• 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.

• Journal of Korea Technology Innovation Society
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• v.20 no.1
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• pp.127-152
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• 2017

China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.9-16
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• 2020

Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.

• Journal of Korea Technology Innovation Society
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• v.2 no.2
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• pp.233-248
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• 1999

For the last several decades, it has been recognized that technology is a key factor in becoming an ADC and an advanced firm. So many countries and individual firms have been increasing investments on technology development. Especially LDCs including Korea choose technology transfer and transaction as an important alternative of their own technology development. To activate technology transaction and transfer, it is necessary to establish an technology transaction system, namely a Technomart that will make good connections between technology suppliers and technology buyers, and efficient functional linkages of supporting infrastructures including organizations and laws related with technology transactions. Therefore this study reviewed both the characteristics of technology transfer and transaction and a conceptual structure of a Technomart through a literature review. And then, the study analyzed the Technomart related laws including an intellectual property right, a copyright, a patent right, and electric transaction related laws. In conclusion the study proposed the development directions of the Technomart related laws.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.57-72
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• 2011

According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

• Journal of Chest Surgery
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• v.18 no.2
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• pp.360-370
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• 1985

A case of complete interruption of aortic arch with aortopulmonary window, patent ductus arteriosus, and aberrantly originated right subclavian artery from proximal descending aorta, in a four year old boy is reported in detail. This is the only reported case in Korea, who has had a successful one-stage total anatomical correction of this combination of defects. Under deep hypothermia and total circulatory arrest, aortic continuity was established using patent ductus arteriosus and anterior wall of pulmonary artery, which was anastomosed obliquely to anteromedial side of ascending aorta. Aortopulmonary window was closed using Impra patch via pulmonary arteriotomy. Then pulmonary arteriotomy was reconstructed primarily except at the junction of right pulmonary artery and main pulmonary artery, where a small piece of pericardium was used to close the defect to prevent kinking and narrowing of right pulmonary artery. Postoperative cardiac catheterization demonstrated a good reconstruction.

• FLOWER RESEARCH JOURNAL
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• v.16 no.4
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• pp.325-332
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• 2008

This paper outlines the system and operation of plant variety protection right and plant patent of ornamental crops in USA to guide for application of new varieties developed in Korea and to use for national examination of applied variety from USA. The Plant Variety Protection Act(PVPA) in USA is given as PVPR to the developers of new variety for the seed propagating crops and tubers and provides as plant patent for asexually reproducing crops. A certificate of PVPR and plant patent is awarded to an owner of a variety has shown that it is new, distinct from other varieties, genetically uniform and stable through successive generations by official evaluation without the growing trial. The term of protection for plant patent and PVPR for most crops is 20 years but 25 years for trees, shrubs, and vines. The application of ornamental variety in USA is mostly for plant patent. The application of ornamental crops accounted for 87% of total applications for plant patent. The ratio of new variety applications for plant patent from national and foreign countries is not significant differences.

• Journal of the Korean Society of Radiology
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• v.82 no.2
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• pp.435-439
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• 2021

While there is a high prevalence of patent foramen ovale in adults, paradoxical embolism via a patent foramen ovale is rare. Previous echocardiographic studies indicated that paradoxical embolism might only occur in patients with high-risk features of patent foramen ovale (i.e., large defect size, presence of a Eustachian valve, and high right atrial pressure). Here, we present a case of patent foramen ovale with high-risk CT features for paradoxical embolism.

• Proceedings of the KAIS Fall Conference
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• 2009.05a
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• pp.325-328
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• 2009

Recently, as importance of knowledge property right is rising, a patent is being issue. A patent is exclusive rights of knowledge or technique, and it must be registered for approval of rights. Therefore, prediction of patent registration can be important information for company or individuals which gain profit using a patent. In this paper, we proposed a method for prediction of patent registration using text mining and a algorithm for constructing database.