Search results for: Patent law

Authors: Balamurugan L.

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Artificial intelligence (AI) and its applications in Intellectual Property Rights (IPR) has been significantly growing in recent years. In last couple of years, AI tools for Patent Research and Patent Analytics have been well-stabilized in terms of accuracy of references and representation of identified patent insights. However, AI tools for Patent Prosecution and Patent Litigation are still in the nascent stage and there may be a significant potential if such market is explored further. Our research is primarily focused on identifying potential whitespaces and schematic algorithms to automate the Patent Prosecution and Patent Litigation Process of the Intellectual Property. The schematic algorithms may assist leading AI tool developers, to explore such opportunities in the field of Intellectual Property. Our research is also focused on identification of pitfalls of the AI. For example, Information Security and its impact in IPR, and Potential remediations to sustain the IPR in the digital environment.

Keywords: artificial intelligence, patent analytics, patent drafting, patent litigation, patent prosecution, patent research

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Authors: Amaliny Yoganathan-Hasselbeck

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Based on the assumption, that strategic licensing is more valuable and sustainable for the economy than a legal dispute and action for an injunction, the strategy of licensing in patent infringement cases was studied. A theoretical framework was developed based on the transaction costs approach, describing the major variables within the process of licensing to an alleged patent infringer. An exploratory case study analysis was conducted on the basis of expert interviews with patent licensing agencies, patent attorneys, licensing departments of companies and research institutions. Key findings define the major criteria in each step of the licensing process and include the factors determining the intensity of patent tracking e.g. patent policies, the decision criteria when dealing with patent infringement cases, e.g. market position and reputation, and the transaction itself starting with the initiation of the contact with the alleged patent infringer, negotiating the licensing contract and monitoring the license agreement.

Keywords: innovation, licensing, patent, patent infringement, strategy, technology

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Authors: E. Y. Igde, S. Aydogan, F. E. Boran, D. Akay

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Patent data have an increasingly important role in economic growth, innovation, technical advantages and business strategies and even in countries competitions. Analyzing of patent data is crucial since patents cover large part of all technological information of the world. In this paper, we have used the linguistic summarization technique to prove the validity of the hypotheses related to patent data stated in the literature.

Keywords: data mining, fuzzy sets, linguistic summarization, patent data

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Authors: Yuhong Niu, Na Li, Chunlin Jin, Hansheng Ding

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The study reviewed all types of patents applied by Shanghai health system to analyze how patent development in China from the year of 1990 to 2012. The study used quantitative and comparative analysis to investigate the change and trends of patent numbers, patent types, patent claims, forward citations, patent life, patent transactions, etc. Results reflected an obviously increased numbers of invention patents, applications, and authorizations and short-life patents, but the ratio of invention patents represented an up and down change. Forward citations and transactions ratio always kept at a low level. The results meant that the protection of intellectual property in the Shanghai health sector had made great progress and lots of positive changes due to incentive policies by local government. However, the low-quality patents, at the same time, increased rapidly. Thus, in the future, it is suggested that the quality management should be strengthened, and invents should be estimated before patent application. It is also suggested that the incentives for intellectual property should be optimized to promote the comprehensive improvement of patent quantity and quality.

Keywords: patent claims, forward citations, patent life, patent transactions ratio

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Authors: Tien Wei Daniel Hwang

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The computer program inventors, particularly in Fintech, are unwilling to apply for patents in Taiwan after 2014. Passing the ‘statutory subject matter eligibility’ test and becoming the system patent are not the only cause to the reduction in the number of application. Taiwanese court needs to resolve whether the defendants had ‘used’ that software patent in patent direct infringement suit. Both 35 U.S.C. § 271(a) and article 58 paragraph 2 of Taiwan Patent Law don’t define the meaning of ‘use’ in the statutes. Centillion Data Sys., LLC v. Qwest Commc’ns Int’l, Inc. reconsidered the meaning of ‘use’ in system patent infringement, and held that ‘a party must put the invention into service, i.e., control the system as a whole and obtain benefit from it.’ In Taiwan, Intellectual Property Office, Ministry of Economic Affairs, has explained that ‘using’ the patent is ‘achieving the technical effect of the patent.’ Nonetheless, this definition is too broad to apply to not only the software patent but also the traditional patent. To supply the friendly environment for Fintech corporations, this article aims to let Taiwanese court realize why and how United States District Court, S.D. Indiana, Indianapolis Division and United States Court of Appeals, Federal Circuit defined the meaning of ‘use’ in 35 U.S.C. § 271(a). However, this definition is so lax and confuses many defendants in United States. Accordingly, this article indicates the elements in Taiwan Patent Law are different with 35 U.S.C. § 271(a), so Taiwanese court can follow the interpretation of ‘use’ in Centillion Data case without the same obstacle.

