Various patterns in different markets: Research on patent war types in the perspective of Chinese enterprises

异域殊途:中国企业视角的专利战类型研究

Abstract

Patent warfare is a series of offensive and defensive actions centered around patent ownership and use, aimed at attacking business rivals and gaining commercial benefits by exploiting loopholes in policies and regulations. Originating in the United States, patent warfare is spreading globally, profoundly impacting the competitive landscape of industries and becoming a new problem and challenge for the global patent system. Facing the risks and challenges of global patent warfare, this study uses patent wars encountered by Chinese companies in the United States, China, Germany, the United Kingdom, and India as research samples, employing qualitative comparative analysis to conduct empirical research. The research shows that with the spread of patent warfare in recent years, it has evolved into differentiated characteristics, which can be divided into five main types. Not only are the initiators and attack methods of patent wars diversified, but the types and characteristics of patent wars also exhibit heterogeneity in emerging and mature markets. Therefore, to cope with the risks and challenges of global patent warfare, Chinese companies must adopt differentiated prevention and response strategies based on the type of patent war and the different markets and patent war actors.