Abstract: Based on the Poisson regression analysis, this paper had an empirical analysis on the relationship between the patent application timing and the innovation performance by used the data of W-CDMA patent pool. The results are shown that before the formation of the patent pool, the later the timing of patent application, the higher innovation performance; after the formation of the patent pool, the earlier the timing of patent application, the higher innovation performance. The research results not only have theoretical enlightenment to the further study of relationship between patent application timing and innovation performance, but have important practical guiding for enterprises to use patent application strategy and improving the innovation performance.