• Title/Summary/Keyword: Patent Technology

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Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

A Patent Analysis on Components Technologies of Absorption Refrigeration System (흡수식 냉동기의 요소기술에 관한 특허분석)

  • Bay, Y.M.;Shim, Y.;Park, Y.C.
    • Journal of Power System Engineering
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    • v.8 no.3
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    • pp.11-17
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    • 2004
  • An analysis was conducted to predict technical trends for the highly efficient absorption refrigeration system. The study was based on submitted patent during January 1981 and December 2000 in Korea, Japan and U.S.A. The analysis are divided with two categories as component technology and refrigeration type technology. The analysis was focused on component technologies rather than the absorption cycle or system technologies.

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KoRIBES : A Study on the Problems of RIBES in Automatic Evaluation English-Korean Patent Machine Translation (특허 기계 번역에 대한 RIBES 한국어 자동평가 문제에 대한 고찰)

  • Jang, Hyeon-Jin;Jang, Moon-Seok;Noh, Han-Sung
    • Annual Conference on Human and Language Technology
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    • 2020.10a
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    • pp.543-547
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    • 2020
  • 자연어 처리에서 기계번역은 가장 많이 사용되고 빠르게 발전하고 있다. 기계번역에 있어서 사람의 평가가 가장 정확하고 중요하지만 많은 시간과 비용이 발생된다. 이에 기계번역을 자동 평가하는 방법들이 많이 제안되어 사용되고 있지만, 한국어 특성을 잘 반영한 자동평가 방법은 연구되지 않고 있다. BLEU와 같은 자동평가 방법을 많이 사용하고 있지만 언어의 특성 차이로 인해 원하는 평가결과를 얻지 못하는 경우가 발생하며, 특히 특허나 논문과 같은 기술문서의 번역에서는 더 많이 발생한다. 이에 본 논문에서는 단어의 정밀도와 어순이 평가에 영향이 있는 RIBES를 가지고 특허 기계 번역에서 영어→한국어로 기계 번역된 결과물의 자동평가에 대해 사람의 평가와 유사한 결과를 얻기 위해 tokenization 과정에서 복합 형태소 분리를 통한 평가방법을 제안하고자 한다.

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A Study on the Determinants of Patent Citation Relationships among Companies : MR-QAP Analysis (기업 간 특허인용 관계 결정요인에 관한 연구 : MR-QAP분석)

  • Park, Jun Hyung;Kwahk, Kee-Young;Han, Heejun;Kim, Yunjeong
    • Journal of Intelligence and Information Systems
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    • v.19 no.4
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    • pp.21-37
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    • 2013
  • Recently, as the advent of the knowledge-based society, there are more people getting interested in the intellectual property. Especially, the ICT companies leading the high-tech industry are working hard to strive for systematic management of intellectual property. As we know, the patent information represents the intellectual capital of the company. Also now the quantitative analysis on the continuously accumulated patent information becomes possible. The analysis at various levels becomes also possible by utilizing the patent information, ranging from the patent level to the enterprise level, industrial level and country level. Through the patent information, we can identify the technology status and analyze the impact of the performance. We are also able to find out the flow of the knowledge through the network analysis. By that, we can not only identify the changes in technology, but also predict the direction of the future research. In the field using the network analysis there are two important analyses which utilize the patent citation information; citation indicator analysis utilizing the frequency of the citation and network analysis based on the citation relationships. Furthermore, this study analyzes whether there are any impacts between the size of the company and patent citation relationships. 74 S&P 500 registered companies that provide IT and communication services are selected for this study. In order to determine the relationship of patent citation between the companies, the patent citation in 2009 and 2010 is collected and sociomatrices which show the patent citation relationship between the companies are created. In addition, the companies' total assets are collected as an index of company size. The distance between companies is defined as the absolute value of the difference between the total assets. And simple differences are considered to be described as the hierarchy of the company. The QAP Correlation analysis and MR-QAP analysis is carried out by using the distance and hierarchy between companies, and also the sociomatrices that shows the patent citation in 2009 and 2010. Through the result of QAP Correlation analysis, the patent citation relationship between companies in the 2009's company's patent citation network and the 2010's company's patent citation network shows the highest correlation. In addition, positive correlation is shown in the patent citation relationships between companies and the distance between companies. This is because the patent citation relationship is increased when there is a difference of size between companies. Not only that, negative correlation is found through the analysis using the patent citation relationship between companies and the hierarchy between companies. Relatively it is indicated that there is a high evaluation about the patent of the higher tier companies influenced toward the lower tier companies. MR-QAP analysis is carried out as follow. The sociomatrix that is generated by using the year 2010 patent citation relationship is used as the dependent variable. Additionally the 2009's company's patent citation network and the distance and hierarchy networks between the companies are used as the independent variables. This study performed MR-QAP analysis to find the main factors influencing the patent citation relationship between the companies in 2010. The analysis results show that all independent variables have positively influenced the 2010's patent citation relationship between the companies. In particular, the 2009's patent citation relationship between the companies has the most significant impact on the 2010's, which means that there is consecutiveness regarding the patent citation relationships. Through the result of QAP correlation analysis and MR-QAP analysis, the patent citation relationship between companies is affected by the size of the companies. But the most significant impact is the patent citation relationships that had been done in the past. The reason why we need to maintain the patent citation relationship between companies is it might be important in the use of strategic aspect of the companies to look into relationships to share intellectual property between each other, also seen as an important auxiliary of the partner companies to cooperate with.

