Global norm of national treatment for patent uncertainties: A longitudinal comparison between the US and China |
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| Institution: | 1. School of Business, Trinity University,One Trinity Place, San Antonio, Texas, TX78212, USA;2. Department of Management Science and Statistics, College of Business, University of Texas at San Antonio, One UTSA Circle, San Antonio, Texas, TX78249, USA;1. Ivey Business School, Western University Canada, 1255 Western Road, London, ON N6G 0N1, Canada;2. siTechnologygroup, Inc., 213 Bournemouth Drive, London, ON N5V 4S8, Canada;3. University of Calgary, 2500 University Dr NW, Calgary, AB T2N 1N4, Canada;1. University Of Sussex, Jubilee Building, Brighton BN1 9SL, United Kingdom;2. School of Business and Law, University of Agder, Kristiansand, Norway;3. Research Institute of Industrial Economics, Stockholm and Knut Wicksell Centre for Financial Studies, Lund University, Sweden;1. Stockholm School of Economics, Box 6501, 11383 Stockholm, Sweden;2. Uppsala University, Box 513, S-75120, Uppsala, Sweden;3. Aalto University School of Business, P. O Box 21210, 00076 Aalto, Finland;4. Chinese University of Hong Kong, Hong Kong;1. The University of Akron, Department of Management, College of Business Administration, 259 South Broadway, Akron, OH 44325, United States;2. Lehigh University, Department of Management, College of Business and Economics, 621 Taylor Street, Bethlehem, PA 18015, United States |
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| Abstract: | Sporadic studies on the global norm of national treatment for patent uncertainties (NTPU) urge for insights of changes as well as for clarification to discrepancy. This global norm has been a concern for policy makers and practitioners for over a century, as a socially and strategically more significant matter than before for multilateral cooperation given the active technology transfer across borders. To fill in the void and extend prior studies, we examine the global compliance of NTPU from the perspective of patent pendency and granting by addressing three relevant questions: (1) Is NTPU upheld within countries? (2) How does NTPU diverge across countries? (3) How does NTPU change, as an outcome, over time? Based on the institutional theory, lagged regression modeling and longitudinal comparison of US and Chinese patenting, our findings reveal that: (1) NTPU is overall upheld because equality in pendency is demonstrated in both countries and in US granting, and foreigners are even favored for Chinese granting. (2) NTPU is comparatively divergent between the countries in pendency and granting due to national variations. (3) Regressive and progressive changes in NTPU are evidenced since both countries provide equal or higher granting, but longer pendency than before. Our findings contribute to theories by providing new insights to the global norm of national treatment and institutional theory from the perspective of patent uncertainties. We make novel empirical contribution to address NTPU changes of the top patent filing countries and methodological contribution to the longitudinal comparative study. The results also provide implications that concern policy makers and practitioners to handle patent uncertainties across borders. |
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| Keywords: | Global norm National treatment Patent pendency Patent system Patent granting Patent uncertainty Institutions |
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