• 한국중재학회지:중재연구
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• 제21권1호
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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.

• KDI Journal of Economic Policy
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• 제42권2호
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• pp.1-30
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• 2020

This paper analyzes how injunctions relate to patent hold-up problems. To this end, we present a simple model of licensing negotiations between a patent holder and a downstream firm in the shadow of litigation. More specifically, we consider the situation in which an injunction is granted as a matter of course if a patent is found valid and infringed upon in litigation, but the patent holder may be under-compensated due to aspects of the patent remedy system other than injunctions. We show that if the downstream user is unaware of the patent before any investment in initially designing its product, the patent hold-up problems created by injunction threats are worrisome when (i) the redesign process is costly, (ii) the degree of patent protection (by aspects of the patent remedy system other than injunctions) is sufficiently strong and (iii) the injunction is requested not to practice the patented technology exclusively but to collect excessive patent royalties. Even if the downstream user is aware of the patent before the initial investment, the patent hold-up problems do not disappear. The findings here imply that a discretionary approach is required towards denying injunctions against patent infringement. If the degree of patent protection is not sufficiently strong, denying injunctions can exacerbate the under-compensation problem. However, once patent protection improves enough (not necessarily perfectly), we may see a surge of patent hold-up problems, and it would be better to apply alternative patent remedies in place of injunctions when necessary. Lastly, we discuss several possible alternatives to injunctions and their pros and cons.

• 지식경영연구
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• 제19권3호
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• pp.63-87
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• 2018

In a rapidly changing technology environment, managing and rearranging the patent portfolios is one of the main sources of competitive advantage for firms. This study analyzes the effects of patent portfolio composition on new product introduction related to resource allocation. This study also looks at the moderating role of rearranging the patent portfolios on new product introduction. Our empirical analysis of the global pharmaceutical industry shows that firms with high-value patent portfolios exhibit a tendency to launch new products, and patent portfolio diversity shows a U-shaped relationship with new product introduction. In addition, the patent portfolio rearrangement positively moderates the relationship between patent portfolio diversity and new product introduction. The results are expected to provide implications for firms' patent portfolio composition and patent portfolio rearrangement related to innovation performance such as new product introduction.

• 지식경영연구
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• 제11권1호
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• pp.83-96
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• 2010

In this study, the effect of firm's patent competency on the their management performance was analysed. The number of patents granted to Korean firms, patent grade score as of the firm's patent competence were considered in the perspectives of patent volume and patent value respectively. Specially the analysis were implemented focusing on the high performance venture ranked 200th in Korea. The patent source data were from the Korean Intellectual Property Office, Korean Credit Evaluation Information Company, and the Patent Evaluation System of KIPO and KIPA. And the year sales and net profit volume as of the firm's management performance data from the KIS. Management performance data are consisted of the mean sales, net profit and ROI during the 4 years from FY2005 to FY2008. Major results are as follows. The regression model were proved significantly that the year sales volume and net profit are effected by the number of patents and patent grade score. But the model including the ROI were shown not significantly. So it can be concluded that patent volume and patent value are the important factors on firm's financial performance as of the year sales volume and net profit. Also the regression model including the control variables, firm's number of employee and business year, the number of patents and patent grade score are the significant factors on firms performance. And regression coefficients of patent value model were higher than these of patent volume model. So it can be recognized that patent value of firms' patent competency are more important factor than the patent volume.

• 예술인문사회 융합 멀티미디어 논문지
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• 제8권4호
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• pp.35-44
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• 2018

특허 침해소송은 다른 소송들과는 다르게 그 특허기술의 실체파악 없이는 사안의 파악이 매우 힘든 소송이다. 변리사법은 제8조에서 변리사의 특허침해소송에 대한 소송대리권을 인정하고 있는 듯 보이지만 전통적으로 헌법재판소와 법원은 특허 등 침해소송에 대하여 변리사의 소송대리권을 인정하지 않는 입장이다. 이에 대해서 변리사와 변호사간에 끊임없는 논쟁이 이루어지고 있다. 본 연구에서는 특허침해소송에서 소송대리의 효율성 및 전문성을 높이는 방안을 탐색한다. 이를 위해 주요국의 특허침해소송에서 변리사의 역할을 분석하여 합리적 대안을 도출한다. 그 결과 변호사의 변리사 자격 자동취득을 제한하거나 변리사의 소송대리권과 관련하여 변리사법을 개정하는 방안은 적절하지 못한 것으로 나타났다. 소송당사자의 입장에서 근본적인 문제 해결을 위해 수정된 특허전문변호사 제도를 도입하고 소송당사자들이 합리적으로 소송대리인을 선택하게 하는 것이 바람직한 대안인 것으로 분석되었다.

