科研管理 ›› 2024, Vol. 45 ›› Issue (2): 189-199.DOI: 10.19571/j.cnki.1000-2995.2024.02.019

• 论文 • 上一篇    下一篇

专利诉讼、高管团队创新注意力与企业创新——基于诉讼事件属性的二次调节作用

操友根,任声策,杜梅   

  1. 同济大学上海国际知识产权学院,上海200092
  • 收稿日期:2022-07-25 修回日期:2023-09-04 出版日期:2024-02-20 发布日期:2024-01-23
  • 通讯作者: 任声策
  • 基金资助:
    国家自然科学基金项目:“竞争互动视角下企业专利诉讼的时间策略选择机理研究”(72072129,2021.01.01—2024.12.31);中央高校基本科研业务费专项资金资助项目:“支撑和引领新发展格局的高质量创新研究”(22120210242,2021.01.01—2024.12.31)。

Patent litigation, TMT′s innovation attention and corporate innovation: The secondary moderating effect based on the attributes of litigation events

Cao Yougen, Ren Shengce, Du Mei   

  1. Shanghai International College of Intellectual Property, Tongji University, Shanghai 200092, China
  • Received:2022-07-25 Revised:2023-09-04 Online:2024-02-20 Published:2024-01-23

摘要:       持续创新是企业在动态竞争环境中维持长期竞争优势的关键,然而,日益频发的专利侵权诉讼对企业创新稳定性造成重大影响。既有文献主要研究专利侵权诉讼与企业创新的直接关系,缺乏对其影响机制的探索。基于此,本文引入动态竞争视角,整合注意力基础观和事件系统理论,以中国沪深两市2012至2016年间1302家A股制造业上市企业为研究对象,使用层次回归分析法深入探究发明专利侵权诉讼与被诉企业创新之间的逻辑关系。研究发现,发明专利侵权诉讼对被诉企业创新投入具有正向影响;高管团队创新注意力在发明专利侵权诉讼与被诉企业创新投入关系中起负向调节作用,同时随着专利诉讼的事件属性越突出——颠覆性越大、诉讼时机越关键、诉讼时长越持久,高管团队创新注意力对发明专利侵权诉讼与被诉企业创新投入关系间的负向调节作用将被削弱。研究从内部决策者视角与外部事件属性层面揭示竞争互动中专利侵权诉讼影响被诉企业创新的边界范围,超越既有文献对二者关系的直接验证,并为理解动态竞争中企业创新的决策及其规律性提供更加契合的理论框架和逻辑参考。

关键词: 动态竞争, 事件系统, 专利诉讼, 高管团队创新注意力, 创新投入

Abstract:     In the complex and fast-changing business environment and increasingly fierce dynamic competition, continuous innovation is of great significance to the long-term success and competitive advantage of enterprises. With the accelerated tightening of China′s intellectual property legal system and strengthening of patent enforcement, patent litigation has gone beyond the scope of legal protection, reflecting competition intentions and becoming a strategic weapon for competition among enterprises. Under the background that strengthening technological innovation and strategic use of patent litigation has become an effective way for enterprises to obtain sustainable competitive advantages, exploring the influencing factors and regularity of corporate technological innovation decision-making has gradually become an important common topic in the academia and practice communities. Scholars have conducted many empirical studies on the relationship between patent litigation and corporate innovation, but the existing research has not formed a consistent conclusion on the relationship between the two. Moreover, they mainly explore the direct impact of patent litigation on corporate innovation from the resource-based perspective, and lack of investigation based on the dynamic competition.This paper introduced the perspective of dynamic competition, integrated the attention-based view and event system theory, and took 1302 listed manufacturing enterprises in China′s Shanghai and Shenzhen stock markets from 2012 to 2016 as the research object, and deeply explored the relationship between invention patent litigation and the accused enterprise′s innovation, intending to focus on the following three questions: first, different from developed countries, in the context of China, what is the relationship between invention patent litigation and the accused enterprise′s innovation; second, whether the top management team (TMT)′s innovation attention can moderate the relationship between invention patent litigation and the accused enterprise′s innovation; and third, whether the attributes of patent litigation event affect the moderating role of the TMT′s innovation attention on the relationship between invention patent litigation and the accused enterprise′s innovation.This paper drew main conclusions as follows. First, invention patent litigation has a significant positive impact on the accused enterprise′s innovation investment. Second, the TMT′s innovation attention plays a negative moderating role in the relationship between invention patent litigation and the accused enterprise′s innovation investment. Third, as patent litigation events become more prominent—the greater the disruption, the more critical the litigation timing, and the longer the litigation duration, the negative moderating effect of the TMT′s innovation attention on the relationship between invention patent litigation and the accused enterprise′s innovation investment will be weakened.This paper has two theoretical contributions. First, exploring the boundary effect of invention patent litigation on the accused enterprise′s innovation from the perspective of dynamic competition is conducive to deepening understanding of the impact of patent litigation on the accused enterprise′s innovation decision-making, and enriching the theoretical basis of the relationship between litigation and innovation. Further, this paper also revealed the conditions under which patent litigation will promote or inhibit the accused enterprise′s innovation, which is conducive to the fusion of opposing views in the research on the relationship between litigation and innovation. Second, this paper introduced the attention-based view and event system theory, focused on the TMT′s innovation attention and the attributes of patent litigation event, and then expanded the logic that patent litigation affects corporate innovation decision-making, thus promoting the research on litigation and innovation from the level of overall characteristics to the level of internal decision makers and the attributes of patent litigation event. Finally, from practice, this paper will provide a more appropriate theoretical framework and logical reference for understanding corporate patent litigation and innovation.

Key words: dynamic competition, event system, patent litigation, TMT innovation attention, innovation input

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