标准必要专利禁令请求权的抗辩 ——从利益第三人合同的视角

专利纳入标准,形成两个领域交叉的特殊情形,专利的私益性必然受到标准之公益属性的影响.在标准实施者实施标准不得不使用"标准必要专利"的情形下,专利权人援用侵权救济的禁令请求权将受标准内在原则的限制.标准制定组织的知识产权政策和专利权人的承诺符合要约、承诺的构成要件,两者成立合同关系.公平、合理、无歧视的承诺,隐含了专利权人允许标准实施者使用专利的单方允诺,标准实施者由此获得了利益第三人地位.利益第三人合同下,标准制定组织的要约以及标准实施者的信赖利益分别构成对禁令请求权的抗辩.     

关于标准与专利关系的浅析

标准涉及专利问题引发了对专利、产品、标准三者相互关系的研讯本文提出标准无需专利的进入;专利是产品的采用对象,并非是标准的引用对象;企业标准可以是专利介入的媒介;用专利引导产品进步,用标准支撑产品有序渐进发展等标准与专利关系的观点。     

Inventive output of academic research: A comparison of two science systems

This paper compares the inventive output of two science systems in small European countries. More specifically, we examine patented inventions of Finnish and Flemish university researchers. The comparison includes inventive output as such and its concentration on organizations, inventors, and corporate owners as well as foreign assignations and the degree to which individual inventors have retained the ownership of the patents. While there are commonalities between the Finnish and Flemish systems in terms of patent concentration on key institutions and corporate assignees, there are also pronounced differences with respect to the ownership structure of academic patents, which was expected in light of the different intellectual property regulations. Our observations seem to suggest that the total inventive output of a research system is not a function of the prevailing intellectual property system but rather in correspondence to overall national inventiveness thereby pointing to more general (national, cultural) drivers of academic inventive activity. From a methodological viewpoint, this research illustrates that tracing university-owned patents alone would leave considerable technological contributions of academics unidentified - also in countries where universities own the rights to their researchers patents. Another finding with potential methodological implications is that patents are highly concentrated on institutions. If such a distribution law applies to large countries as well, analysts could cover most of the national academic patent output by an intelligent selection of universities.     

钛合金技术引进中的知识产权分析研究

通过分析新型材料中钛合金材料专利与非专利技术的现状与发展,尤其针对钛合金技术专利申请情况、关键技术引进状态、关键技术分布、重点专利等,提出了钛合金材料关键技术的引进方向及知识产权保护策略,同时为该领域的研究与发展、专利风险规避和预警提供可靠的专利技术情报支撑。调研了国内武器装备钛合金关键技术引进现状及知识产权保护情况,重点开展了钛合金技术国内外专利情况分析以及关键技术引进中的知识产权保护现状分析,并通过图表的形式,明确了钛合金技术在引进过程中的可行性。研究成果可应用于武器装备新型材料的研发,为装备新型材料先进技术引进或借鉴提供依据。     

Patent research in the field of library and information science: Less useful or difficult to explore?

Patents and relevant topics are gaining momentum in economic analysis and scientific research with the rapid global intellectual property filings growth. However, a corresponding increase seems to be unspectacular in patent research publications, especially under the category of information science and library science. This paper provided a retrospect to the existing studies on patents collected from web of science and emphatically characterized the current situation through performing a series of bibliometric analysis. Prominent authors and institutions from mainland China, Taiwan and Belgium have carried out various studies on patent separately or jointly. Topics involved in 884 journal papers are reclassified from perspectives of the development, application and analysis of patents based on the results of keyword co-occurrence and typical publications in each stage. The final, but the novel part of this study was a sentence-by-sentence analysis of conclusive and citing ideas of recent publications, for tracing problems and potential researchable topics and indicating that patent research still has more spaces to move up.     

Changing landscape in biotechnology patenting

Trade regime of the world has brought into focus the ability to generate and secure IPR. The transformation has been rapid and recent decades have seen an increase in intellectual property protection worldwide. The Patent Cooperation Treaty (PCT) has, since it began in 1978, seen continuous growth with a record 156,100 application filed in 2007, representing a 4.7% growth over the previous year. Most academic patents applied for are in biotechnology or related fields. The paper identifies the effect of the changing landscape in biotechnology patents. Changes in specific areas like transgenic crops, nanotechnology, pharmaceuticals etc. are also discussed along with trends like the increase in patent applications by educational institutes across the globe. Certain problems pertaining to patenting of biotechnological innovations that have arisen in recent times are also discussed.     

Are patent trade wars impeding innovation and development?

