影響研究機構選擇專利或營業秘密保護研發成果之因素研究

The Study of the Influential Factors for Choosing Protection Mode for R&D Results between Patent and Trade Secret in Research Institutes

耿筠(Yun Ken)

《管理學報》 21卷2期 (2004/04) Pp. 199-211

https://doi.org/10.6504/JOM.2004.21.02.03

摘要

我國產業技術發展的情況與其他國家有所不同。在科技政策中最明顯不同的是，對於策略性產業之技術發展非常依賴研究機構，例如工業技術研究院，每年執行了政府數十億台幣的預算，為公共部門研發大餅中最大的一塊。這些研究機構的預算主要來自於政府，少部分來自於私人企業，其目的是產生一些可以移轉的新技術。本研究主要之目的是在研究影響這些機構選擇專利或是營業秘密保護決策的因素。根據本研究的實證結果發現，高階決策者態度、向外授權可能性、與還原工程技術等為主要的影響因素。

關鍵字

智慧財產權 ； 專利 ； 營業秘密 ； 研究機構

並列摘要

The situation of industrial technology development in Taiwan is somewhat different from other countries. The most distinctive feature of technology and science policies is that the technology development of strategic industries largely dependent on those research institutes, for example, Industrial Technology Research Institute, which expends couple of billion NT dollar budget from government and occupy the biggest R&D pie in public section. Such institutes receive budget mainly from government but partially from private enterprises, and their goals are cresting new technologies for transferring.
The protection of intellectual property right became critical competence in radical innovation industries. In addition to patent style protection, trade secrets provide another way to protect R&D results. Lawful protections not only resist competitors, but also promote competitive edge. For example, Japanese intensively apply patents in industries of semiconductor, mechanics, and optical electronics promote national competence in those industries.
In order to achieve an objective of optimization of resources application, the decision of choosing protection style must correlate all substantial factors. There are some fragmentary and piecemeal studies discuss such issue, the systematically theoretical and empirical study of this issue still be waiting, especially with managerial viewpoint. The majority of studies on protection of intellectual property focuses on single style, either patent or trade secret. The purpose of this paper distinguishes from prior articles on two points, one is the target of research institutes, and another is processing empirically.
In industry technology development, patent and trade secret are two similar ways to protect the same matter, but differently while consider the related influential factors. The characteristics of patent and trade secret and their relationship were discussed in literature review. Five factors were found which were the most correlated factors that influence the decision of choosing protection mode for R&D results between patent and trade secret in research institutes. Therefore, five hypotheses were followed to these five factors. H1: The more clear attitude of senior executives, the more research institute trended to patent application. H2: The more possibility of licensing-out, the more research institute trended to patent application. H3: The more patentability, the more research institute trended to patent application. H4: The more possibility that the lifetime of technology was shorter than patent application period, the more research institute trended to trade secret. H5: The more the success of reverse engineering technology, the more research institute trended to trade secret.
The analytic unit of this study was each decision while research institute consider the mode to protect their R&D results. The respondents should be the project leaders. Sampling was strictly restricted to the decisions that were made between 1998 and 2000 the period three years ahead of this study. According the statistics, 25 effective samples must be collected. Actually, 51 effective samples were received by non-probability sampling. Within these samples, the majority of decision came from information and communication industries, which were described as high-density of R&D activities.
ANOVA and discriminative analysis were adopted for data processing. ANOVA was used to hypotheses test and discriminative analysis was used to build discriminative equation. The factors that influence the decision of research institutes to choosing the protection mode between patent and trade secret for their R&D results is the goal of this research. Based on our empirical study, attitude of senior executives, possibility of licensing-out, and reverse engineering technology are significant factors to influence such decisions.

並列關鍵字

Intellectual property right ； Patent ； Trade secret ； Research institute

參考文獻

Anthes, G. H.(1998).The long arm of Moore`s law.Computerworld.32(40),69-70.

Chen, Jih-Luen(1998).The Intellectual Property Protection Strategist of the Firm: The Choice between Patenting and Trade Secret.Master dissertation of Graduate Institute of Industrial Economics of Tamkang university.

Chen, Szu-Tzu(1998).The study on patent management strategy of Taiwan IT industry.Master dissertation of Graduate in statute of Management of National Chengchi University.

Genera Report 2001

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