By Dr.Chen zhaohui

Paperback: 336 pages

Publisher: Intellectual Property Publishing House (IPPH); First edition (January, 2014)

Language: Chinese     ISBN: 978-7-5130-2465-5

About the Author：Professor Chen zhaohui teaches at the School ofBusiness at Guangxi University of Science &Technology. He has a PhD (management)from Huazhong University of Science & Technology.

His research onthe economics of innovation, intellectual property, patent strategy.

Contact email: chance168@163.com

Abstract

The activities of enterprise patent commercializationin Chinaare still at an initial stage, which havingobtained certain development.Yetthere are still some defects, which exist in realization logic, incentive mechanismand implementation pattern of commercializing patent. It is difficult forpatent commercialization to play its role in accelerating technology innovationand enhancing competitive superiority, to further promote realizing IPstrategy.

In this book, based on the opinions on thenatures of patent and the meaning of enterprise patent commercialization, theaffects on patent commercialization from patent strategy and patent motives arefirstly analyzed, followed by a discussion of the realization mechanism, themode construction, the incentive framework and the main model for commercializinga patent. By means of theoretical research and case study, the following conclusionsare drawn.

Firstly, the meanings of patent value andpatent commercialization are analyzed. Patent value meansthe value embodimentof patent in the business area, and the patent value can be divided into threetypes:technological value, economic value and strategic value. Enterprise patent commercialization means thebusiness active process of how to realize patent value, which is the course to seek,to mine and to add the value of patent. The market participant in commercializinga patent is all kinds of enterprises, what they want is to trying to realizethe patent value of three types. One of the most important differences betweenpatent commercialization and general technology commercialization is the roleof the patent monopoly which utilized in commercialization.

Secondly, the phenomenon of “patent sleeping”, “patent thicket” and “patent paradox are firstly analyzed,

followed by adiscussion of patent motives. It is found that the motives of patent are theinner drivers which induce and maintain the patent activities, and impel these activitiesto its target; the patent behavior is just the external expression of patentmotives. The motives of patent can be divided into three types: protection motive,economic motive and strategic motive. The more complicated formation conditionof patent motives, the more enhanced strategy of patent motives, and the moresame characteristics showed in patent behavior of the enterprises.

Thirdly, the incentive framework of “Patent Monopoly Rights ”and “Market Exclusivity Rights” in enterprise

commercializing patent is established. The currentpatent system encourages the research and the application of patent. In twoaspects of the system and market, the purpose to speed up the production ofpatent, which provided via the mechanism of legal protection of granted patentand the Exclusive Marketing Rights given to the patent owner within a certainperiod of time,  does not lead to asignificant effect on commercialization.The principle of Prospect Theory emphasesthe ex post commercialization protection has its incentive value, which reducesthe uncertainty during the commercialization, and encourages thecommercialization of patent.

At last, the model ofenterprise patent commercialization is obtained based on the analysis of somenecessary factors, which includes patent value, patent motives, complementaryassets and business modes. In two perspectives of the product-oriented and the technology-oriented, the model can be combined by five modes:

Vertical Integration,Venture, Patent Portfolio, Licensing and Standardization. And some necessaryfactors of the process are analyzed.