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当前许多重要的高科技产业中出现了严重的专利丛林问题,使新技术的商业化进程受到阻碍。从产生与发展、经济影响和度量方法等几个角度,较全面地分析了专利丛林问题,得到以下几点主要结论。首先,说明专利丛林产生的根本原因是当前技术复杂化趋势;专利丛林问题是一个自我繁殖、强化的系统,个体的理性应对会造成进一步严重化的结果;专利丛林的蔓延已在多个方面体现出来。其次,由博弈模型得出专利丛林的经济影响为,在事前会抑制研发投资,在事后会放大专利权人的垄断力量,削弱市场竞争并损害社会福利,由此对市场效率产生很强的负面作用。再其次,评介了片段化指标、网络密度与三角阻碍等3种专利丛林度量方法,通过算例说明其核心算法,进而讨论了这些方法在进一步实证研究中如何应用。最后,简要概括了相关研究的发展,以及专利丛林问题的对策。
In many important high-tech industries today, serious patent jungle problems have emerged, hindering the commercialization of new technologies. From several aspects, such as production and development, economic influence and measurement methods, the paper analyzes the issue of patent jungle more comprehensively and obtains the following main conclusions. First of all, it shows that the root cause of the patent jungle is the current trend of technology complication. The issue of the patent jungle is a system of self-reproduction and enhancement, and the individual's rational response will result in further serious consequences. The spread of the patent jungle has been manifested in many aspects come out. Second, from the game model, we can conclude that the economic impact of the patent jungle is that inhibiting R & D investment in advance and magnifying the patentee's monopoly power later will weaken the market competition and damage social welfare, thus resulting in a very negative market efficiency effect. Thirdly, we reviewed three methods of patent jungle, such as fragmentation index, network density and triangle block, etc., and illustrated their core algorithms through examples. Then we discussed how these methods can be applied in further empirical research. Finally, a brief summary of the development of related research, as well as the policy of the patent jungle.