近年来,通讯行业专利诉讼案件不断增加,非生产型企业在专利诉讼中扮演着重要角色,给相关企业造成了极大的损失。但是,对于专利权人发起专利诉讼的意愿和倾向,并无量化指标。本文通过定义专利诉讼倾向,测量通讯行业著名生产型企业和部分非生产型企业提起专利侵权诉讼的意愿和倾向。实证研究结果表明,非生产型企业的专利诉讼倾向远远高于生产型企业,专利诉讼倾向与产品类型、公司所在国家和诉讼持续时间等都有相关性。
The number of patent litigation in the telecommunication industry is sharply increasing in recent years. NPEs played an important role in the patent litigations and caused great damages to related manufacturing enterprises. However,there are no quantitative indicators to measure the enterprises' willingness to initiate patent litigation. This paper defines the patent litigation propensity of patent holders to assess some well- known enterprises in the telecommunication industry and some NPEs' willingness to initiate patent litigation. The results show that the NPEs' patent litigation propensity is greater than the productive enterprises and patent litigation propensity has a close relationship with product types of the enterprises,country of the enterprises and duration of relevant litigation.