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Lages, Pedro Miguel de Oliveira. "Análise de patentes nas classes G06 e H04 nos principais institutos de patentes mundiais : enfoque nas empresas tecnológicas mais dinâmicas." Master's thesis, Instituto Superior de Economia e Gestão, 2016. http://hdl.handle.net/10400.5/13833.
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Mestrado em Economia e Gestão de Ciência, Tecnologia e Inovação<br>A análise da qualidade das patentes é um campo ainda relativamente pouco explorado. Para além de um instrumento jurídico que garante a proteção das invenções e direito económico que permite a transformação económica das mesmas, a patente é também um indicador tecnológico e de potencial inventivo. O objetivo do presente trabalho centrou-se na avaliação deste potencial tecnológico nas empresas que mais o demonstram à escala global. Neste sentido analisaram-se a qualidade dos pedidos de patente submetidos pelas empresas ZTE, HUAWEI, QUALCOMM, IBM, SAMSUNG, LG e SONY no USPTO, entre os anos 2000 e 2012. Esta qualidade foi avaliada mediante dois parâmetros: a taxa de concessão e o tempo de vida das patentes. Prestou-se ainda atenção à evolução que os principais institutos de patentes mundiais sofreram entre os anos 2003 e 2014 em termos de patentes concedidas. Os setores tecnológicos, definidos pelas IPC G06 e H04 foram essenciais, não só por demonstrarem o maior dinamismo de entre todos os setores, mas fundamentalmente porque foi neles que se centraram as análises de qualidade das patentes atrás referidas. Atribui-se ainda um especial destaque à China e às empresas Chinesas, em virtude da assinalável evolução demonstrada por este país no que respeita a patentes concedidas, tendo aumentado de 37.154 em 2003, para 233.228, em 2014. As empresas desta nacionalidade também se destacam por ocuparem o primeiro e terceiro lugares do pódio dos pedidos apresentados ao Patent Cooperation Treaty em 2015. Este facto revela estratégia de proteção global dos direitos de propriedade industrial.<br>Patent quality analysis is a field which is still poorly explored. A patent is a legal instrument that ensures the protection of inventions, a property right which allows an economic exploration, and also a technological and innovation potential indicator. This work focused on the evaluation of this technological potential in a group of companies that act globally. Therefore we analyzed the quality of patent applications filled by ZTE, HUAWEI, QUALCOMM, IBM, SAMSUNG, LG and SONY at the United States Patent and Trademark Office, between 2000 and 2012. Patent quality was assessed by two parameters: the grant rate and the patents lifetime. This dissertation also paid attention to the development that the top ?5 IP OFFICES? experienced between 2003 and 2014 regarding patents granted. Technological fields, defined by IPC (International Patent Classification) G06 and H04, were selected because they were the most dynamic fields; it was in these sectors that the patents quality analysis referred above was carried out. A special emphasis was assigned to China and to Chinese companies, due to the remarkable progress shown by the country in respect of patents granted, which in SIPO increased from 37,154 in 2003 to 233,228 in 2014. The Chinese companies also stand out by occupying the first and third places on the ranking of top applicants to the Patent Cooperation Treaty system in 2015. This dynamic suggests an overall protection strategy of industrial property rights.<br>info:eu-repo/semantics/publishedVersion
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Chavosh, Alireza <1980>. "Patent nonnuse: are patent pools as possible solution?" Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7097/1/Chavosh_Alireza_Tesi.pdf.
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Studies have depicted that the rate of unused patents comprises a high portion of patents in North America, Europe and Japan. Particularly, studies have identified a considerable share of strategic patents which are left unused due to pure strategic reasons. While such patents might generate strategic rents to their owner, they may have harmful consequences for the society if by blocking alternative solutions that other inventions provide they hamper the possibility of better solutions. Accordingly, the importance of the issue of nonuse is highlighted within the literature on strategic patenting, IPR policy and innovation economics. Moreover, the current literature has emphasized on the role of patent pools in dealing with potential issues such as excessive transaction cost caused by patent thickets and blocking patents. In fact, patent pools have emerged as policy tools facilitating technology commercialization and alleviating patent litigation among rivals holding overlapping IPRs. In this dissertation I provide a critical literature review on strategic patenting, identify present gaps and discuss some future research paths. Moreover, I investigate the drivers of strategic non-use of patents with particular focus on unused strategic play patents. Finally, I examine if participation intensity in patent pools by pool members explains their willingness to use their non-pooled patents. I also investigate which characteristics of the patent pools are associated to the willingness to use non-pooled patents through pool participation. I show that technological uncertainty and technological complexity are two technology environment factors that drive unused play patents. I also show that pool members participating more intensively in patent pools are more likely to be willing to use their non-pooled patents through pool participation. I further depict that pool licensors are more likely to be willing to use their non-pooled patents by participating in pools with higher level of technological complementarity to their own technology.
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Chavosh, Alireza <1980>. "Patent nonnuse: are patent pools as possible solution?" Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7097/.
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Studies have depicted that the rate of unused patents comprises a high portion of patents in North America, Europe and Japan. Particularly, studies have identified a considerable share of strategic patents which are left unused due to pure strategic reasons. While such patents might generate strategic rents to their owner, they may have harmful consequences for the society if by blocking alternative solutions that other inventions provide they hamper the possibility of better solutions. Accordingly, the importance of the issue of nonuse is highlighted within the literature on strategic patenting, IPR policy and innovation economics. Moreover, the current literature has emphasized on the role of patent pools in dealing with potential issues such as excessive transaction cost caused by patent thickets and blocking patents. In fact, patent pools have emerged as policy tools facilitating technology commercialization and alleviating patent litigation among rivals holding overlapping IPRs. In this dissertation I provide a critical literature review on strategic patenting, identify present gaps and discuss some future research paths. Moreover, I investigate the drivers of strategic non-use of patents with particular focus on unused strategic play patents. Finally, I examine if participation intensity in patent pools by pool members explains their willingness to use their non-pooled patents. I also investigate which characteristics of the patent pools are associated to the willingness to use non-pooled patents through pool participation. I show that technological uncertainty and technological complexity are two technology environment factors that drive unused play patents. I also show that pool members participating more intensively in patent pools are more likely to be willing to use their non-pooled patents through pool participation. I further depict that pool licensors are more likely to be willing to use their non-pooled patents by participating in pools with higher level of technological complementarity to their own technology.
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Bourová, Kateřina. "Patentové pooly." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-15739.
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Patent pools are agreements between patent holders to license their rights to central entity and then to sale these licenses to third parties. In the Czech Republic there is no such cooperation between firms. In this thesis I would like to describe this phenomenon to Czech public and firms. The othel goal is to find out if this cooperation is efficient.
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Zabeo, Gloria <1992>. "Patent Box." Master's Degree Thesis, Università Ca' Foscari Venezia, 2016. http://hdl.handle.net/10579/9249.
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CAVIGGIOLI, Federico Domenico. "Understanding patent system through the analyses of patent flows across countries and of patent quality." Doctoral thesis, Università degli studi di Bergamo, 2011. http://hdl.handle.net/10446/880.
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Burkhardt, Dominik, and Erik Dilexit. "David and Goliath : Patent litigation and its challenges for SMEs." Thesis, Uppsala universitet, Företagsekonomiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-446604.
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The current patent system is by many scholars considered flawed regarding the intended positiveeffects on innovation, especially for small and medium-sized enterprises (SMEs). However, aneffective patent system requires possibilities for firms to enforce their patent rights to fulfil thebasic premise of inspiring innovation. The purpose of this study is to examine the challenges thatSMEs face in patent litigation and how it affects them and their innovation. 14 semi-structuredinterviews were conducted with Chief executive officers or research and development managersof Swedish SMEs to gain insights into the process of patent litigation and its effects on theinterviewed firms. Results showed that R&D investments decreased after patent infringement inmany cases and that firms had a tendency to change the way new patents are written to createstronger patents. The main finding is that patent litigation had a negative effect on SMEs, due tothe high direct and indirect costs resulting from a patent case. This adds to previous researchwhich highlights the disproportionate effects of patent litigation on small firms compared tolarger firms.
