• Title/Summary/Keyword: patent agent

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A Study on the Improvement of Patent Agent's Role in Patent Infringement Litigation (특허침해소송에서 변리사의 역할 개선 방안에 대한 연구)

  • Cho, Myunggeun;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.4
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    • pp.35-44
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    • 2018
  • Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.

Determinants of Success in Ex-parte and Inter-parte Patent Litigation (발명의 특허성 및 특허의 유효성 분쟁결과에 영향을 미치는 요인분석)

  • Choo, Ki-Neung;Oh, Jun-Byoung
    • Journal of Technology Innovation
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    • v.20 no.3
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    • pp.57-91
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    • 2012
  • This paper investigates determinants of litigation success in the two distinctive types of patent litigations, ex-parte and inter-parte cases, which are brought in the process where a filed application becomes a valid patent right. We regress winning rates of patent applicants on the characteristics of firms, trials, patent lawyer, and patent itself, using a probit model with sample selections. The paper finds that the relative suit rate of a firm, time to be sued, changes of patent agents by applicants, and multiple agents among explanatory variables affect ex-parte reexamination and in-parte post-grant patent trials differently in the point of average marginal effects. These variables lower the probability of applicant's victory in the ex-parte cases, while they raise the probability in the inter-parte trials. However, the experience that agents represent applicants is a winning rate-increasing factor both in inter-parte and ex-parte reexamination, unexpectedly. This result cannot be applied to the entire domain of the variable, since sample selection effects are reflected in the result. The number of claim increases the winning probability of the applicant in the both types of patent litigations. This study has some limitations because it ignores the information on the legal person to which a patent agent belongs, and confined agent's experience to patent filing. We leave it future studies to investigate the effects of lawsuit experience of patent agent, and those of characteristics of the law firm to which individual patent lawyer is affiliated.

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The Effect of Prior Art Search on Patent Output from National R&D Program (선행기술조사가 국가연구개발사업의 성과에 미치는 영향: 특허성과를 중심으로)

  • Im, Bu-Ru;Park, Kyoo-Ho;Lee, Keun
    • Journal of Technology Innovation
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    • v.19 no.1
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    • pp.177-201
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    • 2011
  • This study is trying to estimate the effect of survey of prior art on the technological performance of national R&D program, with the purpose to enhance understanding on the relationship between utilization of patent information and R&D activities. Patent and Technology Trend Research, one of the survey of prior art which gives the information about existing technology and patent trend to the project team has been carried out since 2005. In this paper, effects which Patent and Technology Trend Research has on the technological performance of national R&D projects are estimated by using multiple regression model considering input factors, characteristics of an agent and supplier of money. The result is that Patent and Technology Trend Research has positive and significant effect on the grant and application of domestic and foreign patent. This result can give an hint that the utilization of patent information make the R&D process efficient and effective.

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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.

Achievement Characteristic Analysis for Large Scale Government R&D Projects Focusing on 21st Century Frontier R&D Program (대형 연구개발사업의 성과에 영향을 미치는 요인에 관한 연구 : 21세기 프론티어연구개발사업을 중심으로)

  • Kwon, Jae-Chul;Moon, Jong-Beom;Yoo, Wang-Jin;Lee, Cheol-Gyu
    • Journal of Korea Technology Innovation Society
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    • v.15 no.1
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    • pp.185-202
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    • 2012
  • This study analyzed the achievement characteristics of 21st Century Frontier R&D Program depending on the subject of study, type, period in order to provide necessary data required during planning and execution of the large scale R&D projects. 21st Century Frontier R&D Program is a representative national R&D project that has been supported for a decade. The research achievements were analyzed for researchers who participated in each four projects completed in 2010 and 2011 among 16 R&D projects of 21st Century Frontier R&D Program promoted by Ministry of Education, Science and Technology. The research is summarized as follows. First, the achievements varied depending on the main agent such as universities, R&D institutions, and industries. The achievement of universities includes significantly larger publications than those of R&D institutions and industries. Second, the rate of overseas patent application and registration were higher in industries significantly than those in other research agents. Third, the achievements differed depending on research type such as basic, applied, and development researches, and the development researches exhibited significantly higher achievements in domestic patent application and registration, overseas patent application, and technology transfer. Fourth, in terms of the research period, long-term projects show significantly larger number of domestic patent applications than those from short-term projects. Fifth, when achievements like the publication and overseas patent application were classified in such fields as bio, nano, and energy environment R&D, bio and nano fields showed higher achievement than the energy environment field. This research could empirically confirm that the achievement characteristics of large scale and long-term government support R&D projects vary for each research properties.

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Trend of Depigmenting Research Based on Patent Analysis (특허분석으로 본 미백 연구의 기술 동향)

  • Kim, Eun-Ki;Lee, Hyang-Bok;Lee, Haeng-Byoung;Lee, Cheo-Young
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.33 no.4
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    • pp.209-217
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    • 2007
  • Melanin plays an important role in protecting human skin from UV radiation and determines the race and skin color. Melanin is also major target for developing skin-whitening cosmeceuticals. Recently, as the market size of skin-whitening cosmeceuticals has rapidly expanded, related researches and developments are also focused on maximizing the safety and efficacy. Also, patents of skin-whitening materials have been increasing steadily for ensuring the competitive power. Patent also shows the research trend of industry and institutes. In this review, we analyze the trend of research and development based on the patent application of skin-whitening cosmeceuticals.

