <te:Math>q</te:Math> first-stage innovations that are not produced high cost and assume an average cost level of <te:Math>c_{0}^{H}</te:Math>.  The remaining innovations which are produced irrespective of whether revenue is received will be termed low cost and have average cost <te:Math>c_{0}^{L}</te:Math>.
			</p>
			<p>
				Let us now consider social welfare in the four possible situations given by (M, RL), (M, RH), (NM, RL), (M,RH). Note that due to our earlier assumption welfare is determined by calculating total profits (revenue - costs). Let <te:Math>c_{0} = q c_{0}^{H} + (1-q) c_{0}^{L}</te:Math> be average first stage innovator costs (if all innovate) and <te:Math>c = p c_{H} + (1-p) c_{L}</te:Math> average second stage innovator costs (if all innovate).
			</p>
			<table>
				<tr>
					<td>
						
					</td>
					<th>
						RL
					</th>
					<th>
						RH
					</th>
				</tr>
				<tr>
					<th>
						M
					</th>
					<td>
						<te:Math>v_{0} - c_{0} + N (v - c)</te:Math>
					</td>
					<td>
						<te:Math>v_{0} - c_{0} + N (1-p) (v - c_{L})</te:Math>
					</td>
				</tr>
				<tr>
					<th>
						NM
					</th>
					<td>
						<te:Math>(1-q)(v_{0} - c_{0}^{L} + N (v - c))</te:Math>
					</td>
					<td>
						<te:Math>(1-q)(v_{0} - c_{0}^{L} + N (v - c))</te:Math>
					</td>
				</tr>
			</table>
		</st:Section>
		<st:Section>
			<h3>
				Optimal Policy
			</h3>
			<p>
				It is immediately clear that in the RL situation a patenting regime is preferable. The reason for this is straightforward: in the RL situation all applications will be produced whether there are patents or not. In that case one wishes to maximize returns to the first innovator and patents do this by transferring rents via licensing.
			</p>
			<p>
				The situation with RH is less clear. Monopoly rights (M) will be preferable to no monopoly rights (NM) if:
			</p>
			<te:Eqn>
				<te:EqnLine>
					 q ( v_{0} - c_{0}^{H}) + q N (1-p)(v-c_{L} ) > (1-q) N p ( v-c_{H} ) 
				</te:EqnLine>
			</te:Eqn>
			<p>
				Recall that:
			</p>
			<te:Eqn>
				<te:EqnLine>
					\alpha = 1 - \frac{ v - c_{H} } { v - c_{L} }
				</te:EqnLine>
			</te:Eqn>
			<p>
				Note also that <te:Math>v_{0} - c_{0}^{H}</te:Math> (which is negative) must be less in absolute terms than the royalty received <te:Math>N (1-p) r_{H}</te:Math> (we are assuming that the royalty enables high cost first stage innovators to produce) so that we may write <te:Math>v_{0} - c_{0}^{H} = -\beta (N (1-p) r_{H}), \beta \in (0,1] </te:Math>.
			</p>
			<p>
				Then we can rewrite this condition as:
			</p>
			<te:Eqn>
				<te:EqnLine>
					 q > \frac{p (1-\alpha)}{-\beta (1-p) + 1 - \alpha p} = \frac{p (1-\alpha)}{1 - \beta + p (\beta - \alpha)}
				</te:EqnLine>
			</te:Eqn>
			<p>
				In the case most favourable to monopoly rights, where <te:Math>\beta \approx 0</te:Math>, we can show the optimal policy regime graphically as follows (recall that we have a low royalty if, and only if <te:Math>p > \alpha</te:Math>):
			</p>
			<img src="optimal_policy_as_function_of_q_and_p.png" alt="Plot of optimal policy as function of q and p" />
			<p>
				<te:Math>N p</te:Math> is the 'number' of second stage innovations that do <strong>not</strong> occur <strong>with</strong> monopoly rights (due to high royalties) while <te:Math>q</te:Math> is the number of first stage innovations that do <strong>not</strong> occur <strong>without</strong> monopoly rights. As first stage innovations enable second stage ones when we lose a first stage innovation we lose all dependent second stage ones as well. Due to this, to choose no monopoly rights over monopoly rights <te:Math>p</te:Math> must be substantially higher (though not too high) relative to <te:Math>q</te:Math>, since only then will the cost of monopoly rights, in terms of lost second stage innovations, outweigh the gains in terms of more first stage, and dependent second-stage, innovations.
			</p>
			<p>
				As <te:Math>\beta</te:Math> increases the area in which no monopoly rights are preferable will increase with the line seperating the two regions moving upwards. In the limit as <te:Math>\beta</te:Math> tends to 1 -- which corresponds to most royalty income being used by a first stage innovator to pay costs -- the marginal <te:Math>q</te:Math> tends to 1 -- i.e. it is optimal to have monopoly rights only if all first stage innovations are of a high cost type.
			</p>
		</st:Section>
	</st:Section>
	