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Tunç, Hakan Albeni Mesut. "Bir yenilik göstergesi olarak patent ve Türkiye patent performansı /." Isparta : SDÜ Sosyal Bilimler Enstitüsü, 2008. http://tez.sdu.edu.tr/Tezler/TS00610.pdf.
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Lundgren, Nils. "Pantsättning av patent." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431392.
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Seneviratne, Dilesha Nilakshi. "Patent link discovery." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/131137/1/Dilesha%20Nilakshi%20Seneviratne_Dissanayake%20Wasala%20Mudiyanselage%20Hakmana%20Walawwe_Thesis.pdf.
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Patents contain useful technical information about inventions; however, accessing the knowledge in patents requires considerable effort, which results in an under-usage of patent knowledge. This research investigated the core techniques that are required to create hyperlinks for patents similar to the hyperlinks in the Wikipedia. Such a system can make knowledge captured in patents more accessible to a wide range of patent users including scientific communities. In doing so, a new context matching technique was proposed to improve the accuracy of linking. In general, the research has extended the understanding of linking methods in the patent domain.
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Li, Zheng. "Criteria-based patent mapping for assessing potential conflicts between patent claims." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/10903.
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Evaluating claim conflicts between patents is a crucial issue in patent applications and validity allegations. Existing patent informatics tools do not relate well to the legal requirements of identifying claim conflicts; innovation theory does not address patent evaluations; and the current legal approach has weaknesses in the repeatability between cases. Therefore, a need emerges to design a scientific method for evaluating conflicts between patent claims. This thesis presents research on the topic of identifying, evaluating, and visualising patent conflicts. ‘Conflict’ is used to have the same meaning as obviousness, which is an essential legal term under the UK Patents Act 1977. Building on existing methods, this research provides a novel method called Criteria-Based Patent Mapping, for assessing claim conflicts between patents. ‘Criteria-Based’ means that this assessment uses evaluation criteria that clarify the inventive step of the patent. The source of these criteria is the well-known Theory of Inventive Problem Solving (TRIZ), which is incorporated into a statistical method of 'Patent Mapping' for evaluating and visualising differences between patent claims. The application of the new method to four case studies shows that there are differences in judging standards between the legal authorities; and also shows an average value of 52% agreement in predicting potential conflicts between patent claims. Based upon these results, the original 39 TRIZ parameters can usually be refined to about 12 criteria. The scope of this method is restricted to patents in mechanical engineering due to the relevancy of TRIZ parameters. This research transforms difficult claim-to-claim evaluations into simpler claim-to-criteria comparisons that lead to more efficient and transparent patent evaluations. Such improvements will be useful for better decision-making in patent strategy.
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Brandt, Christina E. "Software Patents and Litigation Patterns: Does patent hoarding deter or incentivize litigation?" Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/793.
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This paper looks at the relationship between software patent hoarding and firm litigation involvement. Software patents are relatively new, as the first software patent was granted in 1995. Since that first patent was granted, firms throughout the industry have engaged in a patent ‘arms race’ of sorts. Using data from Lex Machina IP litigation database and the USPTO, this study examines whether patent stock size impacts the incentives for firms to litigate by assessing the total number of law suits software firms are involved in and their litigation involvement broken down by party role. The results indicate that a larger patent portfolio will marginally increase the number of suits a firm files as a plaintiff. The results are inconclusive on the potential deterrence effect a firm can create by hoarding patents to discourage competitor firms from suing them.
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Stefan, Cristian. "Patents and patent races. Do we need them? How should we behave?" Doctoral thesis, Humboldt-Universität zu Berlin, Wirtschaftswissenschaftliche Fakultät, 2016. http://dx.doi.org/10.18452/17642.
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Diese Dissertation analysiert eine Vielzahl von Aspekten, die sich auf Patente und Patentrennen beziehen. Im einleitenden Kapitel wird die betriebs- und volkswirtschaftliche sowie die gesellschaftliche und ethische Bedeutung von Patenten hervorgehoben. Es werden sowohl Stärken als auch Nachteile von Patenten vorgestellt. Kapitel 2 beschreibt Instrumente, die von Entscheidungsträgern benutzt werden können, um Patentschutz zu regulieren: Patentbreite, -höhe und -länge. Das Kapitel zeigt weiterhin, warum ein optimales Regulierungsniveau nicht erreicht werden kann. Kapitel 3 behandelt den dramatischen Anstieg von Patenttätigkeiten in Europa als auch weltweit. Erklärende Faktoren für dieses Phänomen sowie Effekte und mögliche Lösungen werden diskutiert. Im vierten Kapitel wird gezeigt, dass Patente zu einem großen Gewinnzuwachs in der Pharmaindustrie beigetragen haben, während die Innovationsfähigkeit dieser Industrie gesunken ist. Patentrennen für Pharmaka und die Entwicklung von Generika werden auch in diesem Kapitel analysiert. Kapitel 5 gibt einen umfangreichen Überblick der Literatur zum Patentrennen und zeigt, dass diese Literatur extrem komplex, widersprüchlich, instabil bei experimenteller Überprüfung und allgemein uneindeutig ist. Kapitel 6 stellt eine experimentelle Studie eines Patentrennens vor. Es beginnt mit einem intuitiven Modell eines Segelwettbewerbs; danach wird ein spieltheoretisches Modell eines asymmetrischen F&E-Wettbewerbs zwischen zwei Firmen entwickelt; später werden Gleichgewichtsvoraussagen formuliert und mit den Handlungen realer Entscheidungsträger in einem experimentellen Labor verglichen. Eine ökonometrische Untersuchung zeigt ein hohes Maß an Übereinstimmung zwischen den theoretischen Vorhersagen und den experimentellen Ergebnissen. Das letzte Kapitel fasst die Schlussfolgerungen der Dissertationen zusammen und bietet Empfehlungen.<br>This dissertation analyzes a plethora of aspects related to patents and patent races. In the introductory chapter the importance of patents to business, economics, society and ethics is emphasized. On one side, the traditional argument in favor of patent protection as well as further strengths of patents are presented, while on the other side situations in which patents bring significant drawbacks and disadvantages are identified. Chapter 2 describes the instruments that can be used by policymakers to regulate patent protection: patent breadth, height and length. The chapter further shows why an optimal level of regulation cannot be achieved. Chapter 3 deals with the dramatic increase in patenting activities in Europe and around the world. Determinants of this phenomenon as well as its effects and potential solutions are provided. In the fourth chapter patents are shown to have contributed to a large rise of profits in the pharmaceutical industry, while the industry’s innovativeness seems to have declined. Patent races for pharmaceuticals and the evolution of generic medicine are also analyzed in this chapter. Chapter 5 gives an extensive overview of the patent race literature and shows that this literature is extremely complex, filled with contradictions, not robust to experimental testing and overall inconclusive. Chapter 6 sets out an experimental study of a patent race. It starts from an intuitive model of a sailing race, develops a game-theoretic model of an asymmetric R&D competition between two firms who want to attain a patent, formulates equilibrium predictions and compares them with the actions of real decision makers in an experimental laboratory. An econometric analysis proves a high degree of consistency between theoretical predictions and experimental results. The last chapter wraps up the main conclusions of the dissertation and proposes some recommendations.
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Nunez, Olsson Thalia. "En inre marknad för patent på EU-nivå : Hur påverkas nationella patent." Thesis, Jönköping University, JIBS, Commercial Law, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12227.
