1. Introduction
Throughout human history, the use of tangible
capital (measurable forms of physical capital,
such as machinery) has greatly contributed
to economic growth. Whether it was the
introduction of the plow and the steam engine
when agriculture dominated the economy,
machinery and factories at the end of the
19th century, or advanced computing and
communications equipment during the digital
revolution, businesses have used tangible capital
to increase productivity, thereby stimulating
economic growth.
2
In the mid-1990s, investments in intangible
capital (such as computer software and
brand development) overtook tangible
capital investments in the United States.
3
U.S.
companies are investing more in innovation—the
research, development, and commercialization of
intangible assets—than they are in the purchase
of existing equipment and machines to spur
growth.
IP rights provide incentives for organizations and
individuals to develop and pursue commercial
opportunities related to their intangible assets.
Patents grant the right to exclude others from
making, using, oering for sale, or selling the
invention throughout the United States or
importing the invention into the United States,
thereby giving the patentee the opportunity
to reap greater rewards from the underlying
innovation. This study considers utility and
design patents separately. Utility patents
protect useful processes, machines, articles
of manufacture, and compositions of matter.
Design patents protect the ornamental design
for an article of manufacture (which may relate to
its shape/configuration, surface ornamentation,
or both), thus allowing companies to further
dierentiate their products from those of
competitors and to improve the odds of
commercial success. Copyrights incentivize the
production of literary and other artistic works by
granting authors the exclusive right to engage in
the commercialization and distribution of these
works. Trademarks enhance the value of both
patented and unpatented innovations, as well as
reputation, by identifying a good’s or service’s
source of origin.
These IP rights protect intangible capital that
contribute to economic growth in ways that
are dicult to observe and measure.
4
However,
we can identify the industries that have been
intensive users of IP protections and assess
their contributions to U.S. economic output and
employment. We show that these IP-intensive
industries account for a large portion of economic
activity in the United States. Further, IP-intensive
industries account for not only a large number of
jobs but also jobs that provide a higher level of
compensation; workers in IP-intensive industries
tend to receive higher wages and have better
access to fringe benefits. These workers are also
more likely to have full-time positions, work at
large companies, and have a demographic profile
(e.g., gender, race/ethnicity, and veteran status)
that diers significantly from their counterparts
in non-IP-intensive industries.
2 See Schwab (2016). Schwab is the founder and executive chair of the World Economic Forum.
3 Intangible capital is made up of investments that are intended to increase future company productivity but that are not traditional or
tangible physical capital (e.g., intangible capital includes computer software, databases, research and development, design, training,
brand equity, and structural and eciency improvements to the company’s organization, as well as the creation of entertainment,
literary, or artistic originals) (Sichel 2008; Haskel and Westlake 2018). Corrado and Hulten (2010) show that the investment rate was
higher for tangible capital than intangible capital from 1973 to 1994. This relationship reversed so that the investment rate was higher for
intangible capital from 1995 to 2007. Lev (2018) extends the Corrado and Hulten assessment a decade, illustrating how the investment
rate for intangible capital remained higher than that of tangible capital through 2017. Spulber (2021, 43) finds that in 2018, “over 85
per cent of the value of the S&P 500 corporations is due to intangible assets.” In the United Kingdom, intangible capital investments
overtook tangible investments in the early 2000s. See Haskel and Westlake (2018, 24-25).
4 We do not include trade secrets in the report due to limited data on the use of trade secrets at the company or industry level.
U.S. Patent and Trademark Oce | Intellectual property and the U.S. economy: Third edition 1