When patents support anti-competitive conduct, innovation can be damaged not only by lack of market access but by the prohibitive costs of litigation. The creation of patent barriers is inconsistent with IP protection and enforcement agreed upon under the World Trade Organization and trade-related aspects of intellectual property rights (‘TRIPS’). The study uses the US Apple v HTC IP legal case to investigate anti-competitive market behavior and trade barriers. The research provides a formal patent analytic methodology and the case analysis result. The research method tests whether patent conflicts and technical trade barriers are significantly encouraged by existing IP laws.     

Literature listing

The quarterly Literature Listing is intended as a current awareness service for readers indicating newly published books, journal and conference articles on: patent search techniques, databases, analysis and classifications; patent searcher certification; patents relating to a) life sciences and pharmaceuticals and b) software; patent policy and strategic issues; trade marks; designs; domain names; and articles reviewing historical aspects of intellectual property or reviewing specific topics/persons. The current Literature Listing was compiled mid-August 2016. Key resources used are Scopus, Digital Commons, publishers’ RSS feeds, and serendipity!     

Academic inventions and patents in the Netherlands: A case study on business sector exploitation

This paper describes a new methodology to identify patent applications based upon research at nine universities and three university medical centers in the Netherlands and a case study elaborating subsequent, scientifically research based, IP exploitation in several sectors. We address the identification and utilization of the intellectual property by domestic business enterprises and start ups based upon patents from university research. A sophisticated semi-automated data collection heuristic was adopted to identify all relevant university-invented patent applications that were filed between 2000 and 2010.In total 2898 patent applications based upon scientific research at universities and related to university inventions were identified. For 952 of these university inventions patent applications were filed by the universities themselves. The total number of university based related patent applications represent 5% of the total volume of patent applications from Dutch origin.A subsequent survey among companies exploiting university research based IP, was carried out to gather information on their actual use of their IP in terms of manpower involved in product or market development and estimated monetary value of the patents. 78 companies responded to this survey. The main findings reveal that a variety of IP exploitation strategies has been used. Overall, more than 50% of the patents still wait to be used for further development and innovations. The number of jobs created by spin offs from university research institutes is approximately 9500 jobs over a period of 10 years. Average revenues from these patents amounted to € 42,000. Several findings from our small-scale national survey on patent exploitation with regards to use and monetary values are in line with general results from the large-scale European PatVal survey and the APE-INV survey.     

Citations as a measure of technological impact: A review of forward citation-based measures

The number of forward citations a patent receives accumulates over time and appears to be correlated to the patent‘s (i.e. invention's) technological impact. A dominant theory suggests that highly cited patents contain an important technological advance. However, a variety of citation based measures have been proposed by different authors. This study, via a narrative literature review, identified nine forward citation-based measures that appear of particular relevance. We describe each measure and present them in a comparative format.The measures are divided into two broad categories: firstly the ones that are particularly relevant to the patent level (citation index, forward citation frequency, generality, influence), and secondly the ones that are relevant to the patent portfolio level (current impact index, herfindal-hirschman index, hindrance index, relative patent position, technology strength).We hope research scholars and industrial users find this review helpful for citation analysis and intellectual property analytics, especially when wanting to employ forward citation-based measures to assess technological impact.     

The Impact of Open Source Software Commercialization on Firm Value

Vendors of proprietary software products are increasingly moving to business models inspired by open source software (OSS). This study investigates sources of heterogeneity in value appropriation associated with commercializing OSS. Specifically, I suggest that the relationship between a firm's OSS releases and its value depends critically on its stocks of protection mechanisms for intellectual property rights, such as software patents and software trademarks. I find that while software patent stocks positively affect the relationship between a firm's OSS product portfolio and its value, software trademark stocks have a negative effect on this relationship.     

Ontology-based neural network for patent knowledge management in design collaboration

In order to stimulate innovation during the collaborative process of new product and production development, especially to avoid duplicating existing techniques or infringing upon others’ patents and intellectual property rights, the collaborative team of research and development, and patent engineers must accurately identify relevant patent knowledge in a timely manner. This research develops a novel knowledge management approach using ontology-based artificial neural network (ANN) algorithm to automatically classify and search knowledge documents stored in huge online patent corpuses. This research focuses on developing a smart and semantic oriented classification and search from the sources of the most critical and well-structured knowledge publications, i.e. patents, to gain valuable and practical references for the collaborative networks of technology-centric product and production development teams. The research uses the domain ontology schema created using Protégé and derives the semantic concept probabilities of key phrases that frequently occur in domain relevant patent documents. Then, by combining the term frequencies and the concept probabilities of key phrases as the ANN inputs, the method shows significant improvement in classification accuracy. In addition, this research provides an advanced semantic-oriented search algorithm to accurately identify related patent documents in the patent knowledge base. The case demonstration analyses 343 chemical mechanical polishing and 150 radio-frequency identification patents sample sets to verify and measure the performance of the proposed approach. The results are compared with the previous automatic classification methods demonstrating much improved outcomes.     

