• Journal of Arbitration Studies
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• v.23 no.1
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• pp.153-175
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• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.111-130
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• 2012

Judgment on the validity of patents on the subject of an arbitration does not. In other words, the occurrence of patents generated by the administrative action, and such administrative action by an authorized agency may be treated as legitimate until it is canceled. However, recent Supreme Court judgment on novelty and inventive step as well as judgments about the validity of the patent also made possible by the judiciary. This progress even in the mediation of an arbitral award which is premised on the validity of patents can be seen that possible. However, if the arbitration by an arbitrator if possible a certain portion of the limit exists. In other words, the effect of arbitration between the parties is valid. This patent is valid and invalid in arbitration even if the judgment relative to the effect ceases. In addition, the arbitration award and patent invalidation trial is in progress at the same time, if you consequently will reach a different conclusion. This can cause problems of double track. In addition, by extending the critical target recognition and enforcement in other countries can cause problems. Despite these problems, now about the validity of patents that it is possible intervention is necessary to discuss again.

• 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.

• Asian Journal of Innovation and Policy
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• v.4 no.3
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• pp.307-327
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• 2015

This study attempts to develop a methodology that analyzes patent applications to identify future skills, in particular in the sector of information security, recently into the spotlight. Matching skill elements from the International Patent Classification (IPC) with skill units from job analysis, the study tries to track trends in the skills needs based on IPC time-pattern. It then verifies the validity of the outlook for future skills needs by addressing the situation through the use of patents. The research assesses the usability of patent information for this type of analysis. While this study is limited to the information security sector by using Korean patent information, it can be expanded in the future to other areas and patents in the United States and Europe.

• The Journal of the Convergence on Culture Technology
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• v.7 no.2
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• pp.351-357
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• 2021

At the time when interest in the use of big data is rising in the face of the technological paradigm shift of the 4th industrial revolution, interest in the use of patented big data is increasing, especially as the proportion of intangible assets of companies increases. In addition to quantitative information, patent data contains various information such as unstructured text such as title, abstract, claim, citation and citation relations, drawings, and technology classification. It is judged that the use of treatment is important. Therefore, in this study, in order to systematically operate the innovative patent strategy framework and to secure a competitive advantage by strengthening the fundamental technological competitiveness of the company, we propose a method of using patent big data centering on the case of Company A, and verify its validity. I would like to suggest some implications. Through this, it is intended to raise awareness of the use of patent big data, and to suggest ways to use patent big data in connection with the company's company-wide strategy, business strategy, and functional strategy.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.11
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• pp.5809-5818
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• 2013

This study proposes a technology portfolio analysis method for technology outsourcing of pharmaceutical cooperations by applying the concepts of 'Pipeline Soundness' and 'Patent Validity'. This study also applied the developed portfolio analysis method to a 'real world case' of Amgen's acquisition of Onyx Pharmaceuticals to prove the applicability of the method to the real world cases and investigated the validity of the acquisition affair between the two companies. The results of portfolio analysis showed that Amgen's technology portfolio will be improved by acquiring Onyx Pharmaceuticals especially in cancer field which is their main field. So we concluded that Amgen's choice of Onyx pharmaceuticals as a source of technology outsourcing was reasonable. We think that the technology portfolio analysis method developed by this study will be a valuable tool for pharmaceutical cooperations for investigating their current technology status and selecting target companies for technology outsourcing.

• Journal of Gifted/Talented Education
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• v.25 no.4
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• pp.629-648
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• 2015

This study was to develop new psychological capital scale for high school students attending a technical high school specialized in invention and patent education, and to examine validity and reliability of the new psychological capital scale. Of the 400 high school students attending a technical a technical high school specialized in invention and patent education in a Province, Korea, 388 completed and returned the questionnaires. PCQ (Psychological Capital Questionnaire)-24 items version was modified to measure psychological capital of them. By conducting confirmatory factor analysis, the final 19 items were selected. The Cronbach's alphas of the final version were ranged from .723 to .871. Convergent validity was supported through correlations among the sub-scales of the final version of PCQ, creative intelligence, creativity, and academic efficacy. Criterion-related validity was supported by mean differences on 4 sub-scales of psychological capital (i.e., self-efficacy, hope, resilience, and optimism) between two groups (i.e., prize-winning experiences for invention or academic achievement).

• 대한공업교육학회지
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• v.40 no.1
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• pp.1-22
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• 2015

The purpose of this study was to select and organize educational contents needed to achieve systematic education of Invention intellectual property in secondary vocational education and ultimately to provide basic data for development of national-level curriculum. For this, the study, based on literature research, selected and organized educational contents of Invention intellectual property and learning elements in secondary vocational education, which served as the first draft. Then, the study verified its validity through experts' meeting and prepared its final draft. The experts' meeting comprized three teachers engaged in education of Invention intellectual property, two researchers (including a professor) and one person in charge of intellectual property. This study had following findings. First, the first draft of selection and organization of educational contents of Invention intellectual property in secondary vocational education as per the literature research suggested nine subject and 39 educational contents. The result of validity analysis for the suggested first draft turned out to be generally valid at 4.4 on average. Opinions modified and added by the experts' meeting were 30 in total with 5 altered, 20 modified and 5 added. Second, the result of validity analysis of learning elements in educational contents by the subject turned out to be generally valid. Average validity by the subject was revealed as Basics of invention 4.4, General invention/patent 4.5, Invention & problem solving 4.3, General intellectual property 4.5, Invention & design 4.6, Particulars of patents 4.4, Patent drawings 4.5, Patent & own business 4.5. Third, the final draft of educational contents of Invention intellectual property in secondary vocational education selected and organized eight subjects and 40 educational contents. The finally-suggested subjects included Basics of invention, General invention/patent, Invention & problem solving, General intellectual property, Invention & design, Particulars of patents, Patent information, Patent & own business.

• Journal of Legislation Research
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• no.44
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• pp.571-610
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• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

• The Journal of Information Technology
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• v.6 no.3
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• pp.75-85
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• 2003

It is highly required to evaluate the economic value of technology in many decision making of the technology management area, for example, technology acquisition, transfer, and investments. Also evaluating the performance of R&D objectively is very important subject in the public side. So, developing the objective technology evaluation system has much usefulness in practice. In many studies, the patent information has been suggested to the valid measurement for evaluation of technology. The purpose of this study is to explore the validity of patent information as a measurement of technology evaluation.