A case study of Abusing of Game Technology License - The Konami's Music Game Licence Lawsuit Approach - (게임 기술 특허 남용에 대한 사례연구 -코나미사의 음악게임 특허 소송 사례를 중심으로-)

  • Jeon, Hong Sik;Koh, Chan
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.81-88
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    • 2014
  • The patent right is that creators are received the right of monopoly for supporting their creation work perseveringly but sometimes it causes infringement of freedom of creation. In this study, we examine the patent of music game in arcade game field and also examine Konami's, which is a main producer in this field, institutes many lawsuits repeatedly. It brought on diversion of rivals and depression of game market. We examine the abuse of music game patent through the case of Konami. We examine the negative influence through all music game market that creativity blocked by repetitive patent lawsuit institutes from little change of operation device and music game hardware even though it is reasonable for guarantee of new technology patent in game field which is a idea industry. We examine the lawsuit cases of abuse of music game patent in Korea, China and Japan and we analyze market change through the cases. We recommend policy for this industry development.

A Study of CPC-based Technology Classification Analysis Model of Patents (CPC 기반 특허 기술 분류 분석 모델)

  • Chae, Soo-Hyeon;Gim, Jangwon
    • The Journal of the Korea Contents Association
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    • v.18 no.10
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    • pp.443-452
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    • 2018
  • With the explosively increasing intellectual property rights, securing technological competitiveness of companies is more and more important. In particular, since patents include core technologies and element technologies, patent analysis researches are actively conducted to measure the technological value of companies. Various patent analysis studies have been conducted by the International Patent Classification(IPC), which does not include the latest technical classification, and the technical classification accuracy is low. In order to overcome this problem, the Cooperative Patent Classification(CPC), which includes the latest technology classification and detailed technical classification, has been developed. In this paper, we propose a model to analyze the classification of the technologies included in the patent by using the detailed classification system of CPC. It is possible to analyze the inventor's patents in consideration of the relation, importance, and efficiency between the detailed classification schemes of the CPCs to extract the core technology fields and to analyze the details more accurately than the existing IPC-based methods. Also, we perform the comparative evaluation with the existing IPC based patent analysis method and confirm that the proposed model shows better performance in analyzing the inventor's core technology classification.

A comparative analysis on market and technology in water industry (물산업 시장과 기술 비교분석)

  • Park, Imsu
    • Journal of Korean Society of Water and Wastewater
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    • v.35 no.6
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    • pp.437-454
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    • 2021
  • This study investgates Korean water technology through the water market perspective and analyses its competitiveness. Based on the water technology classification, water technology competitiveness is analysed through the technological influence index and market dominance index which are based on the extracted water technology patents from the US, Europe, Korea, and Japan for the last decade. As a result, the Korean water technology patents were lack in influence and competitiveness in global market considering the large volume of patents. There are two most tech-influential industries in Korea; manufacturing industry consisting pipes, sterilization, disinfection, and advanced water purification equipment, and construction industry including seawater desalination and water resource development. Due to the domestic usage of the patents, the Korean water technology patents scored low in global market PFS(Patent Family Size) index compared to their CPP(Cites Per Patent) index. The study is meaningful in a way that the analysis on Korean water technology competitiveness using water technology classification system and patent analysis was conducted based on the perspective of the global water market.

A patent application filing forecasting method based on the bidirectional LSTM (양방향 LSTM기반 시계열 특허 동향 예측 연구)

  • Seungwan, Choi;Kwangsoo, Kim;Sooyeong, Kwak
    • Journal of IKEEE
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    • v.26 no.4
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    • pp.545-552
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    • 2022
  • The number of patent application filing for a specific technology has a good relation with the technology's life cycle and future industry development on that area. So industry and governments are highly interested in forecasting the number of patent application filing in order to take appropriate preparations in advance. In this paper, a new method based on the bidirectional long short-term memory(LSTM), a kind of recurrent neural network(RNN), is proposed to improve the forecasting accuracy compared to related methods. Compared with the Bass model which is one of conventional diffusion modeling methods, the proposed method shows the 16% higher performance with the Korean patent filing data on the five selected technology areas.

A study on the efficient patent search process using big data analysis tool R (빅데이터 분석 도구 R을 활용한 효율적인 특허 검색에 관한 연구)

  • Zhang, Jing-Lun;Jang, Jung-Hwan;Kim, Suk-Ju;Lee, Hyun-Keun;Lee, Chang-Ho
    • Journal of the Korea Safety Management & Science
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    • v.15 no.4
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    • pp.289-294
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    • 2013
  • Due to sudden transition to intellectual society corresponding with fast technology progress, companies and nations need to focus on development and guarantee of intellectual property. The possession of intellectual property has been the important factor of competition power. In this paper we developed the efficient patent search process with big data analysis tool R. This patent search process consists of 5 steps. We result that at first this process obtain the core patent search key words and search the target patents through search formula using the combination of above patent search key words.

LED Knowledge Map through a Patent Application (특허 출원 분석을 통한 LED 지식 맵)

  • Koo, Young-Duk;Jeong, Dae-Hyun;Kwon, Young-Il
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.5
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    • pp.961-966
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    • 2012
  • In this paper, we analyze a main patent positioning to analyze data based on patent application as stage of data collection to organize knowledge map of LED through patent application. We also analyze the present condition of patent application for technology sector. We propose basic data to make knowledge map through the analysis of technical distribution for applicant by each country.