	<st:Section>
		<h2>
			Cumulative Innovation with Sampling Costs
		</h2>
		
		<p>
			This model extends the previous by the introduction of sampling by second stage firms. The idea of this is that second stage firms can only use first stage innovations that they have encountered by some form of costly sampling (for example purchasing a good that embodies the innovation). The more products they sample the more likely it is a second stage firm comes up with a good idea of its own -- which is modelled, in this case, by having a low cost of implementation rather than a high cost.
		</p>
		<p>
			Obvious real-world examples of such situations would be software and music. In software a new 'app' will likely combine many ideas (and even code) from previous products. But ideas can only come from applications that one has encountered (note that for re-use of code that means access to the source so the software must be open-source). In music, particularly modern music, re-use either explicit or implicit is ubiquitous. For example, in dance and hip-hop, 'sampling', whereby a small section of a previous work is directly copied and then repeated or reworked in some manner, is the very basis of the genre. More generally all composers whether classical or modern use previous musical, ideas, motifs, and melodies as parts of new works<te:FootNote>
				Malcolm Gladwell, The New Yorker, 2004-11-22, <em>SOMETHING BORROWED: Should a charge of plagiarism ruin your life?</em>. [[TODO: put in evidence that has been collected on bands such as Oasis and Led Zeppelin]]. See also this <a href="http://www.low-life.fsnet.co.uk/copyright/part3.htm#copyrightinfringement">
				article</a> about sampling in dance and rap music.
			</te:FootNote>
		</p>
		
		
		<st:Section>
			<h4>
				Setup
			</h4>
			<p>
				Define following variables:
			</p>
			<ol>
				<li>
					<te:Math>k</te:Math>, the number of stage 1 products stage 2 firms choose to purchase/observe
				</li>
				<li>
					<te:Math>\tau</te:Math> the cost of each product purchase/observation
				</li>
				<li>
					2 cost types for stage 2 firms, high and low: <te:Math>c_{H}, c_{L}</te:Math>
				</li>
				<li>
					<te:Math>p(k)</te:Math>, probability of being a high cost firm given that you sample k products. Naturally <te:Math>p^{'} \leq 0</te:Math> (otherwise no benefit of observing). We also assume diminishing returns for sampling so that <te:Math>p^{''} \geq 0</te:Math> and that if no sampling takes place all firms are of high cost type (<te:Math>p(0) = 1</te:Math>). The functional form <te:Math>p(k)</te:Math> is assumed to be common knowledge.
				</li>
				<li>
					<te:Math>v</te:Math>, the value of a stage 2 innovation which is assumed to be common knowledge
				</li>
				<li>
					<te:Math>r</te:Math>, the royalty rate set by stage 1 firms
				</li>
				<li>
					<te:Math>n</te:Math>, the number of stage 2 firms who will want to license. This is exogenous in the model as described and so will be normalized to 1.
				</li>
			</ol>
			<p>
				Regarding the sequence of actions the situation is the same as in the original model except for the fact that we now have two options as to when the royalty can be set: either after or before sampling (but as in the original model still before the second stage innovators take their investment decision). Unimaginatively we shall refer to these two cases as royalty-after-sampling and royalty-before-sampling. Here is a diagram illustrating the decision sequence in the case of royalty-after-sampling. The diagram for royalty-before-sampling would only differ in having the royalty choice moved up one step.
			</p>
			<img src="cumulative_innovation_discrete_choice_transaction_costs_game.png" alt="cumulative_innovation_discrete_choice_transaction_costs_game.png" />
			<p>
				These two alternatives lead to quite different outcomes (as we will see below) and we therefore consider them seperately. The royalty-after-sampling is considerably simpler so we consider that first.
			</p>
		</st:Section>
		
