• ETRI Journal
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• v.20 no.1
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• pp.96-112
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• 1998

The patentability of computer program has been discussed because of its deviation from the traditional definition of a patent. The relativities of computer programs to hardware are classified to measure the relative patentability of computer programs in this paper. It can be seen through the patentability analysis that the change in patentability basically follows an exponent part of the function is a damping factor that determines a patentability degree or trend. The basic patentability of computer programs is revealed when the damping factor value is 1, and a statistical patent specification, an appropriate expression of applicability and substantiality of computer programs is needed to acquire a patent right.

• Korean Journal of Oriental Medicine
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• v.11 no.2
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• pp.53-66
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• 2005

This study is concerned with the patentability and protection of intellectual property rights in Traditional Korea Medicine Paper. The results analyzed significance of patentability by investigated for many kinds of Traditional Korea Medicine Paper. It provide extension of intellectual property rights protection and further research region of TKM field by analysing information of patentability. Recently, In the protection of intellectual property rights, the importance of traditional knowledge resource in many country is increased. It will predict the number of apply for the patent increased annually This study will be provide judging guideline and strategy of intellectual property rights protection by search to detect all existing similar patents in Patent Office (Korea, Japan, U.S.A. EPO) about Traditional Korea Medicine Paper. As a result, It can not be investigated about 33% because of paper research or theoretical study or question investigation etc. But the case of 'The Korea Association of Herbology' and 'The Korean Oriental Medical Ophthalmology & Otolaryngology & Dematology Society' have about 10% rate. If it will be constructed DB system, they will be protected by national treatment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.227-250
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• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.455-467
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• 2015

Objective: The present study suggested practical measures for successful patent registration based on a review of success and failure cases of patent application filed based on inventions obtained from physical ergonomics research. Background: The protection of intellectual property (IP) contributes to economic growth and competitiveness and facilitates innovation and creativity. IP rights are pursued on research findings for effective technology transfer and commercialization; however, a patent application can be rejected if patentability requirements such as patent eligible subject matter, utility for industrial application, novelty, or non-obviousness are not satisfied. Method: Three successful and three failed cases of patent applications based on physical ergonomics research were reviewed, critical reasons for their successes and failures were examined, and measures were proposed to avoid failures in patent registration. Results: The following measures were identified based on the patent application case review. First, abstract ideas including logical procedures and/or mathematical formulas need to include use of tangible apparatus and methods in idea realization. Second, the provision of grace period inventor disclosure exception needs to be properly followed in case an invention is disclosed before filing of patent application. Lastly, a comprehensive analysis of prior art published or publicly known anywhere in the world and a claim preparation of distinguished, non-trivial features compared to prior art solutions are needed to avoid possible violation of novelty and non-obviousness. Application: The proposed measures can help to prepare a patent application with patent eligibility.

• Electronics and Telecommunications Trends
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• v.13 no.1 s.49
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• pp.78-92
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• 1998

소프트웨어 산업이 발전하면서 다양한 기능을 수행하는 복잡한 프로그램들이 개발됨에 따라 그 특허성을 인정하는 수용의 폭이 크게 확대되는 추세에 있다. 컴퓨터 프로그램은 컴퓨터(하드웨어)와 결합함으로써 그 실체가 나타나므로 잠재적인 상호작용을 갖고 있는 것으로 본다. 단지, 컴퓨터 프로그램은 하드웨어와의 관련성에 따라 계층적인 상호작용을 갖고 있는 특성이 있어 프로그램의 유형에 따라 특허성의 정도 차이가 있다는 것을 알 수 있다. 컴퓨터 프로그램은 반드시 하드웨어와 결합하여 동작할 때 의미가 있으므로, 컴퓨터 프로그램에 대한 최근의 특허심사 기준이 실체성 표명의 벽을 크게 완화하였다고는 하여도 프로그램 자체만으로는 특허성이 인정되지 아니하며 어떠한 형태로든 산업상 유용한 사물과의 연관관계를 이용하여 설명하여야 한다.

• Journal of Korea Multimedia Society
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• v.23 no.2
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• pp.317-327
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• 2020

R&D(Research and Development) efficiency analysis is a very important issue in academia and industry. Although many studies have been conducted to analyze R&D(Research and Development) efficiency since the past, studies that analyzed R&D(Research and Development) efficiency considering both patentability and patent quality efficiency according to the financial performance of a company do not seem to have been actively conducted. In this study, measuring the patent application and patent quality efficiency according to financial performance, patent quality efficiency according to patent application were applied to corporate groups related to artificial intelligence hardware technology defined as GPU(Graphics Processing Unit), FPGA(Field Programmable Gate Array), ASIC(Application Specific Integrated Circuit) and Neuromorphic. We analyze the efficiency empirically and use Data Envelopment Analysis as a measure of efficiency. This study examines which companies group has high R&D(Research and Development) efficiency about artificial intelligence hardware technology.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.57-72
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• 2011

According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

• Journal of Technology Innovation
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• v.20 no.2
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• pp.135-159
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• 2012

To the analysis and discussion whether to conceptualization between the basis and LCM(Life cycle management) of patentability decisions and evergreening through research on patent application strategies and litigation cases. The Stakeholders have said that the LCM and evergreening strategies are an innovative effort to develop new pharmaceuticals, while others say that it is an effort to block generic pharmaceuticals from entering the market and permanently dominate the market by generic pharmaceuticals manufacturers or health economic perspectives. To achieve the goal of research, to discuss for conceptualization LCM and Evergreening strategies through patent application strategies for 14 pharmaceuticals for APIs and case studies for litigations. As a results, the LCM is getting patent rights for the results of research at the initial R&D stage and as such this shall be regarded as part of an effort for technology innovation. However, Evergreening is granting patent rights for the results by making high permission barrier to prevent the market entry of generic pharmaceuticals in the late development period during the pharmaceuticals development process or after their launch. This may lead to the problem of getting weak in health economic aspects and consumer welfare aspects by lowering the market accessibility of cheap generic pharmaceuticals.

• Journal of Information Technology and Architecture
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• v.10 no.1
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• pp.63-70
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• 2013

This paper deals with the trend analysis and the patent prior-art for wireless rechargeable technology. By this technological analysis, the corresponding service applications and the strategy upon the mobile smart phone regarding the design UX/UI and several wireless rechargeable technology have been derived. The market outlook on the wireless rechargeable technology grows rapidly so that the market size is increased about six times bigger than that of the last year, and it will grow about 18 billion dollars in 2014. Because of that, as the interest on this area outfocused, many kinds of technology and new product are being exploited in this field. So the technological guidance and the patent map for the wireless rechargeable technology will highly expected. Especially due to our analysis, research and development about service application of this technology is one of the most promising areas, and several technological suggestions are represented which include the patentability and invalidation, right strategy and licensing policy, and battery sharing with extended durability, etc.

• Journal of Korea Society of Industrial Information Systems
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• v.15 no.2
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• pp.99-113
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• 2010

Beyond the rapid normalization process of patents in software industry, complex legal evolution and rigorous economic arguments underlie the crucial environmental transformation of the industry. In this article, we trace the evolutionary history for the theory and practice of patents in software industry from both legal and economic perspectives. First, we study the legal disputes and cases in light with the underpinnings of patent policy transformation, and then delve into the economic backrounds of the pros and cons for software patents, with special focus on the generic economic peculiarities of software industry. The fact that historical and practical policy and law in Korea have been largely affected from those of USA, and relative deficiency in the law, economics and management literature are the main motivation of the study, and we hope this study to contribute to the decision making of policymakers as well as law and business practitioners.