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<p>Inom EU så finns det två alternativa patent som innovatörer kan välja emellan, det europeiska och nationella patentet. Europeiska patent har visat sig inte vara tillräckligt rättssäkra och ekonomiskt överkomliga. Det beror på den risk som finns med flera patenttvister och motsägelsefulla domar.</p><p>Det är därför som EU vill skapa en inre marknad för patent på EU-nivå. Det vill skapa ett gemenskapspatent och en europeisk patentdomstol. Gemenskapspatentet kommer vara ekonomiskt överkomligt, och genom en europeisk patentdomstol kan den göras rättssäker. Nationella patent kommer inte att ta del av en sådan konstellation. En europeisk patentdomstol kommer sakna behörighet vad gäller nationella patent.</p><p>Alla aspekter i en inre marknad för patent på EU-nivå kan tänkas ha en negativ inverkan på nationella patent. Författaren syfte är att utreda hur nationella patent påverkas.</p>
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Righi, Cesare. "Essays on patent examination and standard essential patents." Thesis, 2017. https://hdl.handle.net/2144/23353.
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This dissertation contains three studies on the patenting process and standard essential patents. The first study analyzes the matching of patent applications to examiners at the U.S. Patent and Trademark Office. The analysis uses statistical tests originally developed to study industry agglomeration and finds strong evidence that examiners specialize in particular technologies. Specialization is more pronounced in the biotechnology and chemistry fields, and less in computers and software. Evidence of specialization becomes weaker conditioning on technology subclasses. There is no evidence that certain examiners specialize in applications that have greater importance or broader claims. Finally, the study shows that more specialized examiners have a lower grant rate and produce a larger narrowing of claim-scope during examination. The results have implications for the growing literature that exploits examiners characteristics to study the effects of patenting.
In the second study, I analyze the strategic behavior of applicants for Standard Essential Patents. Owners of these patents (and especially those that rely more on patents to generate revenues) use the mechanisms provided by the patent system to delay issuance more often than owners of similar patents. The analysis also shows that applicants for Standard Essential Patents may delay issuance to obtain the right balance between patent breadth and strength, and that companies prolong prosecution until the standard is set, possibly to cover the standard with additional claims. Finally, I find a positive correlation between the issuance lag and the probability of patent litigation. This suggests that owners of Standard Essential Patents may delay issuance to obtain patents that are more valuable, or that longer lags are associated with failures in licensing negotiations.
The third study exploits Standard Essential Patents as a window on standardization and analyzes the direction of technical progress that builds upon compatibility standards. It uses patent citations to characterize the dispersion of cumulative inventive activity across technological areas. The overall pattern of results suggests that Standard Setting Organizations select technologies that are important in a relatively narrow technological area, and their adoption as input for following inventive activity broadens after standardization.
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Chiang, Pei-Chin, and 蔣佩津. "Method of Constructing Patent Portfolio for Original Patents." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/95661666785076521665.
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碩士<br>國立臺灣大學<br>機械工程學研究所<br>105<br>The number of international patent cases keep increasing. In 2010, Apple.Inc once accused HTC of infringing on five of their patent rights and requested the US government to seize their goods at customs, which caused a tremendous loss to HTC. The case also highlighted the importance of patent rights and further made us re-asses the quality of patent in Taiwan. In fact, there are plenty of approaches to improve the current issue on quality of patent rights in Taiwan. One of the approach indicates that, in Taiwan, we mainly deal patent with Passive Patent Strategies which means that enterprises first look for unpatented technology (also as technology gap) by Technology Function Matrix, and then apply its patent from the analyzed technology scope. This sort of strategy is passive and mainly given to avoid infringing others’ patent rights; however, this approach of patent deployment exists high potential risk as it still confronts a whole patent family (which includes Original Patent, Continuation Application, Continuation-In-Part Application, and Divisional Application). Therefore, this research aims at offering a new strategy of patent application－Active Patent Strategy, with the information based on patent database (USPTO), designing an Original Patent that covers several fields, to provide the following Continuation Applications, Continuation-In-Part Applications, and Divisional Applications a better protection. Two cases are studied, which shows how an improvement of patent quality issue can be achieved, and solve the conundrum we face in Taiwan.
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Huang, Yun-Chen, and 黃韻縝. "Patent Infringement Notice and Patent Enforcement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/95509698048560533473.
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Shih, Meng-Jung, and 史孟蓉. "A Study of Patent Mining: Patent Classification and Patent Trend Change Mining." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/66514302556906692350.
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博士<br>國立交通大學<br>資訊管理研究所<br>98<br>Before executives or mangers make strategic decisions for an organization, competitive intelligence always plays a critical part on identifying niches within macro environment. For analyzing the competitive intelligence, either within a business scope or on a global view, patent is absolutely the most visible factor on evaluating competence of each participating business. This thesis proposes two approaches for different patent management purpose: the hybrid patent classification approach for automatically classifying patents, and the patent trend change mining approach for detecting technological change trends.
The hybrid patent classification procedure combines classic content-based, citation-based and metadata-based methods, with a novel patent network-based method to perform patent classification. The proposed patent network, which contains various types of nodes that represent different features extracted from patent documents, and the nodes are connected based on the relationship metrics derived from patent metadata. The novel approach analyzes reachable nodes in the patent ontology network to calculate their relevance to query patent, after which it uses the k-nearest neighbor classifier to classify query patents. To further improve the approach, it is combined with content-based, citation-based and metadata-based classification methods as the proposed hybrid classification approach. We evaluate the performance of the hybrid approach on a test dataset of patent documents obtained from the United States Patent and Trademark Office (USPTO), and compare it with the performance of the three conventional methods. The results demonstrate that the proposed patent network-based approach outperforms the conventional approaches, and the proposed hybrid classification approach performs better than the patent network-based approach.
The proposed patent trend change mining (PTCM) approach can identify changes in patent trends without the need for specialist knowledge. The proposed approach consists of steps including patent collection, patent indicator calculation, and change detection. In change detection phase, the approach firstly extract rules between two different time periods, comparing them to determine the trend changes. These trend changes are then classified into four categories of change, evaluated with change degree and ranked by their change degree as the output information to be referred by decision makers. We apply the PTCM approach to Taiwan’s semiconductor industry to discover changes in four types of patent trends: the R&D activities of a company, the R&D activities of the industry, company activities in the industry and industry activities generally. The proposed approach generates competitive intelligence to help managers develop appropriate business strategies.
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Chou, Yung-Ming, and 周永銘. "TECHNOLOGY CLUSTERING OF PATENTS BASED ON THEIR PATENT CLASSIFICATION." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/30233267164282962923.
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碩士<br>國立臺灣大學<br>機械工程學研究所<br>94<br>In this thesis, patents are clustered into technological classifications according to their technological similarities that can be represented by the US patent class numbers. Ward’s method of hierarchical agglomerative clustering analysis is adopted to find hierarchical relationships in the clustering results, and the difference between patent class number features and the weight of patent class number features are studied as well. This research can be divided into three steps: the related patent class numbers are first rearranged through the patent classification system; secondly the technological similarities among all patents are formulated and computed; finally patents with higher technological similarity are clustered in accordance with the clustering analysis of patents.
Last but not the least, patents in ODF technology is proceed through our clustering analysis, and the practicality of applying the patent classification clustering in the classification of different patent technologies is verified. Moreover, a technological clustering result with hierarchical relation is established that fits what a researcher requires better than the existing technological professional classification did.
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Lin-Zen-Chen and 林子丞. "Relief of patent infringement - patent law center." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/77248181251860682965.
