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Unlike well-documented market or behavioral uncertainty, patent uncertainty has been significantly under-explored in the field of international entrepreneurship. Drawing on an institution-based view of strategy, this study investigated Netac, a Chinese knowledge-based international new venture (KINV), which was facing uncertainty over patents in China and the US. The aim was to address two questions: (1) how does patent uncertainty emerge in the context of KINVs? And (2) how can KINVs navigate patent hazards by interacting with national patent institutions?

A longitudinal single-case study approach was adopted as the most appropriate method for exploring novel business phenomena and dynamic processes.

Results suggested that a KINV can adopt strategies to build a unique identity and so better conform to the expectations of institutions that ultimately decide on patent validity. Strategies may involve building institutional awareness, amplifying mass media effects, and strategically managing the intellectual property and socio-emotional tensions between China and the US.

This study introduced the notion of patent uncertainty into research around international new ventures, highlighting how this type of uncertainty in the advanced technology sector can affect the end-product and patent licensing opportunities of KINVs. It also explored the institution-based view of company strategy in the internationalization process by emphasizing interactive institutional mechanisms, and the role of an organization’s identity when interacting with institutions. The study enriches the literature on institutional theory and organizational identity, and also suggests solutions for firms dealing with efforts by competitors to invalidate patents.