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不同知识产权制度下的搜索与专利策略

Strategies of search and patenting under different IPR regimes

Industrial and Corporate Change · 2025
被引 0
人大 BABS 3

中文导读

构建了一个模拟模型,研究企业在不同知识产权制度下如何改变专利策略,从保护发明转向利用专利进行竞争和议价,分析了三种策略:保护发明、保护技术空间和攻击他人技术空间。

Abstract

Abstract Many scholars observed changes in the intellectual property right (IPR) systems throughout the world in the 1980s and 1990s. Patent systems in particular seemed to be expanding their scope, and the legal system seemed to be changing its attitudes toward IPRs generally. At the same time, and probably in response, firms started to change their patenting behaviour—treating patents as tools of competition and bargaining rather than as a means to protect the fruits of intellectual labour. In this paper we present a simulation model that can be used to discuss that shift. Firms search for new technologies and patent what they find. But different firms have different strategies: one is to protect an invention; a second is to protect a technology space; the third is to attack others’ technology spaces. In the literature the latter two have been described as different types of blocking. We examine different IPR regimes, characterized by who is able to infringe whose patent rights. This is an extreme case of who is able to extract rents from a given configuration of patent rights.

知识产权专利策略企业竞争模拟模型