| Due to economic globalization and digital development,the external business environment has rapidly reshaped the strategic pattern of enterprises.Key resources such as patents have evolved from marginal roles supporting product market competition into the axis and strategic weapons of enterprise competition.At the same time,with the acceleration of technological standardization process,Patent and technology standard which is formed by the fusion of essential patents in accumulative innovation as the characteristics of the communications industry also shows a tendency of the rapid growth,the resulting permission fees injustice,hijacking of patents and other intellectual property dispute is more frequent,at this point,the patent litigation of offensive and defensive characteristics make it a strategic competitive tool,it not only can help enterprises to establish isolation mechanism,Moreover,information externalities can be used to shape strong reputation advantages,deter competitors and gain reputation spillover benefits.And various enterprises "patent war" between the characteristics of more attached to the standard essential patents of unique market position and the technical and economic value,therefore,this article will standard essential patents and patent litigation,select a representative company in the field of communication as the research scope,will help to clarify the relationship between the standard essential patents and patent litigation,It provides important enlightenment for relevant enterprises to better protect the innovation income brought by technology research and development and avoid litigation risk.Firstly,this paper systematically combs the relevant research on patent litigation and standard essential patents,and finds that there are few literatures discussing the relationship between the increase of standard essential patents and the emergence of a large number of patent litigation from the perspective of enterprises,so the content and method of the research are determined.Second standard essential patents are analyzed theoretically for the effects of patent litigation mechanism and competitive advantages in the different technology,the industrial location of heterogeneity in the enterprise,and the sales revenue as regulating variable regulating effect mechanism is analyzed,at the same time,also from the trend of the time,the Angle of enterprises,technology,distribution present situation has carried on the statistical analysis,Finally,the paper empirically studies the effect of standard essential patents on patent litigation by using multiple regression fixed effects model.The results show that,from the whole sample,the increase of standard essential patents not only increases the probability of plaintiff’s lawsuit,but also increases the risk of being sued,and sales income has a significant positive moderating effect on the relationship between the two.From the technology level of enterprises,the increasing of standard essential patents leads to the increase of plaintiff’s litigation probability and defendant’s litigation risk,which are more prominent in technology leading enterprises.From the position of enterprise industry chain,the upstream enterprises show a greater tendency of plaintiff litigation,while the downstream enterprises show a higher risk of being sued.From the perspective of the degree of integration,the increase of standard essential patents is more likely to lead to the increase of the risk of being sued by integrated enterprises,which is different from that of non-integrated enterprises.However,there is no obvious difference in the impact of the two types of enterprises on the probability of plaintiff’s lawsuit.Finally,based on the above analysis,countermeasures and suggestions are put forward on how to better avoid litigation risks and make full use of the economic value of standard essential patents. |
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