Skip to content
VOLCANO
Index

Understanding innovation · Part III · Capital and value

11 · Who captures the value

13 min read

In brief

  1. Creating value and capturing it are two different problems: industrial history is full of innovators who were right about the technology and saw the profits go to imitators, suppliers or distributors. Teece's framework explains when this happens and why.
  2. Three variables decide the distribution of profits: the appropriability regime (how difficult imitation is), the dominant design (which point of the cycle you are at), and the complementary assets (what is needed, beyond the technology, to take it to market, and who controls it).
  3. The empirical evidence cuts the myth of the patent down to size: in most sectors firms judge lead time, secrecy and control of complementary assets to be more effective; the patent is central where the cost of imitation is low compared with the cost of development.
  4. First mover or fast follower is not a preference of temperament: it is a decision conditional on the three variables, with a different answer for each configuration.
  5. The separation between ownership and use of the technology (the licensing model) is a strategy of appropriation in its own right, and at the same time an architecture of protection: intellectual property that lives outside the operating vehicle survives its accidents.

Section 1

The problem: being right and not earning from it

In 1986 David Teece publishes the article that gives the problem its name: "Profiting from Technological Innovation". The question that opens it is disarming: why do innovators, those who arrived first and were right, so often fail to capture the profits of their own innovation, which go instead to imitators who arrived later, or to whoever controls complementary pieces of the chain? Teece's answer is a three-variable framework that has held up against the cases for forty years, and that constitutes the third question of due diligence in an innovation investment, after "does it work?" (chapters 06-07) and "do they want it?" (chapters 02 and 05): who will capture the value?

The appropriability regime measures how far the innovation can be defended against imitation, by two routes: legal instruments (patents and related rights, whose effectiveness varies enormously by sector, as we shall see) and the nature of the knowledge itself. Codified knowledge (a formula, a drawing, an algorithm readable in the product) travels easily and is imitated quickly; tacit knowledge (the know-how accumulated in processes, in people, in the integration between disciplines) is imitated slowly and badly even without legal protection. A regime is strong when the combination of law and the nature of the knowledge makes imitation slow and costly; weak when the product itself teaches you how to copy it.

The dominant design places the innovation in the time of its sector (chapter 05): before the emergence of the de facto standard, the pioneer's advantage is fragile, because competition is still between architectures and theirs may lose; afterwards, competition shifts to scale, cost and production capacity, ground on which resources count more than precedence.

Complementary assets are everything that is needed, beyond the technology, to turn it into a product that is sold: production capacity, distribution channels, brand, support, regulatory competencies, relationships. Teece distinguishes them into generic (obtainable on the market at market prices: a warehouse, standard logistics) and specialised (co-developed with the innovation, scarce, in the hands of a few). The decisive variable is who controls them: if the innovation needs specialised assets owned by others, negotiating power, and with it the share of value, migrates towards those who own them, however brilliant the technology.

The combinatorial logic of the framework: with strong appropriability, the innovator has time to build or contract for the complementary assets, and captures value; with weak appropriability, the race is immediate, and whoever already has the assets wins, and that is rarely the innovator. It is the case that opens the following section.

Section 2

Case study: EMI and the CT scanner, the masterpiece that enriched the competitors

The canonical case of the framework, discussed by Teece himself, is computed axial tomography. The CT scanner is developed in the laboratories of the British company EMI by Godfrey Hounsfield, who will receive the Nobel Prize in medicine for it in 1979: an authentic radical innovation, the greatest advance in diagnostic imaging since X-rays, launched commercially in 1972 with years of advantage over anyone else.

Eight years later, EMI was out of the market it had created, its business sold to a competitor, and the CT market belonged to General Electric and Siemens. The reconstruction with the three variables explains the outcome without any need for spectacular errors. Appropriability was weak: patents existed but did not cover the essentials in a blocking way, and the architecture of the machine, once seen, taught a great deal to the giants of electromedical equipment, which had the engineering capacity to reinvent around the claims. The dominant design was not yet fixed: generations of scanners followed one another rapidly, and the pioneer's advantage was wiped out at each turn of architecture. And above all the specialised complementary assets were all on the other side: GE and Siemens had hospital sales networks built over decades, widespread technical support (decisive for a machine on which operating lists depend), reputation with radiology departments, production and regulatory capacity; EMI, which came from consumer electronics and music, had to build all this from scratch, in a market, the United States hospital market, where its competitors were at home. The better technology with a weak regime and other people's assets: the value migrated exactly where the framework predicts, and the Nobel remained with those who had created the value that others captured.