• Asian Journal of Innovation and Policy
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• 제7권3호
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• pp.606-624
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• 2018

Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

• 한국융합학회논문지
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• 제10권7호
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• pp.55-62
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• 2019

본 연구는 구강건강을 위해 사용하고 있는 칫솔을 특허검색이 가능한 KIPRIS에서 2008년부터 2017년까지 10년간 등록된 칫솔에 대한 467개의 특허정보를 분석하였다. 칫솔구성을 기준으로 8개로 대분류 하였고, 세부정보를 소분류 하였다. 연간 특허수량을 분석하기 위해 출원연도를 분석하여 정리하였다. 그 결과 특허가 가장 많은 것은 칫솔모에 대한 특허였으며 뒤이어 칫솔 외 기능추가 특허, 전동칫솔 특허, 칫솔헤드에 대한 다른 형태로의 칫솔 특허, 칫솔목에 대한 특허, 칫솔질 습관 교정에 대한 특허, 칫솔 핸들에 대한 특허 순이었다. 다양한 소분류의 특허는 칫솔 외 기능 추가 특허였으며 2012년 칫솔모에 대한 특허건이 25개로 제일 많았으며, 2017년 소폭 감소하는 칫솔특허 대비 유일하게 증가하고 있는 특허는 칫솔질 습관 교정에 대한 특허와 칫솔 핸들에 대한 특허였다. 2009년부터는 칫솔에 대한 특허수가 꾸준히 증가하고 다양해진 모습을 확인 할 수 있다.

• 한국중재학회지:중재연구
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• 제31권3호
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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.

• 한국언어정보학회:학술대회논문집
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• 한국언어정보학회 2007년도 정기학술대회
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• pp.105-114
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• 2007

This paper addresses a method for customizing an English-to-Korean machine translation system from general domain to patent domain. The customizing method consists of following steps: 1) linguistically studying about characteristics of patent documents, 2) extracting unknown words from large patent documents and constructing large bilingual terminology, 3) extracting and constructing the patent-specific translation patterns 4) customizing the translation engine modules of the existing general MT system according to linguistic study about characteristics of patent documents, and 5) evaluating the accuracy of translation modules and the translation quality. This research was performed under the auspices of the MIC (Ministry of Information and Communication) of Korean government during 2005-2006. The translation accuracy of the customized English-Korean patent translation system is 82.43% on the average in 5 patent fields (machinery, electronics, chemistry, medicine and computer) according to the evaluation of 7 professional human translators. In 2006, the patent MT system started an on-line patent MT service in IPAC (International Patent Assistance Center) under MOCIE (Ministry of Commerce, Industry and Energy) in Korea. In 2007, KIPO (Korean Intellectual Property Office) tries to launch an English-Korean patent MT service.

• 디지털산업정보학회논문지
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• 제15권4호
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• pp.103-110
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• 2019

A patent contains detailed information of the developed technology and is published to the public. Thus, patents can be used to overcome the limitations of traditional technology trend research and prediction techniques. Recently, due to the advantages of patented analytical methodology, IP R&D is carried out worldwide. The patent is big data and has a huge amount, various domains, and structured and unstructured data characteristics. For this reason, there are many difficulties in collecting and researching patent information. Patent research generally writes the Search formula to collect patent documents from DB. The collected patent documents contain some noise patents that are irrelevant to the purpose of analysis, so they are removed. However, eliminating noise patents is a manual task of reading and classifying technology, which is time consuming and expensive. In this study, we propose a model that automatically classifies The Noise patent for efficient patent information research. The proposed method performs Patent Embedding using Word2Vec and generates Noise seed label. In addition, noise patent classification is performed using the Random forest. The experimental data is published and registered with the USPTO among the patents related to Ocean Surveillance & Tracking Network technology. As a result of experimenting with the proposed model, it showed 73% accuracy with the label actually given by experts.