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碩士<br>玄奘大學<br>法律學系碩士在職專班<br>102<br>英文摘要
Judicial remedies for patent infringement in this paper, the legal remedies way to explore the surface of the core focus, discusses the theoretical basis of the relevant legal requirements and our country. First by a variety of basic patents face start to have a preliminary understanding of the function and patent issues. Until after the completion of the necessary patent stating, starting from the upper part of law on patent infringement enter this article would discuss the core, which contains the Chinese Civil Procedure Law and patent law on patent infringement procedure for relief provisions, contractual relationships the presence or absence of relief and claims and legal effect of other regulations, to explore how the laws should be reviewed on the relief of patent infringement and opinions of various doctrines. Then again to actually existing intellectual property patent litigation before the courts, to explore the provisions of tort relief on the practical implementation of the works.
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Hsu, Hsin-Yi, and 許欣怡. "Analyzing TSMC patent strategies by Patent Index." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/5xjgkn.
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碩士<br>國立臺北科技大學<br>智慧財產權研究所<br>101<br>Taiwan Semiconductor Manufacturing Company (TSMC) is the world’s largest pure-play semiconductor foundry. TSMC''s manufactured products are used in a broad spectrum of applications, such as computer, communications, consumer electronics, and other electronics. In recent years, the patent information plays high stake more important role of the industrial development, TSMC is also take in intellectual property theme. The patent indexes become the important benchmark to evaluate the patent information.
Therefore, this study applied the patent indexes, IPC and USPC to analysis TSMC''s patent, and discovered that TSMC''s technology was very concentrated in specific fields. But in the early stage combine applications day and patent classification, we found that TSMC started to expand more technological fields.
TSMC patent growth rate had obviously increased by Patent Growth Percent in Area results. We also discovered that TSMC technical influence was below average through Current Impact Index calculate analysis. Generality and originality indexes results showed that TSMC research application field was not too broad and creativity was about average, In the end, this study combined TSMC cooperative partners and IP analysis to obtain TSMC''s strategy model.
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Chang, Yu-hsin, and 張友信. "Evaluate Patent Value by Patent Priority Approach." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/65557964570762947056.
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博士<br>國立雲林科技大學<br>企業管理系博士班<br>102<br>Patent war is already a global issue. However, evaluation of a company’s patent portfolios is still ambiguous. Prior studies evaluate patent value with external patent indicators such as citation. This research discusses on value of patent family with internal views. The result shows that patent family is an effectual portfolios. Science linkage and ratio of earn and plan are positively related to infringe award. This study finds out that Patent Priority Approach has several bugs and brings up Modified Patent Priority Approach. This study also constructs Patenfamimatrix to define the characters of patent family priority network as an analysis tool.
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Chen, Wei-Ying, and 陳威穎. "The Dynamic Capabilities of Organization Affect Patent Commercialization or the Duration of Patent Expired：The Case of Bio-Patents." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/q3z8k2.
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Liang, Chen-Huan, and 梁振煥. "Combination of patent citation analysis with new patent development rules for analysis of the related dental light patents." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/95j7es.
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Ho, Tsung-Hua, and 何宗樺. "Patent Layout of Patent Search & Patent Map Analysis: Case Study of SANFORD." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/53821936937243654428.
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碩士<br>國立勤益科技大學<br>研發科技與資訊管理研究所<br>97<br>The traditional stationery industry， under the competition intense environment， like mainland low cost tendering， Japan's high quality design， as well as WTO and the massive computerization revolutionary impact， under the environment fast vicissitude condition， causes to send the nowadays industry in addition the survival requirement to be especially difficult. The enterprise in order to increase the core competitive ability， must have to continue to invest the new structure， the new model development unceasingly enhances the product the additional value， can continue to survive gets down. The patent is the enterprise engineering research development achievement， this research pre-utilization patent retrieval analysis， patent map construction， in addition use patent evasion design skill， on the one hand for urges efficiency of the new product development to enhance， simultaneously also may reduce patentability of possibility of and the increase product the patent violation. Has approved the patent using enterprise itself， carries on the patent retrieval and the manufacture patent map， and because of the patent map establishment， understood future of trend of development the industrial research and development technology， except the analysis various countries competitor technology in research and development intensity， patent quantity present situation and the increase will future research and develop the innovation ability， will enable enterprise of operator this industrial domain because of the understanding patent present situation， simultaneously will coordinate the enterprise the management strategy to plan of development targets the future medium and long-term， and will let research and develop the personnel to be able to have the further understanding after the new product development design direction， will use collects and patent of information the analysis， will induce a complete patent evasion design method. Innovation method flow this research institute predetermined establishment， will conducive toward favor the enterprise to understand this industrial research and development technology the tendency， and will be able to reduce or to avoid violating other people patent， will develop by the time has the competitive power patent and the product.
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Peng, Kuo-Liang, and 彭國樑. "A Study On Patent Examiners, Patent Outsourcing and Patent Incentives Affecting Producing Patent－Case Study on Android Smart Phone Firm." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/7c67f8.
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碩士<br>國立中正大學<br>會計資訊與法律數位學習碩士在職專班<br>103<br>This study is to explore the impact on the Producing Patent of Patent Examination, Patent Outsourcing, Patent Incentives and Synthetic Patent Mechanism. This research mainly aims at the R & D personnel of Android Smart Phone is an object, by the questionnaire survey way, carries on the material the collection, discusses between various variables using the statistical real diagnosis's method the relationship, and analysis during each variable positive and negative to the relational degree, according to the real diagnosis result proposed that the conclusion and the concrete suggestion, improve producing patent as the Android Smart Phone Firm.
The findings are discovered as follows: (1) Patent examination has a positive effect on Invention patent；(2) Patent examination has a positive effect on Utility model patent；(3) Patent examination has a positive effect on Design patent；(4) Patent outsourcing has a positive effect on Utility model patent；(5) Patent incentives has a positive effect on Invention patent；(6) Patent incentives has a positive effect on Design patent；(7) Synthetic patent mechanism has a negative effect on Patent output.
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Hsu, Feng-ming, and 許峰銘. "A Study on Taiwanese High-Tech Industries Patent Planning：The Patent Strategies and Patent Indicators." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/36101566068512340507.
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碩士<br>義守大學<br>管理研究所碩士班<br>93<br>With the development of science & technology and the progress of the times, the importance of intangible assets is becoming more and more important. The patent right is especially favored by enterprises as it obtains most legal monopoly. Patent right，which is an integration of strategic assets and competitive weapons，is closely related to the development of high-tech industries. The high-tech enterprises give top priority to research and development, regarding patent as an edge tool to protect their inventions. Patent has turned from a simple legal topic to the means of enterprise competition, and has become an indispensable factor in the business running in high-tech industries.
With the characteristics of mature and advanced legal system, huge market interests and excellent environment for litigation, the U.S.A. has become the largest battlefield for patent lawsuits in the world. As Taiwan is unavoidably involved in these lawsuits, it is urgent for Taiwan to gain a panorama of the patent lawsuits. The U.S. patent infringement litigation is addressed in this study.
The patent indicator is a concrete representation of the characteristic of patent. This study makes a survey of the U.S. patent in Taiwan’s high-tech industries. The patent indicator of quality and quantity may fully evaluate the representation of U.S. patent in Taiwan’s high-tech industries. From the management strategy on the patent operational level and the research & development on the technical level, the study plans to develop a set of applicable patent programming and management guidelines with substantial effects, which will be provided high-tech enterprises in Taiwan with reference for patent management.
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Lee, Chi-Feng, and 李奇峰. "Patent Evaluation and Patent Investment of Biopharmaceutical Industry." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/92592016956921797842.