Keywords: direct infringement, FinTech, software patent, use

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Authors: Mohammad Reza Fooladi

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The patent system which fits with industrial and economic situation in the country, by strengthening research and development, technology transfer and increasing foreign investment can provide economic and industrial growth of the countries. However, the extent and manner of support should be commensurate with the country's conditions and comply with significant rules to have a positive effect on research and development, technology transfer and the amount of foreign investment. The present article tries to while reviewing the state of effectiveness of the patent system on economic growth, to illustrate the characteristics of the patent system fits Afghanistan and according to this matter provide the necessary recommendations about the improvement of laws and regulations related to the patent in Afghanistan.

Keywords: patent, economic growth, technology transfer, Afghanistan

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Authors: Kujhin Jeong, Sungjoo Lee

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In the past, cross-licensing was made up of various application or commercial patents. Today, cross-licensing is restricted to essential patents, which has emphasized their importance significantly. Literature has shown that patent portfolio provides information for patent protection or strategy decision-making, but little empirical research has found strategic tool of essential patents. This paper will highlight four types of essential patent portfolio and analysis about each strategy in the field of LTE-A. Specifically we collected essential patents of mobile communication company through ETSI (European Telecommunication Standards Institute) and build-up portfolio activity, concentration, diversity, and quality. Using these portfolios, we can understand each company’s strategic character about the technology of LTE-A and comparison analysis of financial results. Essential patents portfolio displays a mobile communication company’s strategy and its strategy’s impact on the performance of a company.

Keywords: essential patent, portfolio, patent portfolio, essential patent portfolio

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Authors: Renukswamy Chikkamath, Vishvapalsinhji Ramsinh Parmar, Christoph Hewel, Markus Endres

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Given a patent document, identifying distinct semantic annotations is an interesting research aspect. Text annotation helps the patent practitioners such as examiners and patent attorneys to quickly identify the key arguments of any invention, successively providing a timely marking of a patent text. In the process of manual patent analysis, to attain better readability, recognising the semantic information by marking paragraphs is in practice. This semantic annotation process is laborious and time-consuming. To alleviate such a problem, we proposed a dataset to train machine learning algorithms to automate the highlighting process. The contributions of this work are: i) we developed a multi-class dataset of size 150k samples by traversing USPTO patents over a decade, ii) articulated statistics and distributions of data using imperative exploratory data analysis, iii) baseline Machine Learning models are developed to utilize the dataset to address patent paragraph highlighting task, and iv) future path to extend this work using Deep Learning and domain-specific pre-trained language models to develop a tool to highlight is provided. This work assists patent practitioners in highlighting semantic information automatically and aids in creating a sustainable and efficient patent analysis using the aptitude of machine learning.

Keywords: machine learning, patents, patent sentiment analysis, patent information retrieval

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Authors: Yunwei Zhang, Na Li, Yuhong Niu

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Bone tissue engineering scaffold was regarded as an important clinical technology of curing bony defect. The patent protection of bone tissue engineering scaffold had been paid more attention and strengthened all over the world. This study analyzed the future development trends of international technologies in the field of bone tissue engineering scaffold and its patent protection. This study used the methods of data classification and classification indexing to analyze 2718 patents retrieved in the patent database. Results showed that the patents coming from United States had a competitive advantage over other countiries in the field of bone tissue engineering scaffold. The number of patent applications by a single company in U.S. was a quarter of that of the world. However, the capability of R&D in China was obviously weaker than global level, patents mainly coming from universities and scientific research institutions. Moreover, it would be predicted that synthetic organic materials as new materials would be gradually replaced by composite materials. The patent technology protections of composite materials would be more strengthened in the future.

Keywords: bone tissue engineering, patent analysis, Scaffold material, patent protection

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Authors: Duru Helin Ozaner

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Due to the doctrine of equivalent, the words in the claims' sentences are insufficient for the protection area provided by the patent registration. While this situation widens the boundaries of the protection area, it also obscures the boundaries of the protected area of patents. In addition, it creates distrust for third parties. Therefore, the doctrine of equivalent aims to establish a balance between the rights of patent owners and the legal security of third parties. The current legal system of Turkey has been tried to be created as a parallel judicial system to the widely applied regulations. Therefore, the regulations regarding the protection provided by patents in the current Turkish legal system are similar to many countries. However, infringement through equivalent is common by third parties. This study, it is aimed to explain that the protection provided by the patent is not only limited to the words of the claims but also the wide-ranging protection provided by the claims for the doctrine of equivalence. This study is important to determine the limits of the protection provided by the patent right holder and to indicate the importance of the equivalent elements of the protection granted to the patent right holder.

