Patent‐backed securities in pharmaceuticals: what determines success or failure?

Recently, there has been growing interest in new financial tools that leverage on intellectual property assets, such as patent‐backed securitizations (PBSs). In this paper we study the potential determinants leading to the success or failure of securitization deals having patents as underlying assets. We develop a conceptual framework that we test on two well‐known US patent securitization deals in the pharmaceutical industry, by using a fuzzy set approach. Results highlight that factors related to the market size, level of competition and expected market life of the assets underlying a PBS can reasonably increase the probability that a deal will succeed. Moreover, a higher quality of the underlying invention and longer patent residual life are likely to reduce the risk of technical obsolescence and sales losses. Finally, the strength of the credit enhancement mechanisms, the flexibility of the deal architecture and the adoption of a diversification strategy are other key factors determining the success of the securitization.

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