Secondly, from the characteristics and causes of transaction cost, patent transaction cost is an opportunity cost, the result of information asymmetry between economic entities, and an irreconcilable resource in the process of interest and adjustment, which cannot be eliminated. Mainly: (1) incomplete transaction information; That is, the asymmetry of knowledge and information between patent trading subjects leads to the conflict of interests between them, which leads to the expansion of transaction costs. (2) Scarcity of resources; Because of the greater chance of transaction cost, people need to choose the way of transaction, which greatly affects the transaction cost to some extent. (3) the high specificity of the object; Because the object of the transaction is not ordinary things, it has high technical content and needs specialized technicians, but it cannot be applied to other environments, otherwise it will not be able to produce or lose production costs.
(4) Accurately calculate the lag of transaction cost; Both parties to the transaction cannot calculate the quantity and types of transaction costs according to the existing structure.
Therefore, these characteristics of transaction have caused the increase of transaction cost on a certain basis. The choice of various contract methods and the establishment of trading system are the root causes of transaction costs.
Analysis of Factors Affecting Patent Transaction Cost
1. The asymmetry of patent transaction information determines the high information cost and high service cost of patent transaction.
The basic feature of patented technology is public monopoly, that is, the openness of technology and the monopoly of rights. However, for some important patented technologies, such as product formula and its preparation method, in order to protect the core business secrets, the obligee only published some broad and simple extension technologies, and the counterparty knew nothing about the technology. This will invest a lot of money for future product research and development, technology promotion and market share, which will undoubtedly increase the potential cost of the transaction.
2. The industrialization transformation of patent technology in special fields determines the uncertainty of high-yield transactions.
Because, like some coal mine safety technology, gas explosion technology, high-precision new electronic technology, new energy technology and so on. It takes a long time due to a large amount of investment in early development funds and the accumulation of manpower and material resources, so that the high output at the end of industrialization affects the income at the time of trading. At the same time, once the transaction expectation value is large, there will be irreparable risks, resulting in technical waste and affecting the completion of both parties to the transaction.
3. The relaxation of incentives and constraints in the patent trading system will inevitably lead to moral hazard in patent trading.
Due to the imperfection of the intellectual property system, which is still in the development stage, the defects of the enterprise's own moral quality and interest-driven, the imperfection of incentive measures, the lax degree of law enforcement, and the weak moral consciousness of people, some technical disputes and technical leakage incidents occur frequently, which will seriously affect the formation of trading volume, the information selection of both parties to the transaction and the transformation of the industry, resulting in huge losses.
How to reduce the patent transaction cost
1. weaken the right to share the balance of interests and reduce the cost of patent transactions.
While protecting basic rights, we should prevent the abuse and expansion of rights, which requires the weakening of rights and the sharing of benefits. According to Pareto optimality principle, the theory of rights weakening and benefit sharing conforms to this concept of efficiency, because the system constructed according to this theory is first conducive to increasing public interests, and this increase will not only harm the interests of obligees, but also increase their interests. It can be seen that the weakening of patent technology rights is actually to maximize the benefits and let all intellectual property owners, stakeholders and the public share the increased benefits.
2. Create a good legal and credit environment and support the reduction of transaction costs.
First of all, strengthen the construction of patent technology trading system and protect patent rights in all directions; Because the clearer the property rights, the less likely it is that wealth will be occupied for free. All localities should build and improve the patent technology trading market, standardize market management, and strengthen supervision and guidance; Secondly, we should combine the patent system and scientific research management system to promote the completion of the transaction; Implement perfect incentive measures for technology development and encourage invention and creation; Promote the development and progress of scientific and technological achievements and maximize benefits.
Third, establish reasonable incentive measures to avoid distortion of rights; For example, in order to reduce taxes, enterprises apply for high-tech enterprise certification, but patent ownership is one of the necessary conditions for certification. Therefore, for illegitimate purposes, we try our best to conduct patent transactions and obtain illegitimate interests; In addition, patent indicators cannot be imposed on some enterprises for the purpose of participating in the evaluation. Therefore, we should strengthen the management in this area and carry out a virtuous circle.
Fourth, strengthen the management of intermediary institutions and serve consumers' awareness of intellectual property rights. Establish a patent pool, improve technical awareness, and develop the overall innovation level of society. Fifth, reduce the process in patent trading and provide channels for fast trading; In order to facilitate patent transactions, such as patent usufructuary right investment, patent pledge, patent trust, etc. , simplifying the transaction process and protecting the rights and interests of both parties.
Summary: To reduce transaction costs and promote the optimal allocation of resources, the size of patent transaction costs is not determined by the market, but is closely related to government actions, enterprise concepts and related rights holders.
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