• Title/Summary/Keyword: Patent Rights

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A Study on Properties of Patents in the Applicants and Possibility of Economical Usage-Focused on Pharmaceutical Chemistry Industry Sector (기업의 보유 특허 특성과 경제적 활용 가능성에 대한 연구-의료화학산업 특허를 중심으로)

  • Ko, Young-Hee;Lee, Mi-Hyun
    • Knowledge Management Research
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    • v.14 no.1
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    • pp.39-55
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    • 2013
  • As the importance of intellectual property rights for the 21st century challenge became prominent, many companies have been trying to secure many rights competitively. In particular, application numbers of patent that represents technology has been increased continuously. Korean companies were not exception; mainly in large companies, there have been continued the efforts to grow the number of patent applications in quantitative volume. But the issues that how viable patents the companies have, how effectively the companies manage, and how economically usable the patents are, are totally different from quantitative management level. As such, the issue is connected to how to assess the patent management level of companies. On the other side of quantitative growth of patent that companies hold, there are some problems such as the difficulties to determine if the patents hold substantial values, and the difficulties to determine whether the patent are managed effectively. In addition, as the numbers of patent application and registration of companies are increased, the cost for patent holding and managing increase. It is required to pay continuous attention to the cost of patent management because patent registration fee has a property that increases rapidly with time and burden for patentee become heavier. As a result of analysis and interpretation, we confirmed that quantitative management, particularly the number of patent applicant does not make positive impact on how to use patent after application. Rather, it is observed that the economical usage is influenced positively by the efforts of patent applicants such as considering for the time of patent examination, paying attention to receive patent registration decision. Therefore, this study shows that efforts patent applicants provide in management level after application time are important to maintain the value of patents.

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A Study on the Analysis of Patent information in the Korean Medicine -Focused on International Patent Classification- (국제특허분류를 중심으로 한 한의학 분야의 특허정보 분석 연구)

  • Song, Mi-Young;Kim, Hong-Jun;Choi, Hwan-Soo
    • Korean Journal of Oriental Medicine
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    • v.11 no.2
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    • pp.67-96
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    • 2005
  • This Study focused on IPC (International Patent Classification) for TKM (Traditional Korea Medicine) Paper. The results processed for 9,000 TKM paper by using 8th in IPC Classification. The name of Herbal Medicine assigned to IPC Classification, we assigned to two part for main-Classification(A61K) and sub-Classification (A61P). The results obtained about 77% for A61K and about 96% for A61K36 among them. And also analysed about 23% for sub-Classification(A61P) additionally. Main-Classification is distributed A61K > A61H37 > A61B5 > A61N > A61M1. Detailed Main-Classification for A61K is distributed A61K36 > A61K35 > A61K33 among Main-Classification. TKM Paper mainly analysed A61K36 and A61H37 in Main-Classification. According to the results. 'The Korean Journal of Herbology' has high-valued for Utilization as a Non Patent Document. we should constructed Database system for protection of intellectual property rights. And after We will registered minimum documentation of PCT.

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Corporate Patent Management and its Relationship with Creating Commercial Value

  • SUNG, Ikkyung
    • East Asian Journal of Business Economics (EAJBE)
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    • v.9 no.3
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    • pp.101-112
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    • 2021
  • Purpose - Corporate patent management refers to an organization belonging to the government or an intergovernmental organization that plays a bigger role in controlling patents. The purpose of the present study is to investigate and suggest brief solutions regarding how companies should manage their patents, maximizing their commercial values. Research design, Data, and methodology - Since the current researcher needed to optimize authenticity, the datasets were used primarily for collecting data from various sources examined by peers. This research used a claim from PRISMA (preferred reporting items for systematic reviews and meta-analysis) to identify prior studies within the limits of the sample. Result - The results revealed that corporate patent management is faced with different problems in the course of its operations. It faces many different critics from the outside world; therefore, a need to solve those problems. This study strongly suggests there are seven solutions to manage companies' patents. Conclusion - The conclusion of this study points out that The prolonged period has given some business organizations a competitive advantage over others especially that belong to industries that have a lower propensity to adopt patent rights. As a result, some business organizations have grown relatively faster than others within the long period they remain as patent rights members.

Infringement Status of Overseas Intellectual Property Right and Required Strategy (해외 지식재산권 분쟁현황과 그 대응방안에 관한 연구)

  • Yoon, Byung-Seop
    • Journal of Korea Technology Innovation Society
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    • v.11 no.1
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    • pp.23-45
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    • 2008
  • The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. There is a high possibility that aggressive patent policy and black box strategy of Japanese enterprise can be a burden to Korean enterprises. Thus, a policy should be established against the technology protectionism. The policy can be based on a strategy about international cooperation policy of KIPO and strategy against infringement of overseas intellectual property rights. Of course, collaboration and cooperation will be activated among the advanced countries including technical cooperation. However, a systematic strategy of intellectual property rights should be focused on international cooperation and countermeasure against infringement of overseas intellectual property rights because national interest takes precedence over any other interest especially in case of strategically owing industry. A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, construct confidence as social capital etc. Enterprises have to maintain no Patent no Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of patent pool, strive for specialization regarding technical transfer and license management.

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Infringement status of overseas intellectual property right and required strategy (해외지식재산권 침해 현황과 그 대응방안에 관한 연구)

  • Yoon, Byung-Seop;Han, Jung-Hee
    • 한국벤처창업학회:학술대회논문집
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    • 2007.11a
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    • pp.15-43
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    • 2007
  • The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. The number of dispute cases of intellectual property rights in Japan ranks first with 275 cases compared to that of other countries. Among the dispute case, the number of validation trial is 107 cases(38.9%), and correction trial is 83 cases(30.2%). The USA ranks second in dispute of intellectual property rights. Among the dispute of intellectual property rights in the USA, the number of validation trial is 66 cases(64.7%), and correction trial is 21 cases(20.6%). A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, solve jurisdiction problem of patent court system, improve trial system, construct confidence as social capital etc. Enterprises have to maintain No Patent No Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of Patent Pool, strive for specialization regarding technical transfer and license management.

