A study of 4,198 Italian family-owned SMEs finds a U-shaped relationship between family ownership and patenting: firms with low or high ownership patent more, while mid-ownership firms hesitate.
Patents are a strategic asset. They protect inventions from imitation, create licensing revenue, and signal innovation capability to investors and partners. For most firms, the decision to patent is a relatively straightforward weighing of costs against expected returns. For family firms, the calculation is more complex. Patenting requires disclosure, external validation, and often the involvement of outside advisors—actions that can feel at odds with the discretion, autonomy, and control that family owners value most.
This study examines how family ownership shapes patenting behavior, and finds that the relationship is not linear. Using data from 4,198 Italian small and medium-sized enterprises in high- and medium-tech mechanical sectors, the authors identify a U-shaped pattern: firms with very low or very high family ownership are more likely to patent, while firms in the middle range hesitate. The environment in which the firm operates sharpens or softens this pattern.
The data came from the ORBIS database, covering patent applications filed between 2007 and 2011. The sample focused on Italian SMEs in the mechanical industry—an innovation-intensive, export-driven sector where patenting matters for competitive positioning. Key variables included the degree of family ownership (as a proxy for socioemotional wealth concerns), firm age and size, R&D spending, internationalization, industry competition, and a contextual moderator: environmental munificence, which captures the level of resource availability in the firm’s external environment.
The theoretical framework is the Behavioral Agency Model and its "mixed gamble" logic. This framework explains how family firms weigh the trade-off between preserving current socioemotional wealth—identity, control, reputation, continuity—and pursuing future financial gains. Patenting sits at the center of this trade-off because it promises financial upside but requires actions that can feel threatening to the non-financial stakes families care about.
Firms with low-to-moderate family ownership are less likely to patent. At these levels, family control is contested or incomplete. The perceived risks to socioemotional wealth—loss of control, exposure of proprietary knowledge, reputational scrutiny—outweigh the potential financial benefits. The family plays defensively. Firms with high family ownership, typically above 73%, are more likely to patent. At this level, family control is secure, and patenting becomes a way to extend that control rather than threaten it. The U-shape reconciles earlier conflicting findings: patenting behavior does not follow a simple linear relationship with family influence. It depends on whether the family feels its position is secure enough to take the risk.
A patent generates revenue through exclusivity, licensing, and investor interest. For family firms, it also carries emotional weight. Filing a patent can expose trade secrets, require outside legal and technical expertise, and demand procedural transparency that conflicts with the discretion many family firms prize. At lower ownership levels, these emotional costs dominate. At higher ownership levels, families can reframe patents as legacy investments—mechanisms to protect what they have built for the next generation rather than threats to what they currently hold.
The external environment shapes how strongly the pattern operates. In resource-scarce environments—where industry margins are tight and competition is fierce—family firms at moderate ownership levels become even more reluctant to patent. The perceived risks loom larger when survival is at stake. But firms with high family ownership in the same scarce environments patent more aggressively, using intellectual property protection as a competitive weapon. In resource-rich environments, the effects are muted. Opportunities are plentiful, competitive pressure is lower, and families can afford to preserve traditional modes of operating without patenting intensively.
Family firms that avoid patenting are not necessarily behind on innovation. They are often calculating—consciously or not—that the socioemotional costs of disclosure and external involvement outweigh the financial returns. Recognizing this as a legitimate factor in strategic choice, rather than treating it as risk aversion to be overcome, leads to better decisions about when patenting is worth the trade-off.
The mid-range of family ownership (roughly 30–70%) is where hesitation is strongest. Families operating in this range should be aware that the discomfort they feel about patenting may reflect their ownership structure rather than the intrinsic merits of the decision. Consolidating ownership or clarifying control dynamics can make patenting feel less threatening.
In resource-scarce, competitive sectors, patenting can be a survival tool for firms with concentrated family control. In resource-rich environments, the case for patenting is weaker, and traditional modes of competing on quality, relationship, or reputation may serve the firm well. One-size-fits-all patenting advice misses this contextual variation.
This study advances the Behavioral Agency Model by showing that the mixed-gamble logic applies to intellectual property decisions with a clear empirical pattern. The U-shaped relationship resolves a long-standing puzzle in family business research, where prior studies had produced conflicting results on whether family ownership encourages or discourages patenting. The answer depends on where the family sits on the ownership spectrum and what kind of environment the firm operates in. For practitioners, the contribution is a vocabulary for understanding why family firms behave the way they do around intellectual property—and a framework for recognizing when the socioemotional calculus is working for or against the firm’s strategic interests.

CeFEO counts more than 50 scholars and 30 affiliated researchers. Several studies and reports have consistently identified CeFEO as a leading research environment worldwide in the area of ownership and family business studies.
This research project, has been co-authored by the following CeFEO Members.
Spotlight highlights research-based findings only. If you’re interested in exploring this project further or delving into the theoretical and methodological details, we encourage you to contact the authors or read the full article for a comprehensive understanding.

Chirico, F., Criaco, G., Baù, M., Naldi, L., Gomez-Mejia, L. R., & Kotlar, J. (2020). To patent or not to patent: That is the question. Intellectual property protection in family firms. Entrepreneurship Theory and Practice, 44(2), 339–367.
https://doi.org/10.1177/1042258718806251

Spotlight is an innovative online family business magazine designed to bridge the gap between cutting-edge research and the real-world needs of practitioners, owners, and policymakers. Drawing on the latest findings from the Centre for Family Entrepreneurship and Ownership (CeFEO) at Jönköping International Business School, Spotlight delivers insightful, accessible summaries of key research topics. Our mission is to keep the family business community informed and empowered by offering actionable insights, expert analyses, and forward-thinking strategies that enhance business leadership and ownership practices for long-term success.
Spotlight is generously supported by the WIFU Foundation, which promotes research, education, and dialogue in the field of family business. This partnership enables us to continue bridging academic insights and real-world practice for the advancement of responsible family entrepreneurship and ownership.

CeFEO counts more than 50 scholars and 30 affiliated researchers. Several studies and reports have consistently identified CeFEO as a leading research environment worldwide in the area of ownership and family business studies. This research project, has been co-authored by the following CeFEO Members.
Spotlight highlights research-based findings only. If you’re interested in exploring this project further or delving into the theoretical and methodological details, we encourage you to contact the authors or read the full article for a comprehensive understanding.

Chirico, F., Criaco, G., Baù, M., Naldi, L., Gomez-Mejia, L. R., & Kotlar, J. (2020). To patent or not to patent: That is the question. Intellectual property protection in family firms. Entrepreneurship Theory and Practice, 44(2), 339–367.
https://doi.org/10.1177/1042258718806251

Spotlight is an innovative, AI-powered, online family business magazine designed to bridge the gap between cutting-edge research and the real-world needs of practitioners, owners, and policymakers. Drawing on the latest findings from the Centre for Family Entrepreneurship and Ownership (CeFEO) at Jönköping International Business School, Spotlight delivers insightful, accessible summaries of key research topics. Our mission is to keep the family business community informed and empowered by offering actionable insights, expert analyses, and forward-thinking strategies that enhance business leadership and ownership practices for long-term success.
Spotlight is generously supported by the WIFU Foundation, which promotes research, education, and dialogue in the field of family business. This partnership enables us to continue bridging academic insights and real-world practice for the advancement of responsible family entrepreneurship and ownership.