		<st:Section>
			<h3>
				Royalty-After-Sampling
			</h3>
			<p>
				We will solve for a subgame perfect nash equilibrium by recursing backwards through the game. Looking at the payoffs at the bottom of the previous diagram we see that the investment decisions by second stage firms are exactly the same as for the original model (this is because sampling costs are sunk and common).
			</p>
			<p>
				Thus once again the first stage firm need only consider two royalty levels: <te:Math>r_{L} = v - c_{H}</te:Math> and <te:Math>r_{H} = v - c_{L}</te:Math>. A first stage firm chooses a low royalty rate over a high one if (to be precise the firm is indifferent when there is equality):
			</p>
			<te:Eqn>
				<te:EqnLine>
					p(k) \geq 1 - \frac{v-c_{H}}{v-c_{L}} \equiv \alpha
					\iff k \leq p^{-1}(\alpha) \equiv k_{\alpha}
				</te:EqnLine>
			</te:Eqn>
			<p>
				Next define <te:Math>k_{2}</te:Math> as the optimal sampling level chosen by a second stage firm when the royalty level is low (the '2' indicates that this is situation where both firms invest). Formally, this is the level of sampling that maximizes the expected payoff to a firm (as a function of the sampling rate):
			</p>
			<te:Eqn>
				<te:EqnLine>
					\Pi(k) = p(k)(v - r_{L} - c_{H} -k\tau) + (1-p(k))(v - r_{L} - c_{L} -k\tau) = - k\tau + (1-p(k))(c_{H}-c_{L})
				</te:EqnLine>
			</te:Eqn>
			<p>
				To find the sampling level that maximizes profits impose the first order condition <te:Math>\Pi^{'}(k) = 0</te:Math><te:FootNote>
					The second order condition, <te:Math>\Pi^{''} \leq 0</te:Math>, is easily checked: <te:Math>\Pi^{''} = -p^{''}(k)(c_{H}-c_{L}) \leq 0</te:Math> since, by assumption, <te:Math>p^{''}(k) \geq 0</te:Math>.
				</te:FootNote> giving:
			</p>
			<te:Eqn>
				<te:EqnLine>
					p^{'}(k_{2}) = \frac{-\tau}{c_{H}-c_{L}}
				</te:EqnLine>
			</te:Eqn>
			<p>
				This is as one would expect: here both firms engage in production and the effect of sampling will be on the cost type (i.e. it will not effect the royalty paid or whether a firm invests). Hence the sampling level will be chosen so that the marginal gain in terms of lower costs (<te:Math>p^{'}(k)(c_{H}-c_{L})</te:Math>) equals the marginal sampling costs (<te:Math>\tau</te:Math>).
			</p>
			<p>
				We are now in a position to state the results. However first we must distinguish between two possibilities regarding knowledge of the sampling level available to first stage innovators. In the first case the first stage innovator does observe the sampling level. In the second case the first stage innovator does not know the sampling level. In what follows we focus on the case where the sampling level is unobserved though the results are little changed when it is observed.
			</p>
			<p>
				<strong>Proposition:</strong> The (perfect bayesian nash) equilibria of the game where second stage innovators play pure strategies are as follows (omitting investment strategy for simplicity):
			</p>
			<ol>
				<li>
					<strong><te:Math>k_{2} \leq k_{\alpha}</te:Math>:</strong> then there is a unique pure-strategy equilibrium given by: first stage innovator chooses high royalty if the sampling level is greater than <te:Math>k_{\alpha}</te:Math> and a low royalty rate otherwise. The second stage innovator chooses sampling level <te:Math>k_{2}</te:Math>
				</li>
				<li>
					<strong><te:Math>k_{2} > k_{\alpha}</te:Math>:</strong> there is a unique equilibrium with second-stage innovators playing pure strategies. This equilibrium consists of: second-stage innovators sample at level <te:Math>k_{\alpha}</te:Math>; first stage innovators choosing a high royalty level if the sampling level is above <te:Math>k_{\alpha}</te:Math>, a low one if it is below and randomizing between a high and low royalty rate if it is equal to <te:Math>k_{\alpha}</te:Math> (the exact probabilities involved are defined below).
				</li>
			</ol>
			<p>
				<strong>Proof:</strong> We are restricting to the case where second stage innovators choose pure strategies (allowing mixed strategies yield similar results but complicate the algebra).
			</p>
			<p>
				A first stage innovator through dominance is restricted to playing a mixed strategy consisting of <te:Math>r_{H}, r_{L}</te:Math>. Let us suppose that she plays these with probability <te:Math>x, 1-x</te:Math>. Revenue is then:
			</p>
			<te:Eqn>
				<te:EqnLine>
					r_{L}(1-x) + (1-(p(k)))r_{H} x = r_{L} + x ((1-(p(k)))r_{H} - r_{L})
				</te:EqnLine>
			</te:Eqn>
			<p>
				Maximizing revenue requires <te:Math>x = 0</te:Math> if the term in brackets is less than zero, <te:Math>x = 1</te:Math> if the term in brackets is greater than 0, and allows any value of x if the term in brackets is zero. By the definition of <te:Math>k_{\alpha}</te:Math> (see above) these conditions correspond to the sampling level being less than, greater than or equal to <te:Math>k_{\alpha}</te:Math>.
			</p>
			<p>
				Turning to second stage innovators. Payoffs as a function of the royalty level are as follows:
			</p>
			<table class="data">
				<caption>
					Payoffs for Innovators
				</caption>
				<tr>
					<td></td>
					<th>
						RL
					</th>
					<th>
						RH
					</th>
				</tr>
				<tr>
					<th>
						Stage 2
					</th>
					<td>
						<te:Math> - k\tau + (1-p(k))(c_{H}-c_{L})</te:Math>
					</td>
					<td>
						<te:Math>-k\tau</te:Math>
					</td>
				</tr>
			</table>
			<p>
				Thus a high royalty level always yields a negative payoff unless the sampling level is 0. Since the royalty will be high if the sampling level is above <te:Math>k_{\alpha}</te:Math> it is immediately apparent that no pure strategy equilibrium can exist in which the sampling level is above <te:Math>k_{\alpha}</te:Math>.
			</p>
			<p>
				Recall that <te:Math>k_{2}</te:Math> was defined as the sampling level that maximized the second stage innovators payoffs when the royalty is low. Thus if <te:Math>k_{2} \leq k_{\alpha}</te:Math>, then <te:Math>k_{2}</te:Math> is the dominant strategy for second stage firms and is the unique pure-strategy equilibrium.
			</p>
			<p>
				If <te:Math>k_{2} > k_{\alpha}</te:Math> the situation is more complex. If individual sampling levels are observable then <te:Math>k = k_{\alpha}</te:Math> is again a dominant strategy. However if the sampling levels is not observable -- as we are assuming -- then first stage firms can not offer a royalty specific to each firm but must offer a general one and we must solve for a perfect bayesian nash equilibrium.
			</p>
			<p>
				We are restricted to equilibria in which the second-stage innovator plays a pure strategy. It immediately follows that we must have that the sampling level chosen is <te:Math>k_{\alpha}</te:Math> (PF: suppose not and that the sampling level is k'. Since we are in a PBE beliefs must be consistent so the first stage innovator expects this sampling level. But for any sampling level other than <te:Math>k_{\alpha}</te:Math> the first stage innovator has a dominating pure strategy of high or low royalty level depending on whether k' is higher or lower than <te:Math>k_{\alpha}</te:Math>. If this is the case then k' must either be 0 or <te:Math>k_{2}</te:Math> respectively but each of these is inconistent with the associated royalty level).
			</p>
			<p>
				For <te:Math>k_{\alpha}</te:Math> to be an equilibrium it must maximize expected profits. Thus we must show the existence of mixed strategy (x) for first stage innovators such that <te:Math>k_{\alpha}</te:Math> is optimal for second stage innovators. Profits are given by:
			</p>
			<te:Eqn>
				<te:EqnLine>
					x p(k) * -k\tau + (1-x)(1-p(k))(-k\tau + c_{H} - c_{L}) = -k\tau + (1-x)(1-p(k)(c_{H}-c_{L})
				</te:EqnLine>
			</te:Eqn>
			<p>
				The solution, k, is given implicitly by:
			</p>
			<te:Eqn>
				<te:EqnLine>
					p^{'}(k) = \frac{-\tau}{(1-x)(c_{H}-c_{L})}
				</te:EqnLine>
			</te:Eqn>
			<p>
				Since <te:Math>p^{'} \lt 0</te:Math> we have, denoting <te:Math>k(x)</te:Math> as the solution of this as a function of x, that <te:Math>k^{'}(x) \lt 0</te:Math>. Since <te:Math>k(0) = k_{2} > k_{\alpha}</te:Math> and that as <te:Math>x \lim 1</te:Math> the RHS of the above takes arbitrarily large negative values by the intermediate value theorem there must exist a unique <te:Math>x_{\alpha} \in (0,1)</te:Math> such that <te:Math>k(x_{\alpha}) = k_{\alpha}</te:Math>. QED.
			</p>
			