Keywords: patent, infringement, intellectual property, the doctrine of equivalent

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Authors: Pratheeba Subramanian, Anjula Gurtoo, Mary Mathew

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Transaction of patents in emerging patent markets is gaining momentum. Pricing patents for a transaction say patent sale remains a challenge. Patents vary in their pricing with some patents fetching higher prices than others. Sale of patents in portfolios further complicates pricing with multiple patents playing a role in pricing a bundle. In this paper, a set of 138 US patents sold individually as single invention lots and 462 US patents sold in bundles of 120 portfolios are investigated to understand the dynamics of selling prices of singletons and portfolios and their determinants. Firstly, price variations when patents are sold individually as singletons and portfolios are studied. Multivariate statistical techniques are used for analysis both at the lot level as well as at the individual patent level. The results show portfolios fetching higher prices than singletons at the lot level. However, at the individual patent level singletons show higher prices than per patent price of individual patent members within the portfolio. Secondly, to understand the price determinants, the effect of patent, seller, and bundling related characteristics on selling prices is studied separately for singletons and portfolios. The results show differences in the set of characteristics determining prices of singletons and portfolios. Selling prices of singletons are found to be dependent on the patent related characteristics, unlike portfolios whose prices are found to be dependent on all three aspects – patent, seller, and bundling. The specific patent, seller and bundling characteristics influencing selling price are discussed along with the implications.

Keywords: auction, patents, portfolio bundling, seller type, selling price, singleton

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Authors: Nerella Srinivas

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This study explores the significance of patent protection for artificial intelligence (AI) innovations in the pharmaceutical sector, emphasizing applications in drug discovery, personalized medicine, and clinical trial optimization. The challenges of patenting AI-driven inventions are outlined, focusing on the classification of algorithms as abstract ideas, meeting the non-obviousness standard, and issues around defining inventorship. The methodology includes examining case studies and existing patents, with an emphasis on how companies like Benevolent AI and Insilico Medicine have successfully secured patent rights. Findings demonstrate that a strategic approach to patent protection is essential, with particular attention to showcasing AI’s technical contributions to pharmaceutical advancements. Conclusively, the study underscores the critical role of understanding patent law and innovation strategies in leveraging intellectual property rights in the rapidly advancing field of AI-driven pharmaceuticals.

Keywords: artificial intelligence, pharmaceutical industry, patent protection, drug discovery, personalized medicine, clinical trials, intellectual property, non-obviousness

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Authors: Kisik Song, Kyuwoong Kim, Sungjoo Lee

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Many global firms and corporations derive new technology and opportunity by identifying vacant technology from patent analysis. However, previous studies failed to focus on technologies that promised continuous growth in industrial fields. Most studies that derive new technology opportunities do not test practical effectiveness. Since previous studies depended on expert judgment, it became costly and time-consuming to evaluate new technologies based on patent analysis. Therefore, research suggests a quantitative and systematic approach to technology evaluation indicators by using patent data to and from customer communities. The first step involves collecting two types of data. The data is used to construct evaluation indicators and apply these indicators to the evaluation of new technologies. This type of data mining allows a new method of technology evaluation and better predictor of how new technologies are adopted.

Keywords: data mining, evaluating new technology, technology opportunity, patent analysis

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Authors: Agung Sujatmiko

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One of the purposes of patent licensing was to transfer technology from developed countries to developing countries. For this reason, the role of the patent license agreement was very important and had a function as a tool to achieve technological development. This goal was very good, but in fact, many problems and obstacles arose in its implementation, so the technology transfer that had been implemented had not given good results. For this reason, it was necessary to find a solution so that technology could switch properly. The problem approach used the statutory and conceptual approaches. The analysis used was deductive by analyzing general laws and regulations and then concluding. Several regulations related to technology transfer were the main source to find answers to why technology transfer was difficult to achieve and what caused it. Once the cause was known, a solution would be sought.

