Abstract:This paper discusses the driving mechanism of digital economy on regional innovation capability. Taking Chinese provincial individuals as a sample, from the perspective of intellectual property protection and the introduction of data element marketization, this paper constructs a regulatory intermediary effect model. The results show that digital economy significantly promotes the development of regional innovation capability, and has nonlinear characteristics; The mechanism test shows that digital economy can play a role in regional innovation capability by improving the level of regional intellectual property protection; The negative adjustment of data element marketization is the direct prediction of digital economy on regional innovation capability, and the positive adjustment is the first half of the intermediary path of intellectual property protection; Further research shows that the development advantage of regional intellectual property rights will be transformed into the driving force of digital economy to promote regional innovation capability, and the pull effect is strongest in the eastern region, followed by the central region, and weakest in the western region. The research reveals the influence of digital economy on regional innovation capability, and provides theoretical and policy enlightenment for the construction of regional innovation capability standard system.