			<st:Section>
				<h3>
					Welfare
				</h3>
				<p>
					For the calculation of welfare we proceed as in the original model, assuming that without the revenue from second stage innovation only a proportion <te:Math>1-q</te:Math> of first stage innovations are realized, and that average costs for those realized (not realized) are <te:Math>c_{0}^{L}</te:Math> (<te:Math>c_{0}^{H}</te:Math>) respectively. To reduce the algebra define <te:Math>\beta(k) = (v - k\tau - c_{L} - p(k)(c_{H}-c_{L})</te:Math> (that is average welfare generated by a second stage innovator), then total welfare is as follows:
				</p>
				<table class="data">
					<caption>
						Total Welfare
					</caption>
					<tr>
						<td></td>
						<th>
							<te:Math>k_{2} \leq k_{\alpha}</te:Math>
						</th>
						<th>
						<te:Math>k_{2} > k_{\alpha}</te:Math>
						</th>
					</tr>
					<tr>
						<th>
							Payoff to First Stage Firms (M)
						</th>
						<td>
							<te:Math>v_{0} - c_{0} + v - c_{H}</te:Math>
						</td>
						<td>
							<te:Math>v_{0} - c_{0} + v - c_{H}</te:Math>
						</td>
					</tr>
					<tr>
						<th>
							Payoff to Second Stage Firms (M)
						</th>
						<td>
							<te:Math>- k_{2}\tau + (1-p(k_{2}))(c_{H}-c_{L})</te:Math>
						</td>
						<td>
							<te:Math>-k_{\alpha} \tau + (1-x_{alpha})(1-p(k_{\alpha}))(c_{H}-c_{L})</te:Math>
						</td>
					</tr>
					<tr>
						<th>
							Welfare (M)
						</th>
						<td>
							<te:Math>(v_{0} - c_{0}) + N \beta(k_{2})</te:Math>
						</td>
						<td>
							<te:Math>(v_{0}-c_{0}) + N \beta(k_{\alpha}) - Nx_{alpha} (1-p(k_{\alpha}))(c_{H}-c_{L}) </te:Math>
						</td>
					</tr>
					<tr>
						<th>
							Welfare (NM)
						</th>
						<td>
							<te:Math>(1-q) ((v_{0}-c_{0}^{L}) + N \beta(k_{2}))</te:Math>
						</td>
						<td>
							<te:Math>(1-q) ((v_{0}-c_{0}^{L}) + N \beta(k_{2}))</te:Math>
						</td>
					</tr>
					<tr>
						<th>
							Net Difference (M - NM)
						</th>
						<td>
							<te:Math>q ((v_{0}-c_{0}^{H}) + N \beta(\k_{2}))</te:Math>
						</td>
						<td>
							<te:Math>S</te:Math> (see below)
						</td>
					</tr>
				</table>
				<te:Eqn>
					<te:EqnLine>
						<te:Math>S = q( v_{0} - c_{0}^{H} + N \beta(k_{\alpha}))  - N(1-q) (\beta(k_{2}) - \beta(k_{\alpha})) - Nx_{alpha} (1-p(k_{\alpha}))(c_{H}-c_{L}) </te:Math>
					</te:EqnLine>
				</te:Eqn>
				<p>
					Some rearranging yields:
				</p>
				<te:Eqn>
					<te:EqnLine>
						S = q(N\beta_{2} + c_{0}^{H}) - N(\beta_{2} - \beta_{\alpha}) - Nx_{alpha} (1-p(k_{\alpha}))(c_{H}-c_{L})
					</te:EqnLine>
				</te:Eqn>
				<p>
					Thus for for monopoly rights to be preferable to no monopoly rights when <te:Math>k_{2} > k_{\alpha}</te:Math> requires:
				</p>
				<te:Eqn>
					<te:EqnLine>
						q \geq q^{m] \equiv \frac{N(\beta_{2} - \beta_{\alpha}) + Nx_{alpha} (1-p(k_{\alpha}))(c_{H}-c_{L})} {(N\beta_{2} + c_{0}^{H})}
					</te:EqnLine>
				</te:Eqn>
				<p>
					So <te:Math>q^{m}</te:Math> is the probability of a high cost innovation which leaves one indifferent between having and not having monopoly rights. 
				</p>
			</st:Section>
			