Keywords: license, patent, technology, tie in clause

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Authors: Mario Gómez, José Carlos Rodríguez

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This paper analyzes innovation trends in South Korea by means of the number of patent applications filed by residents and nonresidents during the period 1965 to 2012. Making use of patent data released by the World Intellectual Property Organization (WIPO), we search for the presence of multiple structural changes in patent application series in this country. These changes may suggest that firms’ innovative activity has been modified as a result of implementing some science, technology and innovation (STI) policies. Accordingly, the new regulations implemented in this country in the last decades have influenced its innovative activity. The question conducting this research is thus how STI policies in South Korea have influenced its innovation activity. The results confirm the existence of multiple structural changes in the series of patent applications resulting from alternative STI policies implemented during these years.

Keywords: econometric methods, innovation activity, Korea, patent applications, science, technology and innovation policy, STI

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Authors: Racha Khairallah, Lamia Ben Hamida

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Our paper attempts to examine how Swiss manufacturing firms manage to learn from patent citations to improve their innovation performance. We argue that the assessment of these effects needs a detailed analysis of spillovers according to the source of knowledge with respect to formal and informal patent citations made in European and internal search, the horizontal and vertical mechanisms by which knowledge spillovers take place, and the technological characteristics of innovative firms that able them to absorb external knowledge and integrate it in their existing innovation process. We use OECD data and find evidence that knowledge spillovers occur only from horizontal and backward linkages. The importance of these effects depends on the type of citation, in which the references to non-patent literature (informal citations made in European and international searches) have a greater impact. In addition, only firms with high technological capacities benefit from knowledge spillovers from formal and informal citations. Low-technology firms fail to catch up and efficiently learn external knowledge from patent citations.

Keywords: innovation performance, patent citation, absorptive capacity, knowledge spillover mechanisms

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Authors: Meshandren Naidoo

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An artificial intelligence (AI) system named DABUS 2021 made headlines when it became the very first AI system to be listed in a patent which was then granted by the South African patent office. This grant raised much criticism. The question that this research intends to answer is (1) whether, in South African patent law, an AI can be an inventor. This research finds that despite South African law not recognizing an AI as a legal person and despite the legislation not explicitly allowing AI to be inventors, a legal interpretative exercise would allow AI inventorship.

Keywords: artificial intelligence, creativity, innovation, law

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Authors: Meshandren Naidoo

Abstract:

An artificial intelligence (AI) system named DABUS 2021 made headlines when it became the very first AI system to be listed in a patent which was then granted by the South African patent office. This grant raised much criticism. The question that this research intends to answer is (1) whether, in South African patent law, an AI can be an inventor. This research finds that despite South African law not recognising an AI as a legal person and despite the legislation not explicitly allowing AI to be inventors, a legal interpretative exercise would allow AI inventorship.

Keywords: artificial intelligence, intellectual property, inventorship, patents

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Authors: Ebru Kaymaz, Aslı İlbay Hamamcı, Yakup Enes Garip, Samet Ay

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The use of hydrogen as a fuel is important for decreasing carbon emissions. For the steel industry, reducing carbon emissions is one of the most important agendas of recent times globally. Because of the Paris Agreement requirements, European steel industry studies on green steel production. Although many literature reviews have analyzed this topic from technological and hydrogen based ironmaking, there are very few studies focused on patents of decarbonize parts of the steel industry. Hence, this study focus on technological progress of hydrogen based ironmaking and on understanding the main trends through patent data. All available patent data were collected from Questel Orbit. The trend analysis of more than 900 patent documents has been carried out by using Questel Orbit Intellixir to analyze a large number of data for scientific intelligence.

Keywords: hydrogen based ironmaking, DRI, direct reduction, carbon emission, steelmaking, patent analysis

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Authors: Na Li, Yunwei Zhang, Yuhong Niu

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The study discussed the patent protections of health system and enterprises in Shanghai. The comparisons of technical distribution and scopes of patent protections between Shanghai health system and enterprises were used by the methods of IPC classification, co-words analysis and visual social network. Results reflected a decreasing order within IPC A61 area, namely A61B, A61K, A61M, and A61F. A61B required to be further investigated. The highest authorized patents A61B17 of A61B of IPC A61 area was found. Within A61B17, fracture fixation, ligament reconstruction, cardiac surgery, and biopsy detection were regarded as common concerned fields by Shanghai health system and enterprises. However, compared with cardiac closure which Shanghai enterprises paid attention to, Shanghai health system was more inclined to blockages and hemostatic tools. The results also revealed that the scopes of patent protections of Shanghai enterprises were relatively centralized. Shanghai enterprises had a series of comprehensive strategies for protecting core patents. In contrast, Shanghai health system was considered to be lack of strategic patent protections for core patents.