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碩士<br>國立臺灣大學<br>管理學院財務金融組<br>98<br>Biopharmaceutical industries have encountered many difficulties that need to overcome such as research and development or subsequent marketing. In particular, acquisition of innovative technology, upgrading of machinery, capital funds and human resources are the key element to operate a biopharmaceutical companies. Hence, for them to survive, they must constantly develop new products to increase the revenue. Other than developing new products or incorporating with others, shortening the launch time for new products is one of important competitive strategy for facilitating company growth. Developing new drugs is a high risk investment that requires a long period of time and large amount of funds. Once the developed products launch to the market successfully, these products will monopolize the market under the protection of intellectual property law. Consequently, the returned profit will be multiplied. Therefore, it is an interested topic to discuss how biopharmaceutical industries apply patent layout and knowledge of investment and management on increasing enterprise competitive
According to Porter’s five forces theory and SWOT analysis on case studies reveal that due to financial crisis in 2008, the total number of global pharmaceutical industry policy in strategic alliance has declined. However, the number of biotech companies participating in the alliance is increasing every year. This indicates biotech companies play an important role in product developments and patent technology layout. The biotech companies have greater advantages in complementary competition of patent strategy alliance. Thus, if the biotech companies could incorporated with others with innovated technology and investing strategy on patent layout and authorizing cooperation, it not only brings more funds but also shares many risks on enterprise developing.
To enhance competitiveness, during the research and development phase in biopharmaceutical production, patent application mode and global patent layout investing strategy can be proposed in several directions. Firstly, both researching and manufacturing are performed by the patent holder. Secondly, partners, in the strategic alliance, manufacture with authorized license from the patent holder. Thirdly, the patent holder constructs a specific landmine for patent layout. Fourth, the patented technology can be exchanged among the strategic alliance partners. Lastly, the patent license can be sold to a third party. A case study on global biopharmaceutical industry operating strategy shows that the developed product close to launch time, the risk is lower and the revenue might be higher. To accelerate patented product to be on the market, it is suggested to develop low risk candidate drugs, obtain patented technology transferring and cooperate with others in order to solve the problem for biopharmaceutical industrial are not capable to launch product in a short period of time. Following the trend of global industrial strategic alliance, the domestic biotech industry should be actively seeking product licensing, technology transfer, authorized manufacturing, and collaborative marketing. To open the oversea market or shortening the product development timeline, the global strategic alliance is an important developmental model for small and medium sized biopharmaceutical enterprises to breakthrough.
Although there are plenty hypothesis of patent evaluations, there is no such a standard evaluation model for biopharmaceutical industry. In order to establish strategically patent investing evaluation tool, according to concept of financial and economic evaluation, the analysis of case study on biotech patent evaluation model suggests investment expectations, risk adjusted net present value, real option, and compound option are combined to form evaluation process on new drug patent. In particular, from financial analysis discovers key success factors for the successful patent investments are focused on new drug development, enough number of patented product combinations, investing abundant resources, establishing cooperative alliance operating model from global layout, and incorporation with government policy and international regulation. With all above, a suitable and reflex patent layout investing strategy can be built. Thus, enough fund raise must be achieved in order to complete on patented clinical trials. Nevertheless, if fixed costs were higher than expected during new drug developments, it would be the priority subject to resolve for the enterprise. Cost down, for instance, can be performed to make up revenue shortages. Establishing specific targets, targeting distinct service segments, and launching international business values containing products are essential for a long lasting enterprise to operate.
The theory of value chain and the evaluation of patented technology serve as a basis for analyzing the case studies on the patent evaluation of the biopharmaceutical companies and product investing strategies. Hopefully, a series of analysis from above can provide beneficial references on constructing the patent layout and investment strategy.
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Chen, Tong-Yu, and 陳東郁. "Patent Valuation by Semiconductor Device Litigated Patent Characteristics." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/50800263426381177641.
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碩士<br>國立交通大學<br>管理學院科技法律學程<br>99<br>US patent litigation cases are increasing rapidly in the recent years. 861 types of IPC code H01L patents were involved in litigation during the period of 1990 to October of 2010. Although Taiwan companies have been applying for the U.S. patents aggressively， very few litigated H01L patents were owned by Taiwan companies. There are over thousands H01L patents granted to Taiwan companies in the past decade. It is necessary to find an efficient method to differentiate the value of H01L patents before conducting deteailed reviews on specific patents to serve litigation purpose.In this paper， litigated H01L patents were categorized into one-time litigatation and more than three-time litigation, repectively, for patent evaluation. The Z-test is employed to perform a statistical test for comparing the patent characteristics. There are significant differences among those patents that were litigated in different times. It is also found that although operating companies hold the majority of litigations to protect their market interests, the NPEs are aiming at multiple targets simultaneously by their patents..
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Su, Fang-pei, and 蘇芳霈. "Analysis Model of Patent Portfolio: Patent Family Perspective." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/00986464043538803850.
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博士<br>雲林科技大學<br>管理研究所博士班<br>97<br>Many firms own a large number of patents, but just little ones can create their maximum financial capital through realizing the value of patents. Thus, how to transform the intellectual property capital into physical financial capital is an important issue of study for companies concerned with management performance. This study proposes an analysis approach, named Patent Priority Approach (PPA), based on patent priority from the company’s internal viewpoint. The approach initiates the steps of data search in the disputed patent, building the dataset from its patent family members, using the relation of claiming and be claimed of the priority patents when constructing the patent priority network. Therefore presents algorithms for critical chain, significant chain and core patent candidates. We illustrated the concepts and applications of PPA with the case of a medical device firm. Integrated the aforementioned information, the company’s patent portfolio strategy can be analyzed, evaluated, and predicted systematically. In addition, the market value can be realized to improve management performance. The conclusion of portfolio approaches and applications will provide insights for managers such as CEO, CTO, R&D managers and intellectual property managers.
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Chen, Tu Pei, and 杜沛蓁. "Adjudication of Patent Validity Issues in Patent Infringement." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/06756989570647735687.
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碩士<br>國立臺北大學<br>法律學系一般生組<br>98<br>The legal dispute of a patent right in Taiwan was traditionally proceeded in two paths. While the patentee may sue the infringer in a general court, the infringer can file an opposition in the Taiwan Intellectual Property Office (TIPO) to challenge the patentability of the disputed patent. The general court may grant a motion to stay filed by the infringer on the ground that the patentability issues are adjudicated in the TIPO. The general court will wait until the TIPO decides whether the disputed patent is valid. That causes the dispute to last for several years without any solid outcome, so the patentee cannot enjoy substantial protection of his patent right.
To solve such problems, the Legislative Yuan passed the Intellectual Property Court Organization Act and Intellectual Property Case Proceeding Act effective in 2007, and, then, created the Taiwan Intellectual Property Court which was established on July 1, 2008 and has exclusive subject matter jurisdiction over patent cases. Regarding a patent dispute, Article 16 of the Intellectual Property Case Adjudication Act provides that the TIPO may determine patentability issues raised by a defendant. In this thesis, the legal theories and practice related to the new system will be discussed.
This thesis has seven chapters. The first chapter is the introduction explaining the research motives and purposes, scope and methodology, and thesis structure.The second chapter introduces the Taiwan Intellectual Property Court.The third chapter describes the legal nature of granting a patent. The fourth chapter introduces the legal systems of different countries, such as the United States, German, and Japan, in adjudicating the validity issues of a patent. The fifth and sixth chapter discuss the law regarding adjudications of patentability and the issues arising from the practice of the Court, and analyze the Court’s decisions related to patentability in patent litigation. The seventh chapter is the conclusion providing comments and solutions.
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Tseng, Chih-Rei, and 曾志睿. "The advantages of valuable patents─In perspective of patent trol." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/12133060977153822439.
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碩士<br>雲林科技大學<br>企業管理系碩士班<br>97<br>According to understand the importance of intellectual property rights, and intellectual property is closely related to the patents, the role of patents as the patron saint of intellectual property, and the focus of this thesis is to lock in the value of patents. In this thesis is to explore the patents of the patent troll have brought about the new impact, no matter what kind of industries, as long as the intellectual property need patent protection, there may be the emergence of patent troll. Patent troll hands many patents, and how to find the valuable patents? This question is the important part of this thesis, what are the glamorous valuable patents? Let us research the secret.
