Patent is a very important asset in intellectual property rights that play a very important role in the global knowledge economy. Patents protects technology knowledge for inventors, along with the rapid development of the knowledge economy, patent disputed become an unavoidable legal process. Patent litigation need to rely on expensive funds to resolve the disputed. Therefore, litigated patents are assessed to have high value that it is higher than non-litigated patent.
The United States is an important economic market in the world that reflecting many countries applied patent in the U.S. for protection their product development of patent right in the U.S. market. It casus patent disputes as litigated patent and non-litigated patent. On the other hand, patent disputed happened from import product in international trade that the patent disputes is ITC patent and non-ITC patent. In this study, downloaded utility patent from 1976 to 2012 all patents and compared characteristics between litigated patent and non-litigated patent, ITC patent and non-ITC patent, litigated patent and ITC patent.
This study analyze characteristic differences of disputed patent for several levels: (1) to analyze influencing of 11 significant characteristics for patent, (2) to analyze differences of patent characteristic for different assignee types, (3) to analyze differences of industrial classification, (4) to analyze differences of four significant influencing for patent litigation: “Reference”, “Patent Received”, “Claim”, “Foreign Patent”, (5) to calculate the regression model for litigated patent and ITC patent that the model can be used to predict litigation probability.
U.S. patent database on the technical development process has data integrity, rich and diverse applying countries. This research analyze sample and calculate litigation probability of patent. It can help levels of countries, industries and enterprises and assignee types to assess patent value, identify potential high-value patent, help decision-making for R&D, evaluate investment effectiveness etc.