Keywords: co-words analysis, IPC classification, patent protection, technical distribution

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Authors: Kisik Song, Sungjoo Lee

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With the growing importance of intangible assets recently, the impact of patent infringement on the business of a company has become more evident. Accordingly, it is essential for firms to estimate the risk of patent infringement risk before developing a technology and create new technology ideas to avoid the risk. Recognizing the needs, several attempts have been made to help develop new technology opportunities and most of them have focused on identifying emerging vacant technologies from patent analysis. In these studies, the IPC (International Patent Classification) system or keywords from text-mining application to patent documents was generally used to define vacant technologies. Unlike those studies, this study adopted F-term, which classifies patent documents according to the technical features of the inventions described in them. Since the technical features are analyzed by various perspectives by F-term, F-term provides more detailed information about technologies compared to IPC while more systematic information compared to keywords. Therefore, if well utilized, it can be a useful guideline to create a new technology idea. Recognizing the potential of F-term, this paper aims to suggest a novel approach to developing new technology ideas to avoid patent infringement based on F-term. For this purpose, we firstly collected data about F-term and then applied text-mining to the descriptions about classification criteria and attributes. From the text-mining results, we could identify other technologies with similar technical features of the existing one, the patented technology. Finally, we compare the technologies and extract the technical features that are commonly used in other technologies but have not been used in the existing one. These features are presented in terms of “purpose”, “function”, “structure”, “material”, “method”, “processing and operation procedure” and “control means” and so are useful for creating new technology ideas that help avoid infringing patent rights of other companies. Theoretically, this is one of the earliest attempts to adopt F-term to patent analysis; the proposed methodology can show how to best take advantage of F-term with the wealth of technical information. In practice, the proposed methodology can be valuable in the ideation process for successful product and service innovation without infringing the patents of other companies.

Keywords: patent infringement, new technology ideas, patent analysis, F-term

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Authors: A. Lefebre, M. Willekens, K. Debackere

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Since the 1990s, patent applications have been booming, especially in the field of telecommunications. However, this increase in patent filings has been associated with an (alleged) decrease in patent quality. The plethora of low-quality patents devalues the high-quality ones, thus weakening the incentives for inventors to patent inventions. Despite the rich literature on strategic patenting, previous research has neglected to emphasize the importance of patent portfolio management and its impact on patent quality. In this paper, we compare related patent portfolios vs. nonrelated patents and investigate whether the patent quality and innovativeness differ between the two types. In the analyses, patent quality is proxied by five individual proxies (number of inventors, claims, renewal years, designated states, and grant lag), and these proxies are then aggregated into a quality index. Innovativeness is proxied by two measures: the originality and radicalness index. Results suggest that related patent portfolios have, on average, a lower patent quality compared to nonrelated patents, thus suggesting that firms use them for strategic purposes rather than for the extended protection they could offer. Even upon testing the individual proxies as a dependent variable, we find evidence that related patent portfolios are of lower quality compared to nonrelated patents, although not all results show significant coefficients. Furthermore, these proxies provide evidence of the importance of adding fixed effects to the model. Since prior research has found that these proxies are inherently flawed and never fully capture the concept of patent quality, we have chosen to run the analyses with individual proxies as supplementary analyses; however, we stick with the comprehensive index as our main model. This ensures that the results are not dependent upon one certain proxy but allows for multiple views of the concept. The presence of divisional applications might be linked to the level of innovativeness of the underlying invention. It could be the case that the parent application is so important that firms are going through the administrative burden of filing for divisional applications to ensure the protection of the invention and the preemption of competition. However, it could also be the case that the preempting is a result of divisional applications being used strategically as a backup plan and prolonging strategy, thus negatively impacting the innovation in the portfolio. Upon testing the level of novelty and innovation in the related patent portfolios by means of the originality and radicalness index, we find evidence for a significant negative association with related patent portfolios. The minimum innovation that has been brought on by the patents in the related patent portfolio is lower compared to the minimum innovation that can be found in nonrelated portfolios, providing evidence for the second argument.

