The paper develops a model in which the spillover of R&D is a conseque
nce of a rational investment in imitation. The model incorporates the
innovator's choice between patenting and secrecy as a protection devic
e. The analysis demonstrates that an increase in patent breadth always
discourages resorting to secrecy, whereas the influence of increased
patent life is the opposite with large spillovers. An increase in pate
nt life can also reduce innovative activity with large spillovers. Und
er endogenous imitation, short patents are socially optimal.