• Title/Summary/Keyword: Patent Act

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A Study on the Effect of Patent Management Activities on Firm Outcome : The Case of Korean Product Manufacturing Firms (특허경영활동이 기업 경영성과에 미치는 영향에 관한 연구 : 국내 의료기기 제조 기업을 중심으로)

  • Kim, Yong Hyun;Jeong, Byeong Ki;Yoon, Jang Hyeok
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.39 no.1
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    • pp.1-8
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    • 2016
  • Patent management activities are considered to play a key role for technology-based firms under the recent knowledge-based economies. This is because intellectual property, including patents, can act as a system for continuous profit generation by protecting firms' products, processes and services. In Korea, healthcare industry is now regarded as one of the promising next generation industries. Despite the promise of healthcare industry, Korean healthcare product manufacturers are faced with turbulent business changes, such as market opening. Even though there are various industrial studies on the effect of patent management activities on firm outcome, previous studies have hardly paid attention to Korean healthcare product manufacturing firms. For this reason, this study identifies the effect of patent management activities, such as patenting activeness, technical excellence and cooperation degree, on firm outcomes, including financial profitability and firm growth, with respect to the Korean healthcare product manufacturers. In this study, we located 86 Korean healthcare manufacturing firms from KORCHAMBIZ and DART, and then collected the data of their patenting activities and outcomes between 2001 and 2013. By applying factor analysis and regression analysis, our empirical study found that firms' patenting activeness has the significant positive relationship on firms' financial profitability, and firms' patenting activeness and technical excellence have the significant positive relationship on firms' financial growth. Our study is an initial attempt to identify the effect of patent management activities on firm outcome within Korean healthcare product manufacturing industry, and thus its results can be used as the basis to formulate national policies for Korean healthcare product industry.

Patent and Anti-wrinkle Cosmetics

  • Jang Jinah
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.29 no.2 s.43
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    • pp.131-147
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    • 2003
  • In the 21st century, the development of cosmetics is led to pursue the high functionality of cosmetics with excellent effectiveness and safety. As Cosmetic Act took effect in 2000, functional cosmetics is provided in the law. As a result, the research and development of functional cosmetics has continually increased, and the number of patent applications in functional cosmetics has also rapidly increased as a plan for preoccupying in the functional cosmetics age. Now, the cosmetic industry has a great interest in developing anti-wrinkle cosmetics among functional cosmetics, because women's desire for having young resilient skin has increased since Korea entered an aging society thanks to the advanced medical technology. The patent application trends of anti-wrinkle cosmetics at home since 2000 particularly show the rapid increase in the applications in natural plant extracts. It may be because Korean consumers preference of vegetable cosmetics has resulted in the development of raw materials based on the traditional medicine. As for the existing preparation such as Retinoid or Ascorbic acid, the patent application itself will be an essential technical element in the future because patent applications are filed in the field of a preparation of cosmetics for stabilizing ingredients, reducing skin irritability or promoting absorbance, and in the field of cosmetic formulation technology. As there are many studies on the causes of skin wrinkles, it is expected that new raw materials of cosmetics can be developed due to new mechanisms, and that the number of patent applications in new technologies will increase due to a change in the thought of cosmetics accompanied by the integration of cosmetics with biotechnology using Genetic Engineering, including the practical application of the medicine previously used far treating skin diseases to an anti-wrinkle agent and the mass production of active ingredients of cosmetics.

A Study on the first inventor defense in the US patent law (미국에서의 선발명자 항변에 관한 연구)

  • Chang, Eun-Ik
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.7 no.6
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    • pp.1319-1336
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    • 2006
  • The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

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A Study on Technology Commercialization of Indoor Floor Advertising Lighting Devices Applicable to Advertisements and Disaster Situations (광고 및 재난상황에 적용 가능한 실내용 바닥광고 조명장치의 기술사업화 방안 연구)

  • Kwang-Soo Kim;Woon-Seek Lee
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.3
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    • pp.32-40
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    • 2023
  • Recently, there are some outdoor floor advertising lighting devices as one of the active marketing methods. However, for outdoor use, there are many restrictions due to the Outdoor Advertisement Act, according to requiring high-output heat generation, waterproofing, and AC power, etc. The purpose of this study is to develop a Duo Light product optimized for indoor use through publicity and information guidance in normal times and automatic evacuation route guidance display in case of disaster, in conjunction with disaster safety. To that end, patent search and patent association analyses were conducted, and a comparative analysis with commercial products was conducted as a case study. In addition, prototypes were designed and produced through the review of operation principles, where field environment surveys and self-tests were conducted. Also, technology roadmaps were presented by preparing plans for expandability and advancement of products. For the analysis of technology commercialization, the feasibility of technology commercialization was examined through the analysis of Jolly's Model and Lean Canvas Model. The results of this study will be able to contribute to minimize human damage through the effective response to disasters, which can increase the effect of indoor advertising by using the proposed indoor floor advertising lighting device in advertising and disaster situations.