			<st:Section>
				<h3>
					Conclusion
				</h3>
				
				<p>
					From our calculations of welfare it follows that we should choose to have monopoly rights if <te:Math>k_{2} \leq k_{\alpha}</te:Math> or if <te:Math>k_{2} > k_{\alpha}</te:Math> and <te:Math>q \geq q^{m}</te:Math>. 
				</p>
				<p>
					Now <te:Math>q^{m}</te:Math> increases in <te:Math>k_{2}</te:Math>, decreases in <te:Math>k_{\alpha}</te:Math>. Thus the policy choice is directly related to the relative sizes of these different sampling levels.
				</p>
				<p>
					What can we say about these two values as a function of the underlying parameters? Recall that the probability of high cost goes down with sampling (<te:Math>p^{'} \leq 0</te:Math>) but at a diminishing rate (<te:Math>p^{''} > 0</te:Math>) and that:
				</p>
				<te:Eqn>
					<te:EqnLine>
						p(k_{\alpha}) = \frac{c_{H}-c_{L}}{v-c_{L}}
					</te:EqnLine>
				</te:Eqn>
				<te:Eqn>
					<te:EqnLine>
						p^{'}(k_{2}) = \frac{-\tau}{c_{H}-c_{L}}
					</te:EqnLine>
				</te:Eqn>
				<p>
					Then:
				</p>
				<ul>
					<li>
						Reducing transaction costs, <te:Math>\tau</te:Math>, increase the level of optimal sampling <te:Math>k_{2}</te:Math> but leaves <te:Math>k_{\alpha}</te:Math> unaffected.
					</li>
					<li>
						Increasing the advantage of low cost over high cost innovations (<te:Math>c_{H}-c_{L}</te:Math>) increases the optimal level of sampling, <te:Math>k_{2}</te:Math>, but reduces <te:Math>k_{\alpha}</te:Math> the sampling level at which a high royalty is charged (intuitively: if the the differential between high and low cost firms is greater then the loss to a first stage innovator of 'losing' high cost firms by charging the high royalty rate is smaller. Therefore the number of low cost firms <te:Math>1-p(k)</te:Math> at which the switch to a high royalty rate is made can be smaller).
					</li>
					<li>
						Increasing the value of a second stage innovation, <te:Math>v</te:Math>, while leaving all other parameters constant increases <te:Math>k_{\alpha}</te:Math> but leaves the optimal level of sampling unchanged (the intuition is exactly the same as for the previous item).
					</li>
				</ul>
				<p>
					These results suggest the following, corresponding, conclusions for policy:
				</p>
				<ol>
					<li>
						Reducing sampling costs make it more likely that a freer (no monopoly rights) regime will be optimal. This is because the 'optimal' level of sampling (<te:Math>k_{2})</te:Math> will be sufficiently greater than the restricted level of sampling (<te:Math>k_{\alpha}</te:Math>) that the loss in terms of hold-up of second stage products (x) and higher average cost levels for second stage firms outweigh the benefits of more first stage (and dependent second-stage) innovations.
					</li>
					<li>
						Increasing the differential between low cost and high cost types (which could be interpreted as sampling becoming more important for product quality) makes it more likely that a freer (no monopoly rights) regime will be optimal. Conversely increasing the value of an innovation while leaving cost differentials constant (which in some sense corresponds to cost differentials being less important) makes it more likely that a monopoly rights regime will be optimal.
					</li>
				</ol>
			</st:Section>
		</st:Section>
		
		
		<st:Section>
			<h3>
				Royalty-Before-Sampling
			</h3>
			
			<p>
				We solve by recursing backwards through the game, first solving for the investment decision, then for the level of sampling as a function of the royalty rate, and then, finally, using this for the optimal royalty rate for stage 1 firms. Once we have solved we examine the welfare situation using a similar setup to the models above.
			</p>
			<p>
				Using a general function to link sampling to firm cost (<te:Math>p(k)</te:Math>) greatly limits our analysis and the conclusions we can draw (for example we are not able to solve for the optimal royalty rate). Thus in the final section we consider a special case where the sampling function takes the form of the exponential distribution. This allows us to derive explicitly how choice variables such as the sampling level and the royalty depend on the 'fundamentals'. 
			</p>
				
