• Title/Summary/Keyword: Patent Review

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Some Methods Determining Reasonable Royalty Rates for Patent Valuation - An Infringement Damages Model (특허가치평가를 위한 합리적 로열티율 산정 방안 - 손해액산정모형을 중심으로)

  • Yang, Donghong;Kim, Sung-Chul;Kang, Gunseog
    • Journal of Korea Technology Innovation Society
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    • v.15 no.3
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    • pp.700-721
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    • 2012
  • This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

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Review for Innovation and Patent System in the Pharmaceutical Sector

  • Minn, Mari
    • STI Policy Review
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    • v.8 no.1
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    • pp.87-112
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    • 2017
  • This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

Learning from Successes and Failures of Registration of Patent Applications Based on Physical Ergonomics Research

  • Kim, Sungho;Lee, Wonsup;Lee, Baekhee;Choi, Younggeun;Lee, Jihyung;Jung, Kihyo;You, Heecheon
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.5
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    • pp.455-467
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    • 2015
  • Objective: The present study suggested practical measures for successful patent registration based on a review of success and failure cases of patent application filed based on inventions obtained from physical ergonomics research. Background: The protection of intellectual property (IP) contributes to economic growth and competitiveness and facilitates innovation and creativity. IP rights are pursued on research findings for effective technology transfer and commercialization; however, a patent application can be rejected if patentability requirements such as patent eligible subject matter, utility for industrial application, novelty, or non-obviousness are not satisfied. Method: Three successful and three failed cases of patent applications based on physical ergonomics research were reviewed, critical reasons for their successes and failures were examined, and measures were proposed to avoid failures in patent registration. Results: The following measures were identified based on the patent application case review. First, abstract ideas including logical procedures and/or mathematical formulas need to include use of tangible apparatus and methods in idea realization. Second, the provision of grace period inventor disclosure exception needs to be properly followed in case an invention is disclosed before filing of patent application. Lastly, a comprehensive analysis of prior art published or publicly known anywhere in the world and a claim preparation of distinguished, non-trivial features compared to prior art solutions are needed to avoid possible violation of novelty and non-obviousness. Application: The proposed measures can help to prepare a patent application with patent eligibility.

Design of Consolidated Patent Index for Effective Utilization of Patent Information (특허정보의 효율적 활용을 위한 통합형 특허지표 설계)

  • Shin, Han-Seop
    • Korean Management Science Review
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    • v.24 no.2
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    • pp.1-18
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    • 2007
  • This paper presents a consolidated patent index to measure national technology innovation and science technology activation, as well as index for the main constituent such as corporation, research organization by comprehensive analysis of existing patent index. It is classified by macroscopic index and analytical index in the consolidated patent index, in which macroscopic index is to present a degree of innovation in national scientific innovation and is divided into the Consolidated Patent Index and Index for comparison between countries. The analytical index basically designed to measure R&D activity by the main constituent is divided to present by quantitative index utilizing bibliographical data in patent and other technical publication related therein, and qualitative index for analysis of bibliographical data. In this paper, the Consolidated Patent Index is presented by adding Creation Index representing for patent by developing excellent technology, Evaluation Index representing valuable technology thereof, and Utility Index representing applicability diffused.

A Study on software patent claim of computer related invention (컴퓨터 관련 발명의 소프트웨어의 특허 클레임에 관한 연구)

  • Nam Tea-Soo
    • Management & Information Systems Review
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    • v.7
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    • pp.211-226
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    • 2001
  • This paper relates to a software patent of a computer related invention, explains a describing method of software patent claim which can be registered software patent of computer related invention instead of computer program copyright which is the Intellectual Property about software since 1998 in the Korea Intellectual Patent Office(KIPO) by developing an information communication infrastructure technology and WWW technology. Also, it introduces an international and domestic trends of the software patent for computer related invention and related database for the software patent of the world and mentions advantage and disadvantage of software patent regime of each nation and the facing software patent problems as the Intellectual Property.

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Patent ductus arteriosus associated with mitral regurgitation (승모판막 폐쇄부전증이 동반된 개방성 동맥관의 치험 10예)

  • 이철주
    • Journal of Chest Surgery
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    • v.15 no.3
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    • pp.321-324
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    • 1982
  • Patent ductus arteriosus is not uncommon congenital heart disease. Patent ductus arteriosus associated with mitral regurgitation is very rare, however especially nonrheumatic in character. In such a case, a ligation of ductus arteriosus alone makes it regress the symptoms and signs of mitral regurgitation. Till recent days, we have experienced 10 cases of patent ductus arteriosus with mitral regurgitation who had been undergone a ligation of ductus arteriosus alone with good clinical benefits. In 5 cases among above patients, we have followed up the patients from 4 months to 6 years. Herewith, we report these cases with review of some literatures.

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Analysis of Causal Relationship between Patent Indicators and Firm Performance (특허지표와 기업 성과의 인과관계에 대한 분석)

  • Lim, Ji-Youn;Kim, Chul-Young;Gu, Ja-Chul
    • Korean Management Science Review
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    • v.28 no.2
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    • pp.63-74
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    • 2011
  • As business environment has become more competitive, the R&D strategies of firms have been regarded more important. Patent has information about technology which affects a firm's profit and it is considered as resources which have provided appropriate data for research of innovations and trends in technology. And patent indicators are known as qualitative representation of technology quality in an objective view. Also, they are available for the continuous and systematic analysis. However, most previous studies have focused on developing patent indicators to investigate patent value and characteristics. Furthermore they have limitations that most results is not significant that patent indicators have effect on firm performance-Tobin's q, Intangible assets based on balance sheet, sales and etc. Thus, the purpose of this paper is to propose proper a factor to represent a firm performance and to analyze causal relationship between patent indicators and firm performance. Intangible assets based on market value are employed as one of most significant firm performance indicator. The results indicate that intangible assets are appropriate for analyzing causal relation between patent and a firm performance with 7 significant indicators among 10 patent indicators. Considering firm's exogenous factors, regression analysis of each data for five years is performed. This result is similar to regression analysis of full data for all years.

The role of Patent on Foreign Direct Investment: Evidence in Vietnam

  • PHAM, Nga Thi;PHAM, Huong Thi Thu
    • Journal of Distribution Science
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    • v.18 no.6
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    • pp.77-82
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    • 2020
  • Purpose: In the period of international integration, how is the implementation of intellectual property regulation in developing countries? Do intellectual property rights help attract more Foreign direct investment (FDI)? This study aims to show the effect of intellectual property rights, reflect in the number of patent registered (Patent distribution into two components: Patent_residents and Patent_non-residents) on FDI attraction in Vietnam. Research design, data and methodology: Using Autoregressive distributed lag (ARDL) model for the data collected from 1990 to 2018 with EViews version 9 software. Conclusions: The results indicate that the number of patent protection has a positive effect on FDI in both short term and long term. In particular, only patent registration of foreign individuals and organizations has a significant positive effect on attracting FDI, while that of Vietnamese patents is not statistically significant. From the results of this study, we provide some recommendations to help attract FDI based on raising awareness of intellectual property rights: Increase international cooperation for innovation to learn and encourage patent; Improve the capac ity of inventing as well as the ability to register patents of Vietnamese people; Government agencies are tasked to support a nd review registration procedures; Encouraging patent registration based on the patent.