不同发展阶段下专利池创新的显著推动因素研究

以中国AVS专利池作为实证对象，研究不同发展阶段下专利池创新的显著推动因素。研究表明，政府政策支持在AVS专利池组建期和成长期成为推动创新的显著因素，由于技术标准架构下的专利池具有公共品属性，早期专利池需要政府介入以避免市场“失灵”，同时减少各企业“等待和观望”行为。由于竞争性技术MPEG-2专利池与AVS专利池的发展周期不同步，以及MPEG-2专利池专利逐步到期等原因，致使竞争性技术的发展在AVS专利池成长期成为显著推动因素，而在成熟期却与AVS专利池创新呈负相关关系。产业发展需求在AVS专利池成熟期成为显著推动因素，这时进一步推动产业链上下游企业支持使用专利池技术成为关键。

A research on the dominant promoting factors of patent pool innovation at different development stages

Factors of promoting patent pool dominate differently at different patent pool development stages.This factors include competitive technology development,industry development demand,government policy support,workgroup effort.Taking AVS patent pool as the empirical sample,this article studied the dominant factors of promoting patent pool innovation at different stages,including formation,growth and mature stage.The results show that government policy support is the dominant promoting factor at the stage of formation and growth.Patent pool based on technical standard has the trait of public goods.At the early stage,it is essential for government policy support to avoid market"failure"and reduce"waiting and seeing"of enterprises.In order to support the development of AVS,the Chinese government has established relevant institutions,major scientific research projects,and invested financial funds to help the AVS standard incubation.Key projects were set up in the Tenth Five-Year Plan and the National 863 Program to provide support and convenience for its technological research and development.In addition,the development cycle of the competitive technology MPEG-2 patent pool is not synchronized with the AVS patent pool,and the MPEG-2 patent pool patents are gradually expiring.Competitive technology development becomes the the dominant promoting factor at the growth stage,however,there is a negative relation between competitive technology and AVS innovation at the mature stage.Industrial development demand becomes the dominant promoting factor at the stage of maturity.Therefore,it is critical to further promote the use of patent pool technology by upstream and downstream enterprises in the industry chain.There is a strong correlation between the effort of the working group and government policy support.Collinearity problems occurred in the regression at each stage and variable of working group effort were eliminated,which fully shows that the advancement of the working group′s standardization work depends on government support.Based on the empirical research in this article,the following suggestions are given for the Chinese to build a patent pool of independent intellectual property rights.First of all,in response to the early market failure of the patent pool,the government needs to play a key role to promote the large scale adoption of patent pool technology by key"early bird"enterprises,in particular,promote state-owned enterprises to take the lead in adopting independent standards.At the same time,government public purchases should be strengthened to support independent standard products.Secondly,although foreign competitive technologies are relatively mature and have a short return on investment profits,their high patent fees have become a long-term hidden danger for Chinese companies.Therefore,in order to balance short-term and long-term interests,China′s independent patent pool should achieve overall compatibility with competitive technologies,and incorporate relevant equipment modification funds into the government′s overall planning to reduce investors′worries about adopting new standards.Finally,for some industrial chain links dominated by foreign companies,China needs to make full use of the huge domestic market demand conditions,actively persuade relevant foreign manufacturers to support independent standards,and build chip manufacturers,equipment manufacturers,operators,content providers,etc.The business ecosystem formed by enterprises helps the industrialization of independent standards.