Patent-Information Based Study on Patenting Behavior in China

There are continual debates between economists, management scholars, practitioners, policy makers, and legal system researchers about the efficiency of the patent system. It is only fair to say that contributions of patents to local economies are mixed am

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1 Research Premises: Patent System can Lead to Different Innovation Effect There are continual debates between economists, management scholars, practitioners, policy makers, and legal system researchers about the efficiency of the patent system. It is only fair to say that contributions of patents to local economies are mixed among different industrial sectors, geographical regions, and countries with different innovation encouraging policies.

1.1 1.1.1

Beneficiary of Patent System Which Kind of Technologies?

Previously reported research findings have shown patent’s contribution to vertical specialization (Nakamura and Odagiri 20031; Arora and Merges 20042), i.e. innovation along the current technology path, especially in those industrial sectors where patent protection proves to be more effective, such as in chemical and pharmaceutical sectors. Such path-dependent technology diffusion can be

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Nakamura, K., Odagiri, H., Determinants of R&D Boundaries of the Firm: An Empirical Study of Commissioned R&D, Joint R&D, and Licensing with Japanese Company Data. NISTEP, Discussion Paper No.32, 2003. 2 Arora, A., Merges, R.P., Specialized supply firms, property rights and firm boundaries, 13 Industrial and Corporate Change(3) 2004,451–475. X. Chen (*) • S. Song • X. Liu • G. Zhang The School of Economics and Management, Beihang University, Beijing, China e-mail: [email protected] © Springer Science+Business Media Singapore 2016 K.-C. Liu, U.S. Racherla (eds.), Innovation and IPRs in China and India, China-EU Law Series 4, DOI 10.1007/978-981-10-0406-3_9

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characterized as incremental, different from other less path-dependent inventions. Therefore, the patent system might be more important in the diffusion of pathdependent technology.

1.1.2

Which Kinds of Sectors?

Research shows that the effects of patent system vary by industrial sector. While some sectors may be considered as patent intensive (such as pharmaceutical industries), some others may be not. In fact, industrial-based patent system study is one of the key issues in international patent study communities, the important work on technology classification (OECD Technology Concordance, OTC 2002) to match IPC areas in patent system with different industries can be used as an important guidance for detailed investigation among those industries as sourcing sectors and others as adoptions in terms of so called technology flow matrix. Moreover, company size in different sectors can also be affected by different patent system and strength of the legislative power. SMEs may suffer from heavier patent control and monopolistic power in specific sectors, which is attributable to the strong commercial strategic function of patent owners (MacDonald).3

1.1.3

Which Kind of Countries in Terms of Innovation Promotion Policies?

Although patented technologies are considered important for different types of innovation, there are also studies that challenge the positive function of the patent system in terms of innovation diffusion and welfare acr