In this thesis to collect information literature on the definition of the patent troll, and then sorted out to explore the type of the patent troll in this thesis. This includes the definition and the origin of the patent troll and explains what behavior to understand the special “VIP”. And collection of literature on the evaluation of the patent, and to understand the value of valuable patents can be done by assessment of what kind of indicators to show the value. In this thesis, contains 10 kinds of indicators include claim, Independent of claim, citing the previous patent, citing non-patent literature, cited the number, patent family, the application process, the patent age, IPC number , UPC number, the 10 indicators to evaluate the "Patent Troll" patents.
Collection the database to execute statistical analysis to study the patent troll want to have the patents, what is unique, and generally where the difference with general patents. Study II is that the patent troll owned the patents, which patents are being used to suit, and which patents are not yet being used to suit. What is different between the two kinds of patents in the validation of these indicators, the whether the difference is that this study will validate the issues. Study III was to explore the patent troll obtained through the purchase of patents, and their own R & D of patents, whether its differences, whether its value has a considerable gap. In Study IV & V, compared with different types of patent troll to make analysis.
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Pei-Ching, Huang, and 黃姵菁. "Patent Misuse." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/31300661368177840759.
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碩士<br>東吳大學<br>法律學系研究所<br>92<br>The patent offering the investor the rights, for a period year after the patent application is filed, to exclude all competitors from making, using or selling certain technological advances that result from the investment. Therefore, the common view was that patent created monopolies to spur innovation. The exclusive rights of patent did provide a commercial incentive to invent, however, the truly long term purpose for patent grant is to promote innovation and the consumer welfare. According to this perspective, if an inventor or licensor misuse their rights, which cause an anticompetitive effect, should we still give them the completely protection? It can be an interesting issue to discuss.
We can find that the inventor or licensor may expand their exclusive rights, which can cause anticompetitive effect, by go beyond the scope of the patent grant, refusal to license, restrict to license and licensing infringement…etc. In order to resolve this problem, we can put emphasis on the patent law regimes itself, but also can pay attention to the competition law.
However, the intersection of competition law and intellectual property laws has always interested lawyers and scholars. This is because the intellectual rights created monopolies to spur innovation, while competition law sought to eliminate monopolies. For even there is an agreement on the common goals of competition law and intellectual property laws-- to promote innovation and the consumer welfare---, there is far less agreement on the appropriate balance between the methods of each regime in particular situations.
Accordingly, this article will outline the rapidly developing legal rules that govern the intersection of competition law and intellectual property rights. And this article will then overview the following subjects of patent misuse: Tying, Package, Licenses, Non-metered royalties, Grant-Back Clauses, Field-of-Use Restrictions, Patent Pools, Cross Licenses and Price Discrimination. Finally, this article will provide brief summary of the important issues as discussed during the court hearing from worldwide, wish can offer some beneficial suggestion to our legislation.
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Weng, Hung-Wei, and 翁宏瑋. "patent analysis." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/57482428684907312542.
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碩士<br>國立中央大學<br>企業管理學系碩士在職專班<br>98<br>In the past, the industry of the semiconductor followed Moore'' s Law to development, however ,they find that when the process more shrink and then its manufacturing cost increase more quickly, and the material physical characteristic also have bottleneck. The semiconductor manufacturer breaks traditional thinking, combines the structure under designing with 3D IC with " More Moore " and " More than Moore " idea.
This research focuses upon the relationship between patent analysis and R&D planning. Patent analysis enables researchers and business executives to assess the competitive patent landscape prior to engaging in costly research and development, patent execution, or merger and acquisition activities. It is not only a powerful weapon in business but also a protective tool. Before planning R&D strategy, the companies have to analyze all related patents of the target technology.
This research try to figure out the relationship between patent analysis of 3D IC and R&D strategy from dissimilar view about technology life cycle, the sources of technology, R&D schedule and business model. This research also concludes that the companies should arrange different patent strategies and R&D plans in different developing stages.
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Hlavenková, Pavlína. "Evropský patent." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-267000.
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This master thesis deals with the European Patent System. The aim of this thesis is to provide the reader with a complex review of the Patent Law at the european level from its early beginning, when in the 70's was signed the European Patent Convention at the Munich Diplomatic Conference, up to the present. The thesis is systematically divided into five chapters and each chapter also contains several subchapters. The first chapter is dedicated to historical development of the European Patent. In the second chapter there is a brief description of the European Patent Convention and its two most important revisions. The third, most extensive chapter is dedicated to the European Patent Organisation which was founded in 1977 on the legal basis of the European Patent Convention. I deal especially with its two fundamental bodies - the European Patent Office and the Administrative Council. There is also a definition of the term of patentability as it is regulated by European Patent Convention and a characteristic of the European Patent Application. A separate subsection of the third section focuses on the patent granting procedure in front of the European Patent Office. I deal also with the character of the European Patent as such, I try to critically evaluate its biggest deficiencies but also to point...
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Drhlíková, Eva. "Evropský patent." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-334866.
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The purpose of this thesis is to examine European patent. The work deals with the historical development of the European patent from its beginning to the current system. Subsequently, the work focuses on analysis of the European Patent Organization established with the adoption of the European Patent Convention in 1977. The functioning of the European Patent Office and the Administration Council, including a summary of the sources for the decisions of the European Patent Office is captured in the second part. The third chapter focuses on the question of patentability, the process of filing a European patent application and its effects in the Czech Republic. The fourth chapter deals with the emergence of the Agreement on the Unified Patent Court and its critics. The main emphasis is placed on the description of the future operation of the Unified Patent Court and the issues that arise around it.
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Abdelnour, Rita G. "The use of economics experiments to understand patent licensing, patent challenging and patent litigation behavior." 2009. http://digitalcommons.unl.edu/agecondiss/2.
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Thesis (M.S.)--University of Nebraska-Lincoln, 2009.<br>Title from title screen (site viewed May 20, 2010). PDF text: x, 184 p. : col. ill. Publication: Dissertations and Theses in Agricultural Economics. Includes bibliographical references.
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Yang-ChanTing and 丁暘展. "Long-term Performance Following Patent Grants Announcements: the Effects of Patent Quality and Patent Stocks." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/60369709813190341186.
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碩士<br>國立成功大學<br>企業管理學系碩博士班<br>98<br>Patents are leading indicators that investors apply directly to future potential earning. This study is focus on long-term market response following patent grants announcements. We also examine detail information of patents such as patent citations and patent stocks to find out that: (i) do investors can understand the value of patent grants announcements; and (ii) do patent quality, patent stocks and backward citations to patent stocks ratio have any relation with patent grants announcements long-term abnormal return; and (3) how the size effect refers to long-term market response.
The result of this study shows that investors cannot understand the patent value at the announcing time and underestimate the patent value. Misunderstand of patent value will decreasing over time. Moreover, small-size firm will have better return in long-term after patent grants announcements than big-size firm. By the regression model we don’t find any relationship from backward citations, patent stocks and backward citations to patent stocks ratio to patent grants announcements. But, we find patent indicators have different effects on big firms and small firms: Backward citations and patent stocks exhibit strong relationship with long-term abnormal return after patent grants announcements in small-size firms; and backward citations to patent stocks ratio exhibit strong relationship with long-term abnormal return after patent grants announcements in big-size firms.
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Yang, Ya-Ling, and 楊雅伶. "Revalidating Patent Indicator by Comparing Patent Pool with Non Patent Pool: DVD 6C as Example." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/33191605579935245001.