			<st:Section>
				<h4>
					Optimal Sampling
				</h4>
        <p>
          The investment decision by stage 2 firms is straightforward to solve: since sampling costs are sunk they will be ignored and a firm with costs <te:Math>c_{X}, X=L,H</te:Math> invests if, and only if, <te:Math>v - r \geq c_{X}</te:Math>. Define <te:Math>r_{H}, r_{L}</te:Math> as usual and consider the three possible situations:
        </p>
        <ol>
          <li>
            <te:Math>r_{L} \geq r \geq 0</te:Math>, in which case both firm types invest
          </li>
          <li>
            <te:Math>r_{H} \geq r > r_{L}</te:Math>, in which only the low cost firm types invest
          </li>
          <li>
            <te:Math>r > r_{H}</te:Math>, in which neither firm type invests (this case is trivial and will be ignored)
          </li>
        </ol>
        <p>
          <strong>Case 1:</strong> Here we would expect sampling to be independent of the royalty: both firm types will invest and so the royalty rate has the same impact on both high cost and low cost producers. This means the royalty has no effect on the advantage of low cost over high cost firms. Since sampling is a function of this advantage rather than of the levels of profits themselves this in turn means that sampling is independent of royalty level. Formally we have that profits as a function of sampling are:
        </p>
        <te:Eqn>
          <te:EqnLine>
            \Pi(k) = p(k)(v - r - c_{H} -k\tau) + (1-p(k))(v - r - c_{L} -k\tau) = v - r - k\tau - p(k)(c_{H}-c_{L})
          </te:EqnLine>
        </te:Eqn>
				<p>
          To find the sampling level that maximizes profits impose the first order condition <te:Math>\Pi^{'}(k) = 0</te:Math><te:FootNote>
						The second order condition, <te:Math>\Pi^{''} \leq 0</te:Math>, is easily checked: <te:Math>\Pi^{''} = -p^{''}(k)(c_{H}-c_{L}) \leq 0</te:Math> since, by assumption, <te:Math>p^{''}(k) \geq 0</te:Math>.
        </te:FootNote>. This gives:
        </p>
        <te:Eqn>
          <te:EqnLine>
            p^{'}(k) = \frac{-\tau}{c_{H}-c_{L}}
          </te:EqnLine>
        </te:Eqn>
        <p>
					 which is equating the marginal gain in terms of lower costs (<te:Math>p^{'}(k)(c_{H}-c_{L})</te:Math> from a marginal increase in sampling to the costs (<te:Math>\tau</te:Math>). For future reference define the solution of this equation by <te:Math>k_{2}</te:Math> (the '2' indicates that this is situation where both firms participate).
				</p>
				<p>
					As a function of the exogenous variables we have, as one would expect, that an increase in transaction costs decreases the level of sampling (remember <te:Math>p^{''} > 0</te:Math>) and that an increase in the benefit of being low cost vs. high cost increases the level of sampling.
				</p>
        <p>
          <strong>Case 2:</strong> Here only the low cost innovator invests and thus expected profits are given by:
        </p>
        <te:Eqn>
          <te:EqnLine>
            \Pi(k) = - p(k) * k\tau + (1-p(k))(v - r - c_{L} -k\tau)
                   = -k\tau + (1-p(k))(v - r - c_{L})
          </te:EqnLine>
        </te:Eqn>
        <p>
          Maximizing<te:FootNote>
						<te:Math>\Pi^{''} = p^{''}(v - r-c_{L}) \leq 0</te:Math> (term in brackets is positive) so the second order condition is satisfied and this is a maximum.
					</te:FootNote> profits gives:
        </p>
        <te:Eqn>
          <te:EqnLine>
            p^{'}(k) = \frac{-\tau}{v - r -c_{L}}
          </te:EqnLine>
        </te:Eqn>
        <p>
           Again this corresponds with intuition: at the optimum the marginal gain from greater sampling: <te:Math>p^{'}(k)(v - r-c_{L})</te:Math> equals the marginal cost: <te:Math>\tau</te:Math>.
				</p>
				<p>
					Define <te:Math>k_{1}(r)</te:Math> as the solution of this equation, i.e. the optimal sampling level as a function of the royalty when only one firm type invests -- those that are low cost. Again, as one would expect, the optimal sampling rate for second stage firms goes down with increasing transaction costs or higher royalties. Conversely the sampling level increases with the level of surplus <te:Math>v-c_{L}</te:Math>.
				</p>
				<p>
					Note that it is possible that <te:Math>k_{1}(r) = 0</te:Math> for <te:Math>r \lt r_{H}</te:Math> (i.e. the RHS is less than <te:Math>p^{'}(0)</te:Math> (the most negative value possible for <te:Math>p^{'}(k)</te:Math>). Define <te:Math>r_{0}</te:Math> as the minimal royalty rate at which <te:Math>k = 0</te:Math> (note that <te:Math>r_{0} \leq r_{H}</te:Math>). Then <te:Math>k_{1}(r) = 0</te:Math> for <te:Math>r \geq r_{0}</te:Math>.
				</p>
				<p>
					We summarize these results in a lemma and diagram:
        </p>
        <div>
          <p>
            <strong>Lemma:</strong> <te:Math>k(r)</te:Math> is defined as follows:
          </p>
          <ol>
            <li>
              <te:Math>0 \leq r \leq r_{L}: k(r) = k_{2}</te:Math>
            </li>
            <li>
              <te:Math>r_{L} \leq r \leq r_{0}: k(r) = k_{1}(r)</te:Math>
            </li>
            <li>
              <te:Math>r > r_{0}: k(r) = 0</te:Math>
            </li>
          </ol>
          <p>
            Furthemore <te:Math>k(r)</te:Math> is continuous, and is also differentiable except at <te:Math>r_{L}</te:Math> and <te:Math>r_{0}</te:Math>. <te:Math>k^{'}(r) \leq 0</te:Math> with the inequality strict for <te:Math>r_{L} \lt r \lt r_{0}</te:Math>.
          </p>
        </div>
				<img src="sampling_as_function_of_royalty.png" alt="sampling_as_function_of_royalty.png" />
			</st:Section>
			<st:Section>
				<h5>
					Optimal Royalty
				</h5>
        <p>
          Finally we come to the problem for a first stage innovator: <te:Math>\max_{r} \Pi(r)</te:Math> where:
				</p>
					<te:Eqn>
						<te:EqnLine>
							\Pi(r) = rv, r \leq r_{L}
						</te:EqnLine>
						<te:EqnLine>
							\Pi(r) = (1-p(k(r))rv, r > r_{L}
						</te:EqnLine>
					</te:Eqn>
				<p>
					Restricting to the first case it is obvious that maximum must be at <te:Math>r_{L}</te:Math>. Note that <te:Math>\Pi(r)</te:Math> is not necessarily continuous at <te:Math>r_{L}</te:Math>, in fact it is very unlikely to be continuous -- it is continuous if, and only if, the probability of being a high cost firm is 0 at a sampling level of <te:Math>k_{2}</te:Math> (<te:Math>p(k(r_{L})) = p(k_{2}) = 0</te:Math>).
				</p>
				<p>
					Define <te:Math>r_{1}^{e}</te:Math> as the value of <te:Math>r</te:Math> that maximizes profits in the second case (this will exist as continuous function on a compact set -- if we include the endpoints). Then an optimal r, denoted <te:Math>r^{e}</te:Math> exists defined by choosing whichever of <te:Math>r_{L}, r_{1}^{e}</te:Math> gives the greater profits.
        </p>
			</st:Section>
      
