关键词: 演化博弈, 专利诉讼, 时间策略, 诉讼时机, 诉讼时长, 科创板IPO

Abstract: The intense global patent litigation, especially opportunistic lawsuits, have a detrimental impact on the continuity and stability of corporate innovation, hindering the achievement of strategic goals for achieving high-level technological self-reliance and self-improvement. A thorough investigation into the timing strategies of patent litigation is conducive to elucidating the essence of strategic litigation in industrial practices, guiding patent litigation back to its fundamental purpose of protecting and incentivizing innovation. Therefore, building upon evolutionary game theory, this paper establishes a three-stage game model between patent-holding enterprises and those accused of patent infringement, which enables an analysis of the game dynamics and stable strategies of both parties. Moreover, it contextualizes the time strategies of patent litigation within the scenario of Star Market IPO. Additionally, utilizing Matlab software, it conducts a simulation to elucidate how pivotal factors influence the strategic behaviors of both parties in patent litigation. The research findings indicate the existence of evolutionarily stable equilibrium strategies in the behavioral games of both parties in patent litigation. The timing of litigation significantly impacts the game strategies of both parties, while the duration of litigation demonstrates a more moderate effect. Specifically, among factors related to litigation timing and duration, the influences of settlement fees, long-term litigation benefits, and significant indirect costs are particularly pronounced. Furthermore, as patent validity transitions from low to high, the effects of litigation timing and duration on the game strategies of both parties in patent litigation become more (less) pronounced. The discussion on the time strategy of patent litigation from the perspective of evolutionary game enriches and expands the literature on time and patent litigation, and has strong practical significance for guiding enterprises how to initiate or respond to strategic patent litigation.

Key words: evolutionary game, patent litigation, time strategy, litigation timing, litigation duration, star market IPO