专利诉讼的网络分析及主体类型研究

Network analysis and subject type study of patent litigations

近年来,专利诉讼呈现快速增长的态势,深刻影响着技术创新和产业竞争的格局。以智能手机产业为研究样本,运用社会网络分析方法,研究揭示诉讼主体间的复杂关系,比较分析诉讼主体的差异;在此基础上,采用层次聚类分析方法,定量分析诉讼主体的关键特征,并对诉讼主体进行类型划分。研究表明,诉讼主体在起诉频度、被诉频度和网络位置等方面存在显著差异,据此可以划分为四种类型,在领先企业和追赶企业以外,还存在两类被忽视的诉讼主体,主要为从事专利运营的专业机构;应对专利诉讼不但要重视传统的行业竞争者,而且要高度警惕以上非传统的诉讼主体。

In recent years,patent litigations have increased rapidly,which has a profound impact on technology innovation and industry competition. Taking Smartphone industry as a research sample,the method of social network analysis is employed to reveal the complex relationship between litigation subjects,and the differences of litigation subjects are compared and analyzed.Then hierarchical cluster analysis is used to analyze the key features of litigation subjects quantitatively,and the types of litigation subjects are classified. The results reveal that litigation subjects show significant differences in the frequency of prosecuting and prosecuted,as well as network location. Litigation subjects are classified into four types accordingly. Besides leading enterprises and catch- up ones,there are two ignored litigation subjects,which are mainly professional organizations specializing in patent operation. Not only traditional industry competitors but also non- traditional litigation subjects mentioned above should be paid higher attention in dealing with patent litigations.