摘要
专利战是利用政策法规漏洞,以打击商业对手、牟取商业利益为目的,围绕专利权属与使用展开的专利攻防行为;专利战兴起于美国,正向全球范围扩展蔓延,深刻影响产业竞争格局,成为全球专利体系面临的新问题、新挑战。面对全球专利战的风险挑战,以中国企业在美国、中国、德国、英国、印度遭遇的专利战为研究样本,运用定性比较分析开展实证研究。研究表明,随着专利战近年来的扩散蔓延,专利战演变出差异化的特征,可以划分为5种主要类型;不仅专利战的发起主体和攻击形态呈现出多元化的特征,而且专利战在新兴市场和成熟市场的类型和特征具有异质性。因此,为应对全球专利战的风险挑战,中国企业必须针对专利战类型,面对不同市场和专利战主体,采取差异化的防范应对策略。
Patent wars are aggressive and defensive behaviors around the ownership and utilization of patents by exploiting policy loop-holes,and the purpose is to attack commercial competitors and seek commercial benefits.Patents have played increasingly significant roles in economic growth and business operations.With deep exploration of patents'competitive value,patents have evolved from tra-ditional shields for protection intellectual property into competition tools.Patent war initiators provoke patent wars when their patent rights have not been infringed to attack commercial competitors.Patent wars deviate from the fundamental goal of the patent system to protect and stimulate innovation,and become new challenges for the global patent system.Chinese enterprises have frequently been at-tacked in global patent wars recently.It is necessary to leverage accumulated patent war cases to reveal types and features of patent wars encountered by Chinese enterprises,so as to provide management decision supports for preventing and addressing patent wars.Considering that qualitative comparative analysis(QCA)is suitable for comparative analysis of medium-sized samples,and ante-cedent conditions of patent wars may contain continuous variables,fsQCA is used to reveal types and main features of patent wars.The research framework for patent war types is constructed from three dimensions:outbreak markets,subject features,and process features.We select patent wars encountered by Chinese enterprises in the US,China,Germany,the UK and India as research samples.The sample data are collected through Darts-ip global intellectual property case database,followed by variable measurement and calibra-tion.On this basis,the necessity analysis for single conditions and sufficiency analysis for all conditions are carried out.Through con-figurational analyses of antecedent conditions,conditional configurations of patent wars are extracted to reveal types and features of pa-tent wars.The result shows that with the proliferation of patent wars in recent years,patent wars have exhibited differentiated features and can be categorized into five types,with diverse initiator types and attack forms.The result not only further corroborates those entities with stronger patent strength tend to initiate patent wars,but also reveals that entities with relatively weaker patent strength have become important initiators of patent wars.Patent wars have diversified attack forms,such as patent litigation or 337 investigations.Patent wars encountered by Chinese enterprises in emerging and mature markets are heterogeneous.The initiator types and attack forms vary markedly between these markets.Patent wars exhibit various patterns in different markets,which provide the scientific basis for preven-ting and addressing risks associated with global patent wars.The growing risk of patent wars should be prevented and addressed in both mature and emerging markets based on types and heter-ogeneity of patent wars.Chinese enterprises should implement differentiated strategies tailored to specific features of each market and types of patent war initiators.When operating in emerging markets,Chinese enterprises should not only guard against competitors with stronger patent strength,but also be wary of competitors with relatively weaker patent strength who may initiate protracted patent wars.NPEs have become important initiators of patent wars.As a result,Chinese enterprises should screen NPEs within their respective tech-nology sectors,monitor their patent operations and litigation activities,and conduct preemptive patent warning.Enhancing patent strength is the cornerstone of addressing patent wars.Accordingly,Chinese enterprises should proactively file patent applications in tar-get markets based on their business development plans,to establish the patent system for preventing and addressing patent wars.
作者
张米尔
刘喜美
张霖霖
ZHANG Mi-er;LIU Xi-mei;ZHANG Lin-lin(School of Economics and Management,Dalian University of Technology,Dalian 116023,China)
出处
《科学学研究》
北大核心
2025年第9期1900-1910,1937,共12页
Studies in Science of Science
基金
国家自然科学基金资助项目(72074042,72334007)。
关键词
专利战
新兴市场
成熟市场
类型研究
patent ware
merging market
mature market
type research