The case fixes the methodological lesson: the question "is the technology superior?" is not enough to found an investment; the complete question is "given these three variables, does the share of value that this company can capture justify the capital?". Sometimes the honest answer is that the value is there but will go to others, and that the right strategy is not to compete but to sell or license to whoever owns the assets: which is the bridge to section 4.

Section 3

What really protects: the evidence

Common sense identifies protection with the patent. The two great empirical field surveys, the Yale survey (Levin, Klevorick, Nelson and Winter, 1987) and the Carnegie Mellon survey (Cohen, Nelson and Walsh, 2000), which asked thousands of R&D managers which mechanisms actually protect the returns of innovation, give back a more articulated picture that has been stable over time. In most manufacturing sectors, the mechanisms judged most effective are lead time (arriving first and running), the descent along the learning and cost curve, industrial secrecy (in particular for process innovations, invisible in the product) and control of complementary assets such as sales and support. Patents turn out to be the dominant mechanism in a minority of sectors, with pharmaceuticals and chemicals at the head: where the cost of development is enormous, the cost of imitation minimal (the molecule is readable in the product) and the claim can cover the essentials precisely, legal exclusivity is what holds up the entire economic model. The reasons why the patent weighs less elsewhere are practical: the ease of inventing around the claims, the disclosure that the patent itself imposes (chapter 12 will return to this price), and the costs and timescales of enforcement.

The correct reading is not that patents are useless: it is that protection is a portfolio of mechanisms, whose optimal composition depends on the sector and on the nature of the knowledge, and that the informal mechanisms (speed, secrecy, tacit know-how, complements) do more work than common sense recognises. For chapter 04 this closed the circle on services and integrated innovations, defensible more by execution than by exclusivity; for due diligence, the operational question becomes: which combination of mechanisms, in this sector, for this innovation, makes imitation slow enough to allow capture, and for how long?

From the same evidence follows the answer to the question about first mover and fast follower, which popular writing treats as a matter of disposition. It is a conditional decision: moving first is worthwhile when the temporal advantage is convertible into cumulative advantages (network effects, learning, standards, capture of scarce complements) or when the regime is strong enough to protect the wait for the market; following is worthwhile when the pioneer pays the costs of educating the market and of exploring the architectures under a weak regime, leaving the mature version of the game to the follower that has the assets. EMI moved first in fast follower conditions; GE followed in conditions that were perfect for doing so. The question is not "what type are we?" but "what configuration is this?".

Section 4

Licensing and the separation between ownership and use

There is a third way beyond competing and selling: keeping ownership of the technology and transferring its use. The licensing model turns the logic of complementary assets on its head: instead of building what is needed to reach the market, you enlist as licensees those who already have it, and you capture value as a fraction of theirs, multiplied by all of them.

The case that shows the scale of this is ARM. The Cambridge company designs processor architectures and manufactures nothing: it licenses the designs to those who produce (practically the whole semiconductor industry for mobile devices), collecting royalties on every chip. The model has turned what would have been an impossible position (competing in manufacturing against giants with foundries costing tens of billions) into the opposite one: the giants are customers, the complementary assets are theirs, and appropriability rests on a portfolio of intellectual property and on architectural know-how that the licensees have an interest in seeing prosper, not in eroding. The conditions for the model to work must, however, be declared: a strong appropriability regime is needed (without defensible exclusivity, the licensee becomes an imitator), a technology separable from the final product (a component, an architecture, a method: not every innovation is), and the capacity to serve the licensees over time, because a licence is a relationship, not a sale.

Licensing brings with it an architectural principle that holds outside its business model too: the separation between ownership of the intellectual property and the vehicle that uses it. When the IP is held by a party (or by several owners) distinct from the operating company, which uses it under licence, three effects are obtained. The first is asset protection: if the operating vehicle fails, the IP is not among its assets in the insolvency; it survives the accident, in the hands of those who created and financed it, and remains available for a new initiative, a sale or a licence to third parties (it is the residual value of stopped projects, chapter 08). The second is reusability: the same base technology can serve several vehicles, several markets, several attempts, without the fate of one dragging it down. The third is clarity of incentives: whoever created the knowledge remains its owner and is remunerated by its use, which aligns the protection of the investor with the recognition of the creator. The price of the architecture is its contractual complexity (well written licences, exclusivities and fields of use defined, the fate of the licence in pathological cases), which chapter 12 will treat at the level of instruments.