      <st:Section>
        <h4>
          Welfare and Monopoly Rights
        </h4>
				
				<p>
					Define <te:Math>c = c(k) = p(k) c_{H} + (1-p(k))c_{L}</te:Math>. Also write <te:Math>p</te:Math> for <te:Math>p(k)</te:Math>. Then letting <te:Math>R_{H}, R_{L}</te:Math> denote situations with a high/low royalty rate respectively we have (very similar to original):
				</p>
				<table>
					<caption>
						Total Welfare
					</caption>
					<tr>
						<td>
							
						</td>
						<th>
							RL
						</th>
						<th>
							RH
						</th>
					</tr>
					<tr>
						<th>
							M
						</th>
						<td>
							<te:Math>v_{0} - c_{0} + N (v - c(k_{2}) - k_{2}\tau)</te:Math>
						</td>
						<td>
							<te:Math>v_{0} - c_{0} + N (1-p(k_{1})) (v - c_{L}) - N k_{1}\tau</te:Math>
						</td>
					</tr>
					<tr>
						<th>
							NM
						</th>
						<td>
							<te:Math>(1-q)(v_{0} - c_{0}^{L} + N (v - c(k_{2}) - k_{2}\tau))</te:Math>
						</td>
						<td>
							<te:Math>(1-q)(v_{0} - c_{0}^{L} + N (v - c(k_{2}) - \k_{2}\tau))</te:Math>
						</td>
					</tr>
				</table>
				<p>
					<strong>Notes:</strong> From earlier results we know that for <te:Math>r \leq r_{L}</te:Math> <te:Math>k = k_{2}</te:Math>. In RH case <te:Math>k_{1}</te:Math> is shorthand for <te:Math>k_{1}(r^{e})</te:Math>.
				</p>
				<p>
					As before, in the low royalty case it is always preferable to have monopoly rights. In the high royalty case we have that a monopoly rights regime is preferable to no monopoly rights if:
				</p>
				<te:Eqn>
					<te:EqnLine>
						q (v_{0} - c_{0}^{H}) + N q (v-c(k_{2}) -k_{2}\tau) >
							N ( v - c(k_{2}) - k_{2}\tau) - N((1-p(k_{1})) (v-c_{L}) + k_{1}\tau)
					</te:EqnLine>
				</te:Eqn>
				<p>
					For simplication let us assume that <te:Math>v_{0} - c_{0}^{H}</te:Math>, which is negative, is small relative to other terms (e.g. N is big) then:
				</p>
				<te:Eqn>
					<te:EqnLine>
						q > 1 - \frac{ (1- p(k_{1})) (v-c_{L}) - k_{1}\tau }
												 { v-c(k_{2}) -k_{2}\tau }
							= 1 - \frac{v-c_{L} - p(k_{1})(v-c_{L}) -k_{1}\tau}
												 {v-c_{L} - p(k_{2})(c_{H} - c_{L}) - k_{2}\tau}
					</te:EqnLine>
				</te:Eqn>
      </st:Section>
      
			<st:Section>
				<h4>
					Example: Exponential Probability Function
				</h4>
				<p>
          Define probability function as <te:Math>p(k) = e^{-\lambda k}</te:Math>
				</p>
				<p>
					The level of sampling with a low royalty rate, <te:Math>k_{2}</te:Math>, is given by the solution of:
				</p>
				<te:Eqn>
          <te:EqnLine>
            \lambda e^{-lambda k_{2}} = \frac{\tau}{c_{H}-c_{L}}
          </te:EqnLine>
					<te:EqnLine>
						\implies k_{2} = - \frac{1}{\lambda} * \log(\frac{\tau}{\lambda (c_{H}-c_{L})})
					</te:EqnLine>
        </te:Eqn>
        <p>
          Similarly the level of sampling with a high royalty rate, <te:Math>k_{1}(r)</te:Math>, is the solution of:
        </p>
        <te:Eqn>
          <te:EqnLine>
            \lambda e^{-lambda k_{1}} = \frac{\tau}{v - r-c_{L}}
          </te:EqnLine>
        </te:Eqn>
        <p>
          Thus the highest possible royalty rate is:
        </p>
        <te:Eqn>
          <te:EqnLine>
            r_{0} = \frac{\lambda (v-c_{L}) - \tau}{\lambda}
          </te:EqnLine>
        </te:Eqn>
				
