专利联盟关系、竞争性学习与专利诉讼

Alliance ties within patent pools,competitive learning and patent lawsuits

专利联盟成员之间存在竞争性学习和专利诉讼现象,它们已成为现代高技术企业竞争的重要战略武器。专利联盟能否减少联盟伙伴专利诉讼攻击?竞争性学习在其中发挥着什么作用?本文以MPEG LA专利联盟12195组配对面板数据为样本,通过负二项回归模型研究专利联盟关系对专利诉讼攻击的影响机制,并利用依次检验回归系数法、调节路径分析法检验竞争性学习的中介效应。实证结果表明:专利联盟关系越强,遭受联盟伙伴专利诉讼攻击越激烈;关系持久度与遭受联盟伙伴专利诉讼攻击强度呈倒U型关系;竞争性学习不仅是专利联盟关系强度与专利诉讼的中介变量,也是关系持久度与专利诉讼的中介变量。本文为丰富专利联盟和专利诉讼理论提供了新的经验和证据,也有利于高技术企业利用专利联盟、开展联盟学习并降低联盟伙伴专利诉讼攻击。

There are phenomena of competitive learning and patent lawsuits among enterprises in the patent pools,which have become important strategic weapons for modern high-tech enterprises to compete.Can alliance ties within patent pools reduce the intensity of patent lawsuits between partners?What role does competitive learning play in it?Based on the panel data of 12,195 member pairs of MPEG LA,negative binomial regression model was used in this paper to analyze the influence mechanism of alliance ties within patent pools on patent lawsuits,while regression coefficient sequential test method and moderation path analysis method were used to test the mediating effect of competitive learning.The study findings showed that tie strength can influence the intensity of patent lawsuits positively,there is an inverted U-shaped relationship between tie duration and the intensity of patent lawsuits,competitive learning is a mediating variable not only between tie strength and intensity of patent lawsuits,but also between tie duration and intensity of patent lawsuits.This paper will provide new experience and evidence to enrich the theory of patent pool and litigation,and it is also beneficial for high-tech enterprises to utilize patent pools,conduct alliance learning,and reduce patent lawsuits from alliance partners.