• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.473-485
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• 2015

Objective: This study provides strategies of how to effectively convert an invention, created at universities or government-funded research institutes, into a strong patent with the clear understanding of its unique technological characteristics. Background: Regardless of the amount of research funds available in our country and the decent number of intellectual property rights created using the funds, there was a deficit of more than KRW 6 trillion in the technology trade balance related with intellectual property rights in the year of 2014. One of the reasons was that the vast number of patents that were being produced by universities or by government-funded research institutes were merely performance-based patents, namely, so called "patents for patents". Another reason is that developed technology from research and development could not be transformed into a strong patent right properly due to the lack of related knowledge. Method: After reviewing various references mentioned on the patent strategies, the definition of a strong patent and the strategies of producing a strong patent for an invention drawn out from research performance will be supplied. Results: To produce a strong patent right at universities or government funded research institutes, one should use strategies for strong specifications, strategies of product patents and method patents, strategies of patent portfolios, strategies of know-how, strategies of inventions defined by numerical limitation and strategies of parameter inventions for a more strategic approach. Conclusion: Strong patent rights will be produced with the use of effective patent strategies provided in this study. Application: It is estimated that the results of this study will aid the establishment of strong patents for inventions developed by research performance at universities or government-funded research institutions.

• 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.

• 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 Chest Surgery
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• v.20 no.4
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• pp.793-797
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• 1987

Coronary artery fistula is an uncommon congenital heart defect that is readily amenable to surgical treatment. This fistula usually originates from the right coronary artery, but may arise from the left coronary artery, both coronary arteries, or single coronary artery. And the fistulous communication is most often to right ventricle, right atrium or pulmonary artery. Recently we experienced one case of congenital coronary artery fistula which was associated with patent ductus arteriosus. The fistulous communication, forming aneurysmal dilatation, was noted between the left anterior descending coronary artery and the right ventricular outflow tract. Cardiopulmonary bypass was employed in this case. After an arteriotomy was made on the aneurysmal coronary artery, both the proximal opening and the termination site of the fistulous tract were directly closed with partial aneurysmorrhaphy. The right ventricular chamber was also opened to evaluate the fistulous termination site. Postoperative hospital course of the patient was uneventful and she was discharged without problems.

• 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.

• The Korean Journal of Nuclear Medicine
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• v.21 no.2
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• pp.155-165
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• 1987

The noninvasive nature of the radionuclide angiocardiography provided a useful approach for the evaluation of left-to-right cardiac shunts (LRCS). While the qualitative information can be obtained by inspection of serial radionuclide angiocardiograms, the quantitative information of radionuclide angiocardiography can be obtained by the analysis-of time-activity curves using advanced computer system. The count ratios method and pulmonary-to-systemic flow ratio (QP/QS) by gamma variate fit method were used to evaluate the accuracy of detection and localization of LRCS. One hundred and ten time-activity curves were analyzed. There were 46 LRCS (atrial septal defects 11, ventricular septal defects 22, patent ductus arteriosus 13) and 64 normal subjects. By computer analysis of time-activity curves of the right atrium, ventricle and the lungs separately, the count ratios modified by adding the mean cardiac transit time were calculated in each anatomic site. In normal subjects the mean count ratios in the right atrium, ventricle and lungs were 0.24 on average. In atrial septal defects, the count ratios were high in the right atrium, ventricle and lungs, whereas in ventricular septal defects the count ratios were higher only in the right ventricle and lungs. Patent ductus arteriosus showed normal count ratios in the heart but high count ratios were obtained in the lungs. Thus, this count ratios method could be separated normal from those with intra cardiac or extracardiac shunts, and moreover, with this method the localization of the shunt level was possible in LRCS. Another method that could differentiate the intracardiac shunts from extracardiac shunts was measuring QP/QS in the left and right lungs. In patent ductus arteriosus, the left lung QP/QS was higher than those of the right lung, whereas in atrial septal defects and ventricular septal defects QP/QS ratios were equal in both lungs. From this study, it was found that by measuring QP/QS separately in the lungs, intracardiac shunt could be differenciated from extracardiac shunts.

• 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 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 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.