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碩士<br>真理大學<br>管理科學研究所<br>97<br>The importance of patent pool as a strategy is increasing with the trend of globalization. However, the effectiveness of patent indicators is still questionable in the research since the tautology between patent indicators and company performance. The patents within a patent pool are examined by 3rd party professionals that are representative and important among numerous patents. The patent pool is also essential for high-tech product developments. This study reinvestigates the eleven patent indicators by the US patent data issued from 1981 to 2008 on the basis of DVD 6C firms. Patent data is divided into patent-pool group and non patent-pool group. The results show that forward citations, backward citation, patent family, scientific literature, maintenance, transfer of assignee are significant index; technological lifecycle number of assignees, and number of claims are not significant index. In the firm level, no robust result reveals that the different patent behaviors among firms. These findings suggest the study in the future should notice the difference in the firm level.
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Huang, Kuo-Hsien, and 黃國賢. "Patent Description Writing Mode Research of Patent Application -A Case Study of Utility Patent Description." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/22569272466557887719.
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碩士<br>國立成功大學<br>工學院工程管理專班<br>91<br>Patent is of great importance to enterprises growing with each passing day. It is base either utilized for offensive weapons of business or means of defense and tort for applying the scope of Patent. "Claims" is a special product in execution of Patent, it make Patent Description not only become technical literature but also right literature, so Patent Description involved technical analyses and related rights.
Patent Description mode analysis processing attempted based on Utility Patent Description for the research, and investigated effect of information while enterprises apply Patent instruction through observation and analysis results.
Patent Description mode analysis defined and analyzed based on the standard of academic circle, so that further understand the meaning and fit in with scope of the standard.
Used Patent''s database for several new modes search of Patent instruction and depends on the mode of academic circle established to check and analyze the modes which searched Patent instructions belong or it had depended on non-academic circle''s mode for writing mode of it.
Finally, Patent Description writing mode will be analyzed and compared through different views, including writing mode, Patent office and years to look for related or difference, and then the enterprises will be able to choose correct and suitable Patent instruction writing mode to assure themselves rights and interests when they apply Patent.
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(9778409), Mohammad Azam. "TRIPS compliant patent law and pharmaceutical patent protection: Options for patent law reform in Bangladesh." Thesis, 2012. https://figshare.com/articles/thesis/TRIPS_compliant_patent_law_and_pharmaceutical_patent_protection_Options_for_patent_law_reform_in_Bangladesh/13462718.
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"Before the creation of the World Trade Organization (WTO) in 1995, individual countries were free to determine their own patent laws. This position has now changed. A WTO Agreement, the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement), which is binding on all members, aims at establishing strong minimum standards for intellectual property rights (IPRs). Such minimum standards include the implementation of patent protection for pharmaceuticals. Bangladesh is a member of the WTO and as a least-developed country (LDC) has been granted until 1 January 2016 to facilitate the introduction of pharmaceutical patents under the TRIPS Agreement into its national intellectual property legislative regime. This thesis analyses options for implementing TRIPS-compliant patent law in Bangladesh with a focus on pharmaceutical patents. Brazil and India were in a similar position prior to becoming TRIPS compliant, so those countries’ experiences become an important basis for the analysis of the transition to TRIPS-compliance in pre-compliant countries. This thesis combines doctrinal analysis, comparative reviews and a mixed-method research approach to answer the research questions as identified for the study. The thesis examines two underlying research questions: 1. Using the experience of India and Brazil, what are the different options available to Bangladesh to change existing patent law to comply with TRIPS in the area of pharmaceutical patents? 2. Using the options identified, what changes to the Bangladeshi patent law will need to be made to balance both pharmaceutical innovation and access to medicines in Bangladesh? To answer research question one, the thesis used doctrinal analysis and comparative reviews and then to answer research question two it used an original survey instrument and interviews to examine the views of identified stakeholders such as commercial entities in the pharmaceutical industry, relevant regulatory bodies in Bangladesh, public-health groups and academics..."--Abstract.
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Wu, Yin-Hsuan, and 巫胤璇. "Characterizing disputed patent in the US patent competition market." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/52459966462773081453.
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碩士<br>國立中興大學<br>科技管理研究所<br>101<br>Patent is a very important asset in intellectual property rights that play a very important role in the global knowledge economy. Patents protects technology knowledge for inventors, along with the rapid development of the knowledge economy, patent disputed become an unavoidable legal process. Patent litigation need to rely on expensive funds to resolve the disputed. Therefore, litigated patents are assessed to have high value that it is higher than non-litigated patent.
The United States is an important economic market in the world that reflecting many countries applied patent in the U.S. for protection their product development of patent right in the U.S. market. It casus patent disputes as litigated patent and non-litigated patent. On the other hand, patent disputed happened from import product in international trade that the patent disputes is ITC patent and non-ITC patent. In this study, downloaded utility patent from 1976 to 2012 all patents and compared characteristics between litigated patent and non-litigated patent, ITC patent and non-ITC patent, litigated patent and ITC patent.
This study analyze characteristic differences of disputed patent for several levels: (1) to analyze influencing of 11 significant characteristics for patent, (2) to analyze differences of patent characteristic for different assignee types, (3) to analyze differences of industrial classification, (4) to analyze differences of four significant influencing for patent litigation: “Reference”, “Patent Received”, “Claim”, “Foreign Patent”, (5) to calculate the regression model for litigated patent and ITC patent that the model can be used to predict litigation probability.
U.S. patent database on the technical development process has data integrity, rich and diverse applying countries. This research analyze sample and calculate litigation probability of patent. It can help levels of countries, industries and enterprises and assignee types to assess patent value, identify potential high-value patent, help decision-making for R&D, evaluate investment effectiveness etc.
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Chou, Pen-Chih, and 周本智. "A Study of Patent Management to Solve Patent Litigations." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/393298.
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碩士<br>國立高雄第一科技大學<br>科技法律研究所<br>96<br>A scientific & technical corporation’s profit and the value will rely on the intangible assets more and more aftertime. The ability to R&D which represents its motive power of growing up upwards, so analysis of the quality and quantity to the patent can just understand its strategies in R&D and technical competence clearly. Besides, it is very common that enterprises carry on the transnational litigation of patents with the competitors in order to make a profit, the tactics causing the losing party to bear huge compensation. In light of mentioned above, this study develops a model of patent management to control the quality of patent and solve problems with patent litigations then elaborates the patent law revolution and patent infringement judgement datum. Finally, applies a model of QFD to develop the patent management, except the specialist who get technical and legal background concurrently not only can help to judge the strengths and weaknesses of visible patents at present, but also offer the improvement directions for the future.
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CHEN, YU-YING, and 陳宇瑩. "The Doctrine of Patent Exhaustion-Focus on Plant Patent." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/dunf9w.
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碩士<br>國立臺北大學<br>法律學系一般生組<br>102<br>This essay focuses on the application of the patent exhaustion doctrine in plant patent issues. The doctrine of patent exhaustion (first-sale doctrine) limits the extent to which patent holders can control an individual article of a patented product after an authorized sale. Under the doctrine, when an authorized sale of patented article occurs, the patent holder’s exclusive right to control the use and sale of that article are exhausted, and the purchaser is free to use or resell that article without further restraint under patent law. First, this essays attempts to reconsider the application of patent exhaustion doctrine through Monsanto Co. Case. In addition, by analyzing the opinions of several cases from the US Supreme Court, the necessity to adjust the use of patent exhaustion doctrine in different kinds of products will be further discussed. Then, given the characteristic of plant patent, an analysis on how should the doctrine be adjusted in plant patent will be raised. Finally, this essays will address issues in terms of plant patent and its admission in Taiwan.
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Ho, Chi Ling, and 何季陵. "A study for patent validity in patent infringement litigation." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/52732262003927246336.