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A Study of Patentability on the paper in Traditional Korea Medicine by using technology information search to detect all existing similar patents (선행기술 조사를 통한 한의학 논문의 특허성 연구)

  • Song, Mi-Young;Lee, Joung-Hwa;Ahn, Sang-Woo
    • Korean Journal of Oriental Medicine
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    • v.11 no.2
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    • pp.53-66
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    • 2005
  • This study is concerned with the patentability and protection of intellectual property rights in Traditional Korea Medicine Paper. The results analyzed significance of patentability by investigated for many kinds of Traditional Korea Medicine Paper. It provide extension of intellectual property rights protection and further research region of TKM field by analysing information of patentability. Recently, In the protection of intellectual property rights, the importance of traditional knowledge resource in many country is increased. It will predict the number of apply for the patent increased annually This study will be provide judging guideline and strategy of intellectual property rights protection by search to detect all existing similar patents in Patent Office (Korea, Japan, U.S.A. EPO) about Traditional Korea Medicine Paper. As a result, It can not be investigated about 33% because of paper research or theoretical study or question investigation etc. But the case of 'The Korea Association of Herbology' and 'The Korean Oriental Medical Ophthalmology & Otolaryngology & Dematology Society' have about 10% rate. If it will be constructed DB system, they will be protected by national treatment.

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A Study on the Determinants of the Economic Value of Patents Using Renewal Data (특허의 경제적 수명의 결정요인에 관한 연구 : 갱신자료를 활용한 생존분석)

  • Choo, Kineung;Park, Kyoo-Ho
    • Knowledge Management Research
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    • v.11 no.1
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    • pp.65-81
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    • 2010
  • This paper explores the determinants of the economic value of patents using a survival time analysis. The analysis is based on renewal information of about 250,000 patents filed from 1984 to 2005 in the Korea Intellectual Property Office. A patent right is valid only when its owner pays yearly maintenance fees. Failure to pay causes patent rights to be lapsed. We use the fact that more valued patents live longer and the lengths of their renewals can be closely related to their value. The value can be affected not only by its own technological aspects such as quality and breadth, but also by characteristics of its owners such as innovativeness and age. This paper presents patent-specific and firm-specific characteristics which influence patent value. The result of analysis implies that patent value depends on both the technological contents of the patent and general capabilities of a firm.

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A Study on Current Applications for Patent with Men's Underwear (남성 팬티의 특허 출원 현황)

  • Lee, Jung-Soon
    • Journal of the Korea Fashion and Costume Design Association
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    • v.17 no.4
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    • pp.67-76
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    • 2015
  • The purpose of this study is to set a direction for the development of men's underwear after analyzing current applications for patent regarding men's special-purpose underwear. In terms of a research method, the disclosed patents and utility models were investigated using the patent information database provided by Korea Institute of Patent Information (KIPRIS, http://www.kipris.or.kr). For this, the patents applied from 1990 to October 2015 were targeted. The keywords used for patent search were 'men's underwear' and 'men's special-purpose underwear.' When searched by the keywords above, a total of 1,089 cases were found. Except for expired or cancelled ones, 243 cases were investigated. Then, annual application trends, current registrations on literature records, classification of utility model right holders and contents by topic were analyzed. In terms of data analysis, frequency analysis, crosstabulation analysis and multiple response analysis were conducted, using SPSS 18.0. The results found the followings: In terms of annual application trends, the number of applications for patent started to gradually increase since 2007. Since 2011, it has rapidly increased. In terms of the number of patent registrations, literature registration was far higher than utility model registration. In terms of application rights, 'individually registered (58.8%)' was higher than 'registered by the organization (41.2%).' Among 243 cases, 'underwear (58%)' was the highest, followed by 'men's underwear-related items (29.2%)' and 'thermals (8.2%).' According to analysis on the details of the patent applied for men's underwear, 'penis-scrotum separation' was most focused, followed by 'disposable product' 'airy features,' 'scrotum protection' and 'structure of underwear.'

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Medicolegal Study on Human Biological Material as Property (인체 유래 물질의 재산권성에 대한 의료법학적 고찰)

  • Lee, Ung-Hee
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.455-492
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    • 2009
  • (Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

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Policy on Promoting Venture Business based on Patent and Technology in Metro Taejon and Chungcheong Area (대전 .충청지역 특허기술기반 벤처산업의 육성방안)

  • 이영덕
    • Journal of Korea Technology Innovation Society
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    • v.2 no.2
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    • pp.309-325
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    • 1999
  • If we want to overcome the current IMF-guarded economic situations as early as possible and to change the present industry structure to the new knowledge-based structure, it is a great necessity to increase the capability of technology innovation as a key factor of the international competitiveness, and to establish the infrastructure of venture business for increasing utilization of technologly and patent. Even though there has been a great increase in application and enrollment of the Industrial Property Rights (i.e. IPRs) including patent recently, the number of unused IPRs are increasing progressively every year (for example, the ratio of unused patent is about 60% in 1997), and illegal use of patent and dependance on the foreign patent are increasing sharply. This paper will suggest policy on nurturing venture business for increasing utilization of the unused IPRs, including technology transaction strategy and link strategy of the high-tech industries between metro Taejon and Chungcheong Area.

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