Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

An Invalidity Strategy against Patent Barriers: Evidence from Chinese Enterprises

View through CrossRef
Abstract In the global trade market, patents evolve into strategic barriers to block overseas competitors. Patent invalidity proceeding, the acknowledged countermeasure, is nevertheless a double-edge sword. Drawing on a conjunction of resource-based view theory and synergy theory, an invalidity strategy for the foreign enterprises against the barriers is provided, i.e., challenging the infringed patent cooperatively. A mediated moderating model together with samples consisting of Inter Partes Review proceedings pertaining to Chinese enterprises spanning a time period from 2012 to 2020 are introduced to empirically examine the cooperative invalidity strategy. We show that the strategy is indeed effective. Further analyses demonstrate that a foreign enterprise would receive some higher odds of the patent being invalided when cooperating with an NPE/NPEs compared to a PE/PEs. Additionally, dynamic capability mediates the relationship between the strategy and the outcome of an invalidity proceeding while patent quality plays a moderating role. JEL Classification: O31; O34; K41
Title: An Invalidity Strategy against Patent Barriers: Evidence from Chinese Enterprises
Description:
Abstract In the global trade market, patents evolve into strategic barriers to block overseas competitors.
Patent invalidity proceeding, the acknowledged countermeasure, is nevertheless a double-edge sword.
Drawing on a conjunction of resource-based view theory and synergy theory, an invalidity strategy for the foreign enterprises against the barriers is provided, i.
e.
, challenging the infringed patent cooperatively.
A mediated moderating model together with samples consisting of Inter Partes Review proceedings pertaining to Chinese enterprises spanning a time period from 2012 to 2020 are introduced to empirically examine the cooperative invalidity strategy.
We show that the strategy is indeed effective.
Further analyses demonstrate that a foreign enterprise would receive some higher odds of the patent being invalided when cooperating with an NPE/NPEs compared to a PE/PEs.
Additionally, dynamic capability mediates the relationship between the strategy and the outcome of an invalidity proceeding while patent quality plays a moderating role.
JEL Classification: O31; O34; K41.

Related Results

Patent as Promise
Patent as Promise
<div> For patent law to serve its purpose of encouraging innovation, would-be inventors must believe that the government will honor its promise to protect their right to exc...
Contemporary Views on Economics of Patents
Contemporary Views on Economics of Patents
A patent is a legal right to exclude granted by the state to the inventor of a novel and useful invention. Much legal ink has been spilled on the meaning of these terms. “Novel” me...
Patent Monopoly-Protecting Your Ideas
Patent Monopoly-Protecting Your Ideas
Abstract For many companies and technical personnel in the petroleum industry, patents are a necessary part of doing business. In this paper, the monopoly provide...
How Patent Strategy Affects the Timing and Method of Patent Litigation Resolution
How Patent Strategy Affects the Timing and Method of Patent Litigation Resolution
Abstract Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by...
Evaluating the Science to Inform the Physical Activity Guidelines for Americans Midcourse Report
Evaluating the Science to Inform the Physical Activity Guidelines for Americans Midcourse Report
Abstract The Physical Activity Guidelines for Americans (Guidelines) advises older adults to be as active as possible. Yet, despite the well documented benefits of physical a...
Sāṃkhya on the Validity (prāmāṇya) and Invalidity (aprāmāṇya) of Cognition
Sāṃkhya on the Validity (prāmāṇya) and Invalidity (aprāmāṇya) of Cognition
One of the well-known polemics of Indian thought, in which many darśanas participated, is concerned with the problem of the validity (prāmāṇya) and invalidity (aprāmāṇya) of cogni...
Patent Law in Islamic Economics Challenges and Opportunities
Patent Law in Islamic Economics Challenges and Opportunities
One important way to protect intellectual property rights is to use patent law to encourage creativity and innovation. In Islamic economics, the application of patent law raises se...

Back to Top