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碩士<br>國立政治大學<br>法學院碩士在職專班<br>98<br>Article 16 of Intellectual Property Case Adjunction Act in Taiwan reveals that when a party claims or defends that an intellectual property right shall be cancelled, the court shall decide based on the merit of the case and the relevant laws concerning the stay of an action shall not apply. Under the circumstances in the preceding paragraph, the holder of the intellectual property right shall not claim any rights during the civil action against the opposing party where the court has recognized the grounds for cancellation of the intellectual property right. The main purpose of the article is to solve the disputes over Intellectual Property Right in one litigation proceeding so as to protect the intellectual property right effectively.
According to said article, the validity issue of a patent may be dealt with under civil litigation and invalidation proceedings. Under the circumstances, the decisions on the validity issue of a patent may be diverged due to different perceptions on the same evidence/fact (defined in this article as “actual decision divergence”) or different submitted evidences or instituted grounds (defined in this article as “fake decision divergence”).
With respect to invention, utility model, and design patents, about 6.8%, 16% and 12% of cases with invalidity defense respectively had decision divergence between civil court and administrative organization/court. Among patents with decision divergence, around 8% of the patents were due to different perceptions of the same evidence. About 66% of the patents were deemed differently due to different evidences and instituted grounds. This discrepancy may be resolved in subsequent proceedings. Around 8% of the patents having divergent decisions were resulted from that the opinion of Taiwan Intellectual Property Office (TIPO) is confined by that in a previous administrative action issued by its superior organization, the Board of Appeal. This discrepancy may need to be resolved through a remedial procedure. Approximately 16% of the patents were determined differently because the civil court adopted different standards for initiating an invalidation action. This type of discrepancy may only be resolved through a remedial procedure.
When the civil court uses its own standards in determining the validity issue of the patent in question, the scope of judicial review might include: the grounds of invalidation proceedings, the grounds of invalidation proceedings with loosened standards, the grounds attributed to a patent being rejected or an application to be inacceptable to TIPO based on Patent Act or the Enforcement Rules of Patent Act. In addition, inequitable conduct might also be reviewed. Under the circumstances, defective patents have a chance to be removed, a duty of candor and good faith would be more likely to be followed during prosecution; patent disputes are able to be reviewed entirely in one proceeding. It is expected that the quality of the patent system would be improved. Moreover, either the invalidity defense mechanism in infringement litigation, or the invalidation proceeding serves its own purpose.
For patent infringement cases with invalidity defense, plaintiffs won about 10% of the cases. Among the cases lost by plaintiffs, the patent at issue deemed by civil court as invalid accounted for about 48%, 65% and 40% for invention, utility model and design patents respectively. Since the IP Case Adjudication Act took effect, the number of invalidation cases has decreased about 6-7%, which might indicate that the invalidity defense mechanism in infringement litigation does not replace the invalidation proceeding.
The regulation of Article 16 of IP Case Adjudication Act speeds up civil proceedings indicating that the legislative purpose of providing effective protection to parties in IP litigation may be realized. However, the legislative purpose of solving patent disputes in one proceeding may not be achieved fully as the test results vary on the basis of different evaluation criteria.
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Che, Hui-Chung, and 車慧中. "Patent Valuation Model Based on U.S. Patent Infringement Lawsuits." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/76745843020586028863.
Full textAbstract:
博士<br>中華大學<br>科技管理學系(所)<br>97<br>This study aimed at the basis of patent law and proposed a valuation model for the monetary legal value of patents. The damage awards of patent infringement lawsuits were deemed to be the legal value of patents. 65 effective samples of patent infringement lawsuits were extracted from 4,289 patent related lawsuits in U.S. district courts of Delaware, California and Texas. 17 patent indicators were summarized to describe quantitative dimensions of a patent. For discussing the linear and/or the non-linear relationships of the 17 patent indicators and the damage award, quantitative approached including the linear regression analysis, the multi-regression analysis, the factor analysis, the gray relational analysis, and four kinds of artificial neural networks were applied. It is therefore to construct the patent valuation model via these approaches. The proposed valuation model was validated to have the predictive power by error analysis. The valuated damage award of the patent was also constructed to be the integrated evaluator by z-score transformation. The integrated evaluator improved traditional patent valuation models. The proposed patent valuation model accommodated to valuate the possible damage award or to negotiate the settlement fee in disputing patent infringement lawsuits. It also contributed to patent transaction, patent licensing and hypothecation of intangible assets, etc.
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LAI, JHIH-JHONG, and 賴志忠. "Modifying Patent Valuation Indicators by Examining Existing Patent Litigation." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/03533380878926701490.
Full textAbstract:
碩士<br>國立臺灣科技大學<br>專利研究所<br>102<br>Following the international tendency, the protection of intellectual property is more important. More enterprises intend to buy patents for avoiding threats of litigation or accusing infringers in an attempt to collect licensing fees. However, the patents commonly are intangible, unique, replaceable, and highly volatile in values, thus valuing a price of a patent for trading is difficult and would be hard to identify its reasonable price. This study takes patent litigation as an example, based on the damages awards of patent infringement lawsuits to amend the traditional theory of patent valuation. This study has been discussed two cases which award damages, valued patents of the cases, and submits four patent value factors:"Patent strength and its intrinsic value", "The important position of the technical field", "The value of patent applied strategy", and "Market share rate". Setting the weight of value factors to adjust the valuing result of income based method, matching the valuing results are closer to the valuation by the damage awards of patent infringement lawsuits. Lastly, this study values patent lawsuit that have not yet been final judgment for proving accuracy. This study incorporates considerations of patent qualitative factors to correct valuation method, to improve the defect of traditional valuation method.
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Chen, Chin-Lung, and 陳金龍. "Exploring the relationship between patent valuation and patent strategy." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/33344509682983461657.
Full textAbstract:
碩士<br>國立成功大學<br>工業與資訊管理學系碩博士班<br>94<br>Intangible assets are more important in the competitive environment.Patents are more concrete and numerical in the intangible assets, so the research will focus on patent rights.Beause of the patents are very complex, the methods of the pricing of patent don’t have a criteria now.When the business uses diverse methods to value a patent will lead to different outcomes.The price of patent is not completely according to markets which need to consider the developing factors of technology.And knowledge、innovation and investment will be considered in this research.In the tangible assets also use the cash flow to value a patent.Thus the research will combine the effect of the diffusion which generate by intangible assets with tangible aeests and consider the time factor to develop a full model of pricing of patents according to Black and Scholes Model.The patent S-curve which consists of net value of patent and time is excersed to predict the future value of patent.If the business can control the patent S-curve effectively, it will help to develop the patent strategies.The patent brings good performance for business is the main contribution of the research.
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Chen, Ya-Jang, and 陳雅娟. "The patent misuse doctrine in patent license of American." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/86611211018257035892.
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Lin, Chung-Hsien, and 林忠賢. "The Relationship between Patent Life Cycle and Patent Litigation." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/60540602614212586869.
Full textAbstract:
碩士<br>國立交通大學<br>管理學院科技管理學程<br>103<br>In recent years, international companies with patent war reconciliation after its authorization or huge compensation, and world-class plants’ patents allow after bankruptcy. Numerous intellectual property litigation and transactions, making intellectual property became the focus of the industry in recent years.
If a company can not properly manage intellectual property, the company may not have more competitiveness. In the patent war, a company has numerous patents even may not be able to play a role. For many years the largest number of applications for patents, Hon Hai, and ITRI, due to their policy changes, makes a continuous decline in the number of patent applications in recent years. This may explain the trend in the management of intellectual property is already changing.
After these years, manufacturers and the government's emphasis on intellectual property, manufacturers have accumulated a considerable number of patents. But considering the huge patent maintenance fees, if intellectual property were not properly managed, it is likely not an asset but a liability.
Therefore, this study analyzes the management of intellectual property. This study first discusses the relevant literature at home and abroad, followed by the use of expert interviews, is expected to sort out the relationship between intellectual property and product life cycle. Finally, we discuss some of the current situation on the management and utilization of intellectual property, as well as giving the industry's future recommendations for the management of intellectual property.