Identification of Convergence Trend in the Field of Business Model Based on Patents (특허 데이터 기반 비즈니스 모델 분야 융합 트렌드 파악)

  • Sunho Lee;Chie Hoon Song
    • Journal of the Korean Society of Industry Convergence
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    • v.27 no.3
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    • pp.635-644
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    • 2024
  • Although the business model(BM) patents act as a creative bridge between technology and the marketplace, limited scholarly attention has been paid to the content analysis of BM patents. This study aims to contextualize converging BM patents by employing topic modeling technique and clustering highly marketable topics, which are expressed through a topic-market impact matrix. We relied on BM patent data filed between 2010 and 2022 to derive empirical insights into the commercial potential of emerging business models. Subsequently, nine topics were identified, including but not limited to "Data Analytics and Predictive Modeling" and "Mobile-Based Digital Services and Advertising." The 2x2 matrix allows to position topics based on the variables of topic growth rate and market impact, which is useful for prioritizing areas that require attention or are promising. This study differentiates itself by going beyond simple topic classification based on topic modeling, reorganizing the findings into a matrix format. T he results of this study are expected to serve as a valuable reference for companies seeking to innovate their business models and enhance their competitive positioning.

A Study on the Method of Deriving Prospective Patent for Industrial-Academic Cooperation: A Case of Expired Patents (특허기반의 산학협력 유망분야 도출 방법 연구: 미활용 특허 사례)

  • Park, Sang-Young;Lee, Sungjoo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.6
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    • pp.51-61
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    • 2020
  • Ever since the Act on the Promotion of Industrial Education and Industry-Academic Cooperation (IAC) was enacted in 2003, domestic universities have been focusing on commercialization research that can be applied to basic research industries by collaborating with industry and government agencies. Despite these efforts, the ratio of technology transfer and commercialization through IAC is low. Most technology transfer and technology commercialization studies have derived core technologies by analyzing the applied patents. First, this study collected expired patents from major domestic universities, compared quality characteristics of the expired and live patents, and finally found key patents among expired patents in order to identify companies and fields of application to which the patents can be utilized. The results of the study focus on expired university patents in terms of methodology and present a framework to identify patents capable of continuous IAC and technology transfer and match them with those in need. The results of this study are expected to contribute to increasing the efficiency of technology commercialization.

A Study of Patent Examination Practice for the Use Claims of Cosmeceuticals (기능성 화장품의 특허청구범위 기재)

  • Lee, Mi Jeong;Park, Jung Min
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.40 no.2
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    • pp.215-219
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    • 2014
  • In Korean Cosmetic Act, four uses of functional cosmetics are recognized: skin whitening, anti-wrinkle, UV protection or suntan. Cosmeceuticals, one of the functional cosmetics, have been specifically developed for medical and cosmetic benefits. However, the uses of cosmeceuticals in patent applications are not limited to those of functional cosmetics, and the number is increasing with variety of medical use claims such as anti-inflammatory, prevention of hair loss, or obesity in cosmeceutical patent applications. Since some of the cosmeceutical use claims are not clearly distinguished from medical use claims in pharmaceuticals, there has been a controversy over the extent of granting patents regarding the medical use of cosmeceuticals. In this article, we have investigated the range of medical uses in patented claims of functional cosmetics, summarized examiners' views and discussed the examination practice of cosmetic-related inventions in the United States, Europe, and Japan.

The Representative Technology Field Analysis of Domestic Defense Companies in Communication-electronics based on Patent Information Data (특허 자료 정보 기반 국내 통신전자 방산업체 대표 기술 분야 분석)

  • Kim, Jang-Eun;Cho, Yu-Seup
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.4
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    • pp.446-458
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    • 2017
  • In order to make a decision about the acquisition of command control communication weapon systems considering the client's technology level requirements, the improvement of the domestic technology level and security of core technology, the person in charge can perform technology evaluation/analysis based on command control communication weapon system patent data. As a method of collecting such patent data, we can collect the patent data of government-designated (Defense Acquisition Program Act Article 35) companies (11 Major defense companies/9 General defense companies) through the Korea Intellectual Property Rights Information System (KIPRIS) of the Korean Intellectual Property Office (KIPO) In this way, we collected 1,526 patents and 134 International Patent Classification (IPC) types through the KIPRIS of the KIPO. Based on these data, we performed three types of analysis, General information analysis, Principal Components Analysis (PCA) and Network analysis, and extracted 27, 19 and 13 IPC types from them, respectively. Based on the above three analysis results, we confirmed 8 IPC types (F41A, F41G, G06F, G01S, H04B, H04L, H04M and H04W) as the key technologies and representative technology fields of domestic communication-electronics defense companies.

The Law and Case Study on the Domain Name Protection (도메인네임의 보호(保護)에 관한 법리(法理) 및 사례연구(事例硏究))

  • Kim, Yeon-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.169-209
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    • 2001
  • As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

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A study on the Shrinkwrap License Contracts on Computer - Information Transaction in USA (컴퓨터정보거래에서 쉬링크랩라이센스 계약에 관한 고찰 -미국의 경우를 중심으로-)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
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    • v.2 no.1
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    • pp.93-112
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    • 2004
  • A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

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