中国省际专利竞争力比较研究

本文将专利竞争力划分为现实竞争力与潜在竞争力两个层次,从专利拥有、运营、保护、服务、投入、创造和管理七个方面构建专利竞争力指数,对中国省际专利竞争力进行测算,结果显示,中国现阶段区域专利竞争力总体水平不高,而且省际之间差距很大。本文将所选取的31个省、直辖市、自治区的专利竞争力划分为三类：第一类为现实竞争力和潜在竞争力均高于国内平均水平的地区,此类地区可通过打造服务助力型政府、激励企业丰富专利拥有和专利运用方式来提升专利竞争力;第二类为专利现实竞争力不强,但有较强的潜在竞争力的地区,此类地区的政府在培育专利竞争力方面应定位于规划、布局和引导,企业则应转变观念,树立专利是市场竞争有效武器的观念;第三类为专利现实竞争力和潜在竞争力均很弱的地区,此类地区需要主导推动型的政府来推动地区专利竞争力的提升。     

技术标准中的专利许可模式研究

文章概括介绍了世界上标准化组织在其技术标准中融入专利技术的状况,侧重探讨了技术标准中的专利许可的四种许可模式,分析了中国国家标准有关专利许可的规定,并提出了有益的建议。     

中国专利技术转让:状况与模式

基于全国技术市场年度统计报告和国家知识产权局等统计数据,分析了2006年以来中国专利技术转让的状况与转让的模式,研究发现,中国专利技术转让管理体制存在多重管理,专利转让在技术交易合同中所占的比重和转让效率都较低;转让人多是个人(占50%以上)和企业(占33%以上);发明专利的转让占主导地位;转让模式以实施许可转让为主,其中,独占许可又占绝大多数;高校专利转让在全国专利转让中占1/5以上的份额;涉外专利的转让效率低于全国平均水平。     

计算机软件的可专利性探析

如何对计算机软件提供充分而不过度的保护，这是各国立法选择和司法保护上的一个难题，也是一个国际性的问题。通过对计算机软件可专利性理论和实践的分析，可知计算机软件兼有专利权和著作权客体双重属性，并且软件专利保护优于著作权保护。本文从西方国家特别是美国对计算机软件法律保护的发展进程及其不同阶段的分析，提出了我国计算机软件专利保护的对策。     

Interplay between internal investment and alliance specialization in R&D and marketing

A firm's efforts to build its technological and marketing capabilities are not limited to internal investments but can be extended to include external knowledge acquisitions. We examine the interaction between a firm's specialization in R&D or marketing through its internal investments and its alliances in two different industrial contexts. Our results, based on secondary data sources such as Compustat and SDC Platinum from 1985 to 2009, show that the interaction effects of internal specialization and alliance specialization are contingent on the types of tasks (i.e., R&D and marketing) and the industrial context (i.e., high- and low-tech industries). Our findings indicate that a firm in a high-tech industry is able to achieve greater gains by complementing its internal focus on R&D with its external focus on marketing or by focusing on R&D both internally and externally. In contrast, a firm in a low-tech industry is able to achieve greater performance when R&D and marketing complement each other, without regard for how they are aligned through internal investments and alliances. The firm is also able to improve its performance by focusing on marketing both internally and externally. These findings provide new insights into the complementarity between internal investments and alliances.     

汽车产品再制造中的知识产权问题分析

汽车产品再制造是汽车工业发展循环经济的重要途径,是汽车工业可持续发展的必然选择。随着再制造产业的发展,原产品制造商与再制造商的利益冲突和知识产权冲突问题逐渐显现。明确再制造中的知识产权保护原则,平衡各方的利益,才能既鼓励创新,保护知识产权人的利益,又可以高效发展汽车再制造产业。     

The Impact of Omitting Promotion Variables on Simulation Experiments

Using store-level scanner data, elasticity matrices are estimated using a twotiered demand system. Two basic models are estimated, one with promotion variables and one without. Differences between the estimates across the two models are statistically significant. However, when the elasticities are used as 'inputs' into several simulation exercises, there are only small differences in merger effects and patent damage estimates.The results suggest that the differences are not 'economically' significant.     

What patents are used as collateral?—An empirical analysis of patent reassignment data

Only anecdotal evidence exists that ventures use patents as collateral to access debt financing. In this paper, we use a novel dataset on patent reassignments with a security interest to explore quantitatively what patents are used as collateral. We analyze characteristics of patents to disentangle whether it is the technology underlying a patent or the patent's exclusion right per se matters for collateralization. We do find empirical support only for technology-related characteristics, suggesting that lenders use patents to collateralize high-quality technology that can, in case of default, be redeployed to ventures in similar technology fields. On the other hand, patent-related characteristics like scope, which are, in general, related to patent value and are particularly important for non-practicing entities, do not matter.     

Global norm of national treatment for patent uncertainties: A longitudinal comparison between the US and China

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.     

Forecasting artificial intelligence on online customer assistance: Evidence from chatbot patents analysis

The main goal of this research is to provide a comprehensive understanding of the actual progresses in artificial intelligence, with emphasis on chatbots as emerging forms of customer assistance in online retailing. Drawing upon an analysis of the chatbot patents in the past 20 years, our findings show the increasing technology push towards the adoption of new conversational agents based on natural language. Findings also highlight the extent to which the research and development efforts are attempting to improve artificial intelligence systems that characterize chatbots. To this end, technology advancements are mainly focusing on: (i) improving chatbot ability to automatically draw inferences on users starting from multiple data sources, and (ii) using consumers’ knowledge adaptively to provide more customized solutions. Finally, results show the tight relationship between the digital assistants’ analytical skills and their ability to automatically interact with the users.