Patent enforcement strategies in the United States: An integrative framework

Growing international commerce in high technology products has increased the potential for cross border patent disputes. However, there is no consensus regarding the nature, structure and change of patent disputes in the context of international competition. Although patent protection is intended to promise a unifying measure of commercial protection, entrepreneurial practices may influence its efficiency. Investigations into how patent enforcement functions effectively and what drives competitors' decision to litigate are called for. This paper develops theories concerning the theoretical evolution of strategic management in patent enforcement from a firms' strategic international context. This paper begins with a literature review and discussions of previous empirical studies dealing with patent enforcement strategies and a framework is proposed. Cross-border trade disputes are highlighted and insights from various empirical studies are synthesized into an integrative framework that addresses the cost of litigation, characteristics of patentees, value of patent and innovation activities, and the development of six testable propositions.