Keywords: patent portfolio management, patent quality, related patent portfolios, strategic patenting

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Authors: Mandeep Saini

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The rapid advancement of Artificial Intelligence (AI) is transforming various fields, including intellectual property law. This paper explores the emerging role of AI in interpreting patent claims, a critical and highly specialized area within intellectual property rights. Patent claims define the scope of legal protection granted to an invention, and their precise interpretation is crucial in determining the boundaries of the patent holder's rights. Traditionally, this interpretation has relied heavily on the expertise of patent examiners, legal professionals, and judges. However, the increasing complexity of modern inventions, especially in fields like biotechnology, software, and electronics, poses significant challenges to human interpretation. Introducing AI into patent claim interpretation raises several legal and ethical concerns. This paper addresses critical issues such as the reliability of AI-driven interpretations, the potential for algorithmic bias, and the lack of transparency in AI decision-making processes. It considers the legal implications of relying on AI, particularly regarding accountability for errors and the potential challenges to AI interpretations in court. The paper includes a comparative study of AI-driven patent claim interpretations versus human interpretations across different jurisdictions to provide a comprehensive analysis. This comparison highlights the variations in legal standards and practices, offering insights into how AI could impact the harmonization of international patent laws. The paper proposes policy recommendations for the responsible use of AI in patent law. It suggests legal frameworks that ensure AI tools complement, rather than replace, human expertise in patent claim interpretation. These recommendations aim to balance the benefits of AI with the need for maintaining trust, transparency, and fairness in the legal process. By addressing these critical issues, this research contributes to the ongoing discourse on integrating AI into the legal field, specifically within intellectual property rights. It provides a forward-looking perspective on how AI could reshape patent law, offering both opportunities for innovation and challenges that must be carefully managed to protect the integrity of the legal system.

Keywords: artificial intelligence (ai), patent claim interpretation, intellectual property rights, algorithmic bias, natural language processing, patent law harmonization, legal ethics

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Authors: Sakshi V. Tantak, Vishap K. Malik, Neelanjney Pilarisetty

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A patent is an exclusive right granted for an invention. It can be a product or a process that provides an innovative method of doing something, or offers a new technical perspective or solution to a problem. A patent can be obtained by making the technical information and details about the invention publicly available. The patent owner has exclusive rights to prevent or stop anyone from using the patented invention for commercial uses. Any commercial usage, distribution, import or export of a patented invention or product requires the patent owner’s consent. It has been observed that the central and important parts of patents are scripted in idiosyncratic and complex linguistic structures that can be difficult to read, comprehend or interpret for the masses. The abstracts of these patents tend to obfuscate the precise nature of the patent instead of clarifying it via direct and simple linguistic constructs. This makes it necessary to have an efficient access to this knowledge via concise and transparent summaries. However, as mentioned above, due to complex and repetitive linguistic constructs and extremely long sentences, common extraction-oriented automatic text summarization methods should not be expected to show a remarkable performance when applied to patent documents. Other, more content-oriented or abstractive summarization techniques are able to perform much better and generate more concise summaries. This paper proposes an efficient summarization system for patents using artificial intelligence, natural language processing and deep learning techniques to condense the knowledge and essential information from a patent document into a single summary that is easier to understand without any redundant formatting and difficult jargon.

Keywords: abstractive summarization, deep learning, natural language Processing, patent document

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Authors: Alissa Lefebre

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It might seem intuitive to hope for a fast decision on the patent grant. After all, a granted patent provides you with a monopoly position, which allows you to obstruct others from using your technology. However, this does not take into account the strategic advantages one can obtain from keeping their patent applications pending. First, you have the financial advantage of postponing certain fees, although many applicants would probably agree that this is not the main benefit. As the scope of the patent protection is only decided upon at the grant, the pendency period introduces uncertainty amongst rivals. This uncertainty entails not knowing whether the patent will actually get granted and what the scope of protection will be. Consequently, rivals can only depend upon limited and uncertain information when deciding what technology is worth pursuing. One way to keep patent applications pending, is the use of divisional applications. These applicants can be filed out of a parent application as long as that parent application is still pending. This allows the applicant to pursue (part of) the content of the parent application in another application, as the divisional application cannot exceed the scope of the parent application. In a fast-moving and complex market such as the tele- and digital communications, it might allow applicants to obtain an actual monopoly position as competitors are discouraged to pursue a certain technology. Nevertheless, this practice also has downsides to it. First of all, it has an impact on the workload of the examiners at the patent office. As the number of patent filings have been increasing over the last decades, using strategies that increase this number even more, is not desirable from the patent examiners point of view. Secondly, a pending patent does not provide you with the protection of a granted patent, thus not only create uncertainty for the rivals, but also for the applicant. Consequently, the European patent office (EPO) has come up with a “raising the bar initiative” in which they have decided to tackle the strategic use of divisional applications. Over the past years, two rules have been implemented. The first rule in 2010 introduced a time limit, upon which divisional applications could only be filed within a 24-month limit after the first communication with the patent office. However, after carrying-out a user feedback survey, the EPO abolished the rule again in 2014 and replaced it by a fee mechanism. The fee mechanism is still in place today, which might be an indication of a better result compared to the first rule change. This study tests the impact of these rules on the strategic use of divisional applications in the tele- and digital communication industry and provides empirical evidence on their success. Upon using three different survival models, we find overall evidence that divisional applications prolong the pendency time and that only the second rule is able to tackle the strategic patenting and thus decrease the pendency time.