Literature Listing

The quarterly Literature Listing is intended as a current awareness service for readers indicating newly published books, journal and conference articles on: patent search techniques, databases, analysis and classifications; patent searcher certification; patents relating to a) life sciences and pharmaceuticals and b) software; patent policy and strategic issues; trade marks; designs; domain names; and articles reviewing historical aspects of intellectual property or reviewing specific topics/persons. The current Literature Listing was compiled end-May 2020. Key resources used are Scopus, Digital Commons, publishers’ RSS feeds, and serendipity! Please feel free to send the author details of newly published reports/monographs/books for potential inclusion.     

Literature Listing

The quarterly Literature Listing is intended as a current awareness service for readers indicating newly published books, journal and conference articles on: patent search techniques, databases, analysis and classifications; patent searcher certification; patents relating to a) life sciences and pharmaceuticals and b) software; patent policy and strategic issues; trade marks; designs; domain names; and articles reviewing historical aspects of intellectual property or reviewing specific topics/persons. The current Literature Listing was compiled end-February 2020. Key resources used are Scopus, Digital Commons, publishers’ RSS feeds, and serendipity! Please feel free to send the author details of newly published reports/monographs/books for potential inclusion.     

Percentage Patent Representation (PPR) Bilateral Patent Balance (BPB) and Patent Dominancy (PD) indicators characterizing international patenting relations

In order to characterize the integration of countries into the world intellectual property network some indicators are offered. Percentage Patent Representation (PPR) gives the percentage share of patents granted to the inventors of a given country in the total number of patents granted to all foreign patentees. The ratio of PPR indices for two countries yields the Bilateral Patent Balance (BPB) indicator, which is characteristic of a mutual patent representation. Patent Dominancy (PD) index is the number of BPB indices higher than unity for a set of countries. PD indices can be related to GDP and growth of export values.     

Literature Listing

The quarterly Literature Listing is intended as a current awareness service for readers indicating newly published books, journal and conference articles on: patent search techniques, databases, analysis and classifications; patent searcher certification; patents relating to a) life sciences and pharmaceuticals and b) software; patent policy and strategic issues; trade marks; designs; domain names; and articles reviewing historical aspects of intellectual property or reviewing specific topics/persons. The current Literature Listing was compiled end-November 2019. Key resources used are Scopus, Digital Commons, publishers’ RSS feeds, and serendipity! Please feel free to send the author details of newly published reports/monographs/books for potential inclusion.     

An insight into patent landscape analysis of plant stem cells

Patent landscapes can be used as a dynamic means for research, business, and for making legal decisions within an organisation, irrespective of whether it is an early-stage or established organisation. This article focusses on details about the various facets involved in the competitive intellectual property landscape process, which include practical methods of obtaining maximum output from a landscape. This article also contains a sample landscape report on plant stem cell based patents that consists of an analysis of patent filing trend, geographical filing trend, key assignees/IPCs/inventors (in terms of highest number of patents), and most cited patents.     

Literature Listing

The quarterly Literature Listing is intended as a current awareness service for readers indicating newly published books, journal and conference articles on: patent search techniques, databases, analysis and classifications; patent searcher certification; patents relating to a) life sciences and pharmaceuticals and b) software; patent policy and strategic issues; trade marks; designs; domain names; and articles reviewing historical aspects of intellectual property or reviewing specific topics/persons. The current Literature Listing was compiled end August 2017. Key resources used are Scopus, Digital Commons, publishers' RSS feeds, and serendipity! Please feel free to send the author details of newly published reports/monographs/books for potential inclusion.     

Zenon and USFilter fight out patent lawsuit

Canadian company Zenon Environmental Inc is filing a patent infringement lawsuit against USFilter. Zenon is seeking damages and an injunction to stop the sale, manufacture and use of USFilter’s MemJet and CFM-S products which, it claims, infringe its intellectual property, protected by patents issued in the USA. The US company, which has set about vigorously defending its products against the suit, says that its products do not infringe any valid claim of the Zenon patents, and that the suit targets USFilter products that have been on the market for several years and are gaining market share.This is a short news story only. Visit www.filtsep.com for all the latest filtration industry news.     

Literature listing

The quarterly Literature Listing is intended as a current awareness service for readers indicating newly published books, journal and conference articles on: patent search techniques, databases, analysis and classifications; patent searcher certification; patents relating to a) life sciences and pharmaceuticals and b) software; patent policy and strategic issues; trade marks; designs; domain names; and articles reviewing historical aspects of intellectual property or reviewing specific topics/persons. The current Literature Listing was compiled mid-May 2016. Key resources used are Scopus, Digital Commons, publishers' RSS feeds, and serendipity! Please feel free to send the author details of newly published reports/monographs/books for potential inclusion.