        <p>
          For <te:Math>r_{L} \leq r \leq r_{0}</te:Math> we have:
        </p>
        <te:Eqn>
          <te:EqnLine>
            p(k_{1}(r)) = e^{-lambda k_{1}(r)} = \frac{\tau}{\lambda (v - r - c_{L})}
          </te:EqnLine>
        </te:Eqn>
        <p>
          Define <te:Math>\alpha = v - r - c_{L}</te:Math> then the first order condition for maximization of <te:Math>\Pi(r) = (1-p(k(r)) rv</te:Math> reduces to:
        </p>
        <te:Eqn>
          <te:EqnLine>
            \lambda \alpha^{2} - \tau (v-c_{L}) = 0
          </te:EqnLine>
					<te:EqnLine>
						\implies r_{1} = \frac{\lambda (v-c_{L}) - \sqrt{\lambda \tau (v-c_{L})}}{\lambda}
					</te:EqnLine>
        </te:Eqn>
        <p>
          Let us assume for the present that <te:Math>r_{1}</te:Math> is the optimal royalty (we would need to to check that <te:Math>r \in [r_{L}, r_{0}]</te:Math> and that <te:Math>\Pi(r_{1}) > \Pi(r_{L})</te:Math>)<te:FootNote>
						<p>
							To have <te:Math>r_{1} \geq 0</te:Math> requires <te:Math>\lambda (v-c_{L}) \geq \tau</te:Math>. This condition also ensures that <te:Math>r \leq r_{0}</te:Math>. <te:Math>r_{1} \geq r_{L}</te:Math> requires:
						</p>
						<te:Eqn>
							<te:EqnLine>
								\lambda (c_{H}-c_{L}) \geq \sqrt{\lambda \tau (v-c_{L})}
								\implies lambda \geq \frac{\tau (v-c_{L})}{c_{H}-c_{L}}
							</te:EqnLine>
						</te:Eqn>
						<p>
							In our situation higher <te:Math>\lambda</te:Math> corresponds to a higher probability of being low cost type for any given level of sampling. Thus this restriction makes intuitive sense: low <te:Math>lambda</te:Math> means high probability of a high cost type so a stage 1 firm will want to set royalties so that high cost firms invest (and therefore generate revenue).
						</p>
					</te:FootNote>. Compared to the standard high royalty case (<te:Math>v-c_{L}</te:Math>), which occurs when there is no sampling or royalties are set after sampling, the royalty here is 'discounted' by the amount of the the second, square root, term. A first stage innovator reduces the royalty in this way because by doing so she encourages more sampling which increases the proportion of low cost firms she can 'tax'.
				</p>
				<p>
					This 'discounting' of the royalty is:
				</p>
				<ol>
					<li>
						Increasing in the value generated by low cost firms (<te:Math>v-c_{L}</te:Math>) and the level of transaction costs
					</li>
					<li>
						Decreasing in the rate of payoff to sampling (<te:Math>\lambda</te:Math>)
					</li>
				</ol>
				
				<p>
					<strong>Sampling:</strong> By substituting for the optimal royalty we may derive an explicit expression for the level of sampling in the high royalty case:
				</p>
				<te:Eqn>
					<te:EqnLine>
						k_{1} = -\frac{1}{2\lambda} \log (\frac{\tau}{\lambda (v-c_{L})})
					</te:EqnLine>
				</te:Eqn>
				<p>
					What does this tell us of interest?
				</p>
				<p>
					First it shows that the level of sampling is non-monotonic with respect to <te:Math>\lambda</te:Math>, which we may think of as the rate of payoff to sampling: initially the level of sampling is increasing with <te:Math>\lambda</te:Math> but it then peaks and decreases.
				</p>
				<p>
					The reaason for this is that at low levels of the rate of payoff, sampling is low and thus the marginal effect of increasing sampling is high (remember that the marginal benefit of sampling decreases as sampling increases: <te:Math>p^{''} \geq 0</te:Math>). Thus when the rate of payoff increases marginally the marginal benefit of increasing sampling will be positive. However when the rate of payoff is high, even with a small level of sampling the marginal benefits of sampling are low, thus if the rate of payoff increases a second stage innovator will realize net gains by reducing the level of sampling. (Note that this result applies equally to the level of sampling in the low royalty case).
				</p>
				<p>
					A second feature of interest is the comparison between the high and low royalty sampling levels when <te:Math>v - c_{L} \approx c_{H} - c_{L}</te:Math> -- which occurs, for example, when the surplus generated by high cost firms, <te:Math>v - c_{H}</te:Math>, is relatively small). In this case the level of sampling under a 'high' royalty is <strong>approximately half</strong> that under 'low' royalty regime<te:FootNote>
						This is also a situation in which the high royalty regime will occur since the income to a first stage innovator from high cost firms will be small. Note however it is not necessarily the case that the royalty level with be that high: </te:FootNote>.
					This translates into the probability of a high cost innovation under the high royalty regime being the square of the probability under the low cost regime. How important this is depends on the level of sampling (if the level of sampling is already high under the high royalty regime then this difference will be small).
				</p>
			</st:Section>
		</st:Section>
	</st:Section>
	
	<st:Section>
		<h2>
			Extensions
		</h2>
		<ol>
			<li>
				Allowing monopoly rights regime to affect transaction costs.
			</li>
			<li>
				Allow for continuous distribution of costs for firms. This way we will always be in a 'marginal' situation and not have to worry about the discontinuities which plague much of the analysis.
			</li>
			<li>
				Should have the proportion of first stage firms that innovate (q) depend on net income which in turn depends on royalty income and rights regime (rather than just directly on the regime). For example at present move to RH (when RL preferable) should reduce q since getting less income.
			</li>
			<li>
				Scotchmer/Green (and others) use (Nash?) bargaining equilibrium where participants always divide surplus. Thus ex post everyone gets v/2. Ex ante if there would be hold-up (this is with perfect information) divided so that first innovator gets (v-c)/2 leaving the second innovator with same profits (v-c)/2. When we don't know innovator type (as here) ex post would still be v/2 (divide the surplus) and ex ante would be a choice between v/2 and (v-cL)/2 (I think it more realistic to have the bargaining sequence we have shown which allows the innovator to receive v-cL). In the first model this would leave our results largely unchanged but in the royalty before sampling the change to v/2 from rH could be significant.
			</li>
		</ol>
	</st:Section>
	
	<st:EndNotes />
	
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