Keywords: divisional applications, regulatory changes, strategic patenting, EPO

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Authors: Lin Qing

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[Objective/Significance] The cultivation of high-value patents is the focus and difficulty of patent work, which is of great significance to the construction of a powerful country with intellectual property rights. This work should not only pay attention to the existing patent applications, but also start from the pre-application to explore the high-value technical solutions as the core of high-value patents. [Methods/processes] Comply with the principle of scientific and technological knowledge diffusion, this study studies the top academic conference papers and their cited patent applications, taking the power semiconductor field as an example, using facts date show the feasibility and rationality of mining technology solutions from high quality research results to foster high value patents, stating the actual benefits of these achievements to the industry, giving patent protection suggestions for Chinese applicants comparative with field situation. [Results/Conclusion] The research shows that the quality of citation applications of ISPSD papers is significantly higher than the field average level, and the ability of Chinese applicants to use patent protection related achievements needs to be improved. This study provides a practical and highly targeted reference idea for patent administrators and researchers, and also makes a positive exploration for the practice of the spirit of breaking the five rules.

Keywords: high-value patents cultivation, technical solutions, knowledge diffusion, top academic conference papers, intellectual property information analysis

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Authors: Anandkumar Rshindhe

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Patents are considered as good monopoly in India. It is a mechanism by which the inventor is encouraged to do invention and also to make available to the society at large with a new useful technology. Patent system does not provide any protection to the invention itself but to the claims (rights) which the patentee has identified in relation to his invention. Thus the patentee is granted monopoly to the extent of his recognition of his own rights in the form of utilities and all other utilities of invention are for the public. Thus we find both benefit to the inventor and the public at large that is the ultimate consumer. But developing any such technology is not free of cost. Inventors do a lot of investment in the coming out with a new technologies. One such example if of Pharmaceutical industries. These pharmaceutical Industries do lot of research and invest lot of money, time and labour in coming out with these invention. Once invention is done or process identified, in order to protect it, inventors approach Patent system to protect their rights in the form of claim over invention. The patent system takes its own time in giving recognition to the invention as patent. Even after the grant of patent the pharmaceutical companies need to comply with many other legal formalities to launch it as a drug (medicine) in market. Thus major portion in patent term is unproductive to patentee and whatever limited period the patentee gets would be not sufficient to recover the cost involved in invention and as a result price of patented product is raised very much, just to recover the cost of invent. This is ultimately a burden on consumer who is paying more only because the legislature has failed to provide for the delay and loss caused to patentee. This problem can be effectively remedied if Patent Term extension is done. Due to patent term extension, the inventor gets some more time in recovering the cost of invention. Thus the end product is much more cheaper compared to non patent term extension.The basic question here arises is that when the patent period granted to a patentee is only 20 years and out of which a major portion is spent in complying with necessary legal formalities before making the medicine available in market, does the company with the limited period of monopoly recover its investment made for doing research. Further the Indian patent Act has certain provisions making it mandatory on the part of patentee to make its patented invention at reasonable affordable price in India. In the light of above questions whether extending the term of patent would be a proper solution and a necessary requirement to protect the interest of patentee as well as the ultimate consumer. The basic objective of this paper would be to check the implications of Extending the Patent term on Indian Consumers. Whether it provides the benefits to the patentee, consumer or a hardship to the Generic industry and consumer.

Keywords: patent term extention, consumer interest, generic drug industry, pharmaceutical industries

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Authors: José Carlos Rodríguez, Mario Gómez

Abstract:

This paper analyses innovation trends in Latin America countries by means of the number of patent applications filed by residents and non-residents during the period 1965 to 2012. Making use of patent data released by the World Intellectual Property Organization (WIPO), we search for the presence of multiple structural changes in patent application series in Argentina, Brazil Chile, and Mexico. These changes may suggest that firms’ innovative activity has been modified as a result of implementing a particular science, technology and innovation (STI) policy. Accordingly, the new regulations implemented in these countries during 1980s and 1990s have influenced their intellectual property regimes. The question conducting this research is thus how STI policies in these countries have affected their innovation activity? The results achieved in this research confirm the existence of multiple structural changes in the series of patent applications resulting from STI policies implemented in these countries.