A Study on the Properties of Dicalcium Phosphate Dihydrate According to the Manufacturing Condition (제이인산(第二燐酸)칼슘의 제조조건(製造條件)에 따른 성상(性狀) 연구(硏究))

  • Lah, Woon-Lyong;An, Kyung-Ran;Han, Kwan-Sup;Lee, Gye-Joo
    • Journal of Pharmaceutical Investigation
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    • v.6 no.1
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    • pp.26-32
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    • 1976
  • Dicalcium phosphate dihydrate (DCPD) is the most widely-used dentifrice abrasive in non-therapeutic tooth-paste requiring, low abrasive level, high stability and excellent compatibility with other formulation ingredients. One of the difficulties encountered in the use of this material in tooth-paste is that unless storage of the product is maintained at a relative low temperature there is a distinct tendency to lose water of crystallization. Another difficulty which has been encountered is that there is a tendency for the product to become lumpy. Various means have been proposed for increasing the stability and overcoming the lumping tendency, most of which means comprise the addition of stabilizing agent. But there is not any report about the relationships between the mechanism of dehydration, physical properties, structure and manufacturing condition. In this experiment, DCPD were manufactured by methods of Moss' patent, its two varied and J.P.VIII, these were studied by means of stability test, IR spectra, and DTA. According to the manufacturing conditions, DCPD has different physical properties and structures, i. e., monoclinic system of low drying temperature, triclinic system of high drying temperature. Dehydration of DCPD may be supposed one step debydration at about $100^{\circ}$ and it finaly converts to ${\gamma}-pyrophosphate$ at about $465^{\circ}$ and if the drying temperature is high it becomes DCP anhydrous. DCPD made by Moss' patent is thought of the best polishing agent of tooth-paste.

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Effects of Ibuprofen and Indomethacin for Prophylaxis of Patent Ductus Arteriosus in Premature Infants (미숙아 동맥관 개존증의 예방적 치료로서 Indomethacin과 Ibuprofen의 효과)

  • Jeon, Bok-Seon;Kwon, Kyung-Ah;Park, Kyung-Hee;Byun, Shin-Yun;Kim, Myo-Jing
    • Neonatal Medicine
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    • v.18 no.2
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    • pp.228-233
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    • 2011
  • Purpose: The aim of our study was to compare the efficacy and safety of ibuprofen and indomethacin in the prophylaxis of patent ductus arteriosus (PDA) in preterm infants and to determine whether ibuprofen could be an alternative agent in prophylactic use. Methods: A retrospective study including 37 preterm infants <1,500 g of birth weight, <34 weeks of gestation, whom were administrated indomethacin (n=17; January 2009-December 2009) or ibuprofen (n=20; January 2010-February 2011) within 24 hr after birth was conducted. The rate of ductal closure, need for surgical ligation, clinical outcomes such as necrotizing enterocolitis, intraventricular hemorrhage, bronchopulmonary dysplasia, retinopathy of prematurity (ROP) and death rate were compared. Results: There were no statistically significant differences between the two groups in mean gestational age, mean birth weight, Apgar score, sex, type of delivery, maternal dexamethasone treatment, frequency and duration of ventilator and surfactant treatment. The closure of PDA on day 7 of life was in 19 of 20 infants of the ibuprofen group and 13 of 17 infants of the indomethacin group (P=0.159). Between the two groups, there were no significant differences with respect to clinical outcomes. Conclusion: Ibuprofen has similar effects to indomethacin in the rate of PDA closure. Our study demonstrates that prophylactic ibuprofen is relatively effective without significant differences with respect to clinical outcomes compared with indomethacin. Therefore, ibuprofen may be used as an alternative agent in the prophylaxis of PDA in preterm infants.

Pathogenesis and Prevention of Intraventricular Hemorrhage in Preterm Infants

  • Pei-Chen Tsao
    • Journal of Korean Neurosurgical Society
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    • v.66 no.3
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    • pp.228-238
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    • 2023
  • Intraventricular hemorrhage (IVH) is a serious concern for preterm infants and can predispose such infants to brain injury and poor neurodevelopmental outcomes. IVH is particularly common in preterm infants. Although advances in obstetric management and neonatal care have led to a lower mortality rate for preterm infants with IVH, the IVH-related morbidity rate in this population remains high. Therefore, the present review investigated the pathophysiology of IVH and the evidence related to interventions for prevention. The analysis of the pathophysiology of IVH was conducted with a focus on the factors associated with cerebral hemodynamics, vulnerabilities in the structure of cerebral vessels, and host or genetic predisposing factors. The findings presented in the literature indicate that fluctuations in cerebral blood flow, the presence of hemodynamic significant patent ductus arteriosus, arterial carbon dioxide tension, and impaired cerebral venous drainage; a vulnerable or fragile capillary network; and a genetic variant associated with a mechanism underlying IVH development may lead to preterm infants developing IVH. Therefore, strategies focused on antenatal management, such as routine corticosteroid administration and magnesium sulfate use; perinatal management, such as maternal transfer to a specialized center; and postnatal management, including pharmacological agent administration and circulatory management involving prevention of extreme blood pressure, hemodynamic significant patent ductus arteriosus management, and optimization of cardiac function, can lower the likelihood of IVH development in preterm infants. Incorporating neuroprotective care bundles into routine care for such infants may also reduce the likelihood of IVH development. The findings regarding the pathogenesis of IVH further indicate that cerebrovascular status and systemic hemodynamic changes must be analyzed and monitored in preterm infants and that individualized management strategies must be developed with consideration of the risk factors for and physiological status of each preterm infant.