In the Volcano method

This chapter is the theory of the fifth risk-reduction lever ("intellectual property, kept safe: it lives in the hands of those who created it") and of the model's declared architecture: all the IP, both base and developed, belongs to those who created and financed it (Volcano, investors, key technical staff), who license it to the startup. It is the separation between ownership and use of section 4, with the three effects declared in the same terms: if a startup fails, the IP remains beyond the reach of the creditors, reusable in a new initiative, and the investors retain the value of the innovation even when a specific vehicle does not arrive. The appropriability regime on which the model declares that it rests is the combination of section 3: formal intellectual property plus the multidisciplinary contextual know-how (hardware, software, mechanics, chemistry, electronics integrated on vertical niches) that is tacit knowledge, the form that is imitated most slowly, with the large operators turned into suppliers and partners rather than competitors, that is, the neutralisation of the EMI problem: not competing on the ground of other people's complementary assets, but choosing niches where the Volcano core owns the complements that matter. And the recovery scenario for projects that stop (sale or licence of the documented technology to a third party in the sector that wants to spare itself those years of work) is the application of the final lesson of section 2: when the configuration says that the value will go to whoever has the assets, the rational strategy is to make them pay for the technology, not to fight them.

Readings

Further reading

  • D.J. Teece, "Profiting from Technological Innovation" (Research Policy, 1986): the founding article; thirty-five pages that are worth reading in full, EMI case included.
  • W.M. Cohen, R.R. Nelson and J.P. Walsh, "Protecting Their Intellectual Assets" (NBER Working Paper 7552, 2000): the reference survey on what really protects, sector by sector.
  • D.J. Teece, "Business Models, Business Strategy and Innovation" (Long Range Planning, 2010): the completion of the framework on the side of the business model as a mechanism of capture.
  • On the ARM model: the public company documentation (annual reports and the listing prospectus) is the most instructive primary source on the economics of licensing at scale.

Frequently asked questions

Frequently asked questions

If we have the patent, is the value protected?

The patent is one of the mechanisms, not protection itself: its effectiveness depends on the sector (highest where imitation is cheap and the claim can cover the essentials, as in pharmaceuticals; much lower where you can invent around the claims), on the quality of the claims and on the capacity to enforce them. The empirical evidence says that in most sectors the heavy lifting is done by speed, secrecy, tacit know-how and complementary assets; the right question is not "do we have the patent?" but "which combination of mechanisms makes imitation slow enough, and for how long?".

Is arriving first on the market an advantage in itself?

Only if the time gained converts into something cumulative: network effects, learning, standards, capture of scarce complements, or an exclusivity that protects the wait. Under a weak regime and before the dominant design, the pioneer pays for educating the market and exploring the architectures on behalf of whoever follows with more assets: the EMI case is the complete illustration. The choice between moving and following is made by reading the three variables, not the calendar.

Why does the startup not own its own technology? Does that not weaken it?

The separation between ownership and use protects everyone, the startup included: the licence gives the operating vehicle everything it needs in order to compete (the use, within the defined scope), while ownership outside the vehicle guarantees that a corporate accident does not destroy the technological asset, which remains reusable and retains its value for those who created and financed it. The delicate point is not the separation but the quality of the contracts that implement it: scope, exclusivities and the fate of the licence should be written as if the pathological cases were going to happen.

Our advantage is know-how, not a legal exclusivity: is that serious protection?

It is often the most serious: tacit and integrated knowledge (systems know-how, execution, the combination of disciplines) is what the evidence indicates as the mechanism that is slowest to imitate, because it cannot be read in the product and cannot be hired in a single person. Its maintenance conditions do exist, however: it erodes with the departure of key people if it is not distributed and documented, and it does not protect against the competitor that, instead of imitating, recombines assets of its own. The robust configuration combines the tacit with the formal safeguards where they are needed: this is the portfolio logic of protection, and it is the theme of the next chapter.

We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard.
John F. Kennedy, 1962
Tax close before 31 December Turn your tax burden into a return