Research On Technology Innovation Based On Pharmaceutical Patent Litigation

Pharmaceutical patent litigation strategy is one of the important contents and expressing form of the competitive strategy of pharmaceutical companies, and the litigation strategy plays an important role for companies to gain competitive advantage. Pharmaceutical companies can create a competitive advantage through technology innovation strategy planning, which respond to patent litigation demand. How to adjust the direction of technology innovation based on pharmaceutical patent litigation strategy, improve technology innovation efficiency, has become the major subject to be explored and solved.This thesis uses inter-external patent litigation strategy and technology innovation theory and the latest achievements of method research results for reference, with the character of pharmaceutical patent litigation and technology innovation, use nonparametric decomposition framework and actual cases to explore the pharmaceutical patent litigation strategy and the effect of patent litigation strategy on technology innovation. Based on the characteristic of pharmaceutical patent litigation, the present work uses real option method measuring the economic value of technology innovation through patent litigation strategy. Logic model was made to do empirical study on the quality of pharmaceutical patent legal system. The patent information was adopted to evaluate the legal stability of the pharmaceutical patent and provide reference to technology innovation, production transforming and patent application. Some suggestions about the patent litigation strategy were forwarded in order to improve technology innovation capability of domestic pharmaceuticals.After concluding theory system of pharmaceutical patent litigation strategy and institutional environment, this thesis finds:market competition, technology innovation and patent litigation formed the theoretical basis for technology innovation based on pharmaceutical patent litigation strategy. Drug approval, drug patenting and patent litigation, and are now legally linked through a novel form of ordering referred to as drug patent linkage. Pharmaceutical patent litigation strategy and technology innovation is based the drug patent linkage, this linkage also discriminate Pharmaceutical patent litigation strategy and technology innovation from other industries. Through the comparative analysis of drug patent linkage in USA, Canada and China, defects in our drug patent linkage has been point out. Based on this, the thesis gets the following innovative achievements:1. The thesis reveals various technology innovations and every type technology innovation includes different type drug patent. Disruptive technology innovation includes the new chemical entity patent. Imitative technology innovation includes the derivative of the new chemical entity patent, isomer patent, preparation technology patent, compound patent and new use patent. In addition, disruptive technology innovation is divided into incremental innovation and intersexual innovation. Incremental innovation includes the derivative of the new chemical entity patent, isomer patent and preparation technology patent. Intersexual innovation includes compound patent and new use patent. The most exclusiveness is the new chemical entity patent, the remaining patents are relatively weak.2. The impact of different kinds of patent litigation strategy adopted by the pharmaceutical companies on technology innovation path has been analyzed. On the one hand, Companies who adopt aggressive patent litigation strategy usually choose revolutionary Technology innovation path. In addition, the aggressive patent litigation strategy should be supplemented by the patent fence which formed by imitative innovation. On the other hand, imitative technology innovation path usually adopted by the companies choose defensive patent litigation strategy. These companies will turn to aggressive patent litigation strategy and revolutionary technology innovation path when they have rich experience in technology innovation and powerful strength in economy.3. The econometric method to evaluate the value of patent litigation has been forwarded. Economic value of the patent litigation is a major consideration for pharmaceutical companies to execute patent litigation strategy. The NPV (net present value), including such uncertainty characteristic of the patent litigation and some parameters for patent litigation decision making, is calculated using a methodology which combines real option theory and methods. Pharmaceutical companies should adopt technology innovation with more economic valuable. Legal quality of patent is another major factor that greatly affects how the companies execute the patent litigation strategy. Introduce a logistic regression equation that takes specific patent information as its argument and the patent litigation cases as the dependent variable to evaluate the legal quality of patent in pharmaceutical industry. As a point of reference, the assessment could help pharmaceutical companies to judge the stability of the legal quality of patent and execute the innovation strategy.4. Based on the theory analyze and empirical study results, this thesis provides suggestions to enhance pharmaceutical manufacturing technical innovation efficiency. That is to adopt imitative technology innovation based on defensive patent litigation strategy at present, objective to improving the process, optimizing the intermediate, improving the formulation, developing new ways for using patents about new biochemical molecules and building patent cluster strategy to counteract big pharmaceutical brands. When the primitive accumulation is done, domestic pharmaceutical industry will speed up the pace of technical innovation on new biochemical molecules and apply patent, execute revolutionary technology innovation path support by aggressive patent litigation strategy, gradually change from the large medical producing country into the technical innovation country based on the rapid development to high-tech.