Keywords: econometric methods, innovation activity, Latin America countries, patents, science, technology and innovation policy

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Authors: Christina Wainikka, Besrat Tesfaye

Abstract:

Several of the countries in the Baltic Sea region are ranked high in international innovations rankings, such as the Global Innovation Index and European Innovation Scoreboard. There are however some concerns in the performance of different countries. For example, there is a widely spread notion about “The Swedish Paradox”. Sweden is ranked high due to investments in R&D and patent activity, but the outcome is not as high as could be expected. SMEs in Sweden are also below EU average when it comes to registering intellectual property rights such as patents and trademarks. This study is concentrating on the protection of utility model. This intellectual property right does not exist in Sweden, but in for example Finland and Germany. The utility model protection is sometimes referred to as a “patent light” since it is easier to obtain than the patent protection but at the same time does cover technical solutions. In examining statistics on patent activities and activities in registering utility models it is clear that utility model protection is scarcely used in the countries that have the protection. In Germany 10 577 applications were made in 2021. In Finland there were 259 applications made in 2021. This can be compared with patent applications that were 58 568 in Germany in 2021 and 1 662 in Finland in 2021. In Sweden there has never been a protection for utility models. The only protection for technical solutions is patents and business secrets. The threshold for obtaining a patent is high, due to the legal requirements and the costs. The patent protection is there for often not chosen by SMEs in Sweden. This study examines whether the protection of utility models in other countries in the Baltic region provide SMEs in these countries with better options to protect their innovations. The legal methodology is comparative law. In order to study the effects of the legal differences statistics are examined and interviews done with SMEs from different industries.

Keywords: baltic sea region, comparative law, SME, utility model

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Authors: Eugene C. Lim

Abstract:

This paper seeks to examine the extent to which ‘forum shopping’ is available to patent filers seeking protection of GMO (genetically modified organisms)-based inventions in Hong Kong. Under Hong Kong’s current re-registration system for standard patents, an inventor must first seek patent protection from one of three Designated Patent Offices (DPO) – those of the People’s Republic of China (PRC), the Europe Union (EU) (designating the UK), or the United Kingdom (UK). The ‘designated patent’ can then be re-registered by the successful patentee in Hong Kong. Interestingly, however, the EU and the PRC do not adopt a harmonized approach toward the patenting of GMOs, and there are discrepancies in their interpretation of the phrase ‘animal or plant variety’. In view of these divergences, the ability to effectively manage ‘conflict of law’ issues is an important priority for multinational biotechnology firms with a patent portfolio in the Greater China region. Generally speaking, both the EU and the PRC exclude ‘animal and plant varieties’ from the scope of patentable subject matter. However, in the EU, Article 4(2) of the Biotechnology Directive allows a genetically modified plant or animal to be patented if its ‘technical feasibility is not limited to a specific variety’. This principle has allowed for certain ‘transgenic’ mammals, such as the ‘Harvard Oncomouse’, to be the subject of a successful patent grant in the EU. There is no corresponding provision on ‘technical feasibility’ in the patent legislation of the PRC. Although the PRC has a sui generis system for protecting plant varieties, its patent legislation allows the patenting of non-biological methods for producing transgenic organisms, not the ‘organisms’ themselves. This might lead to a situation where an inventor can obtain patent protection in Hong Kong over transgenic life forms through the re-registration of a patent from a more ‘biotech-friendly’ DPO, even though the subject matter in question might not be patentable per se in the PRC. Through a comparative doctrinal analysis of legislative provisions, cases and court interpretations, this paper argues that differences in the protection afforded to GMOs do not generally prejudice the ability of global MNCs to obtain patent protection in Hong Kong. Corporations which are able to first obtain patents for GMO-based inventions in Europe can generally use their European patent as the basis for re-registration in Hong Kong, even if such protection might not be available in the PRC itself. However, the more restrictive approach to GMO-based patents adopted in the PRC would be more acutely felt by enterprises and inventors based in mainland China. The broader scope of protection offered to GMO-based patents in Europe might not be available in Hong Kong to mainland Chinese patentees under the current re-registration model for standard patents, unless they have the resources to apply for patent protection as well from another (European) DPO as the basis for re-registration.

Keywords: biotechnology, forum shopping, genetically modified organisms (GMOs), greater China region, patent portfolio

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