Patent Validity Research Articles

Patent transformation prediction: When a patent can be transformed

Patent transformation is a pivotal pathway for realizing technological advancements, and patent transformation prediction is a potential strategy for improving the patent transformation rate. Existing automated patent transformation prediction models do not predict the transformation time, causing invalid conclusions for these valid patents. In this study, we propose a patent transformation prediction model to predict patent transformation time. (1) To obtain patent features in different time periods, the years elapsed since the patent application are segmented into multiple time slots; (2) For each patent, we extract static features and dynamic features of each time slot after constructing and embedding a dynamic graph of the patent; (3) The features for each time slot are concatenated as the input of the dynamic model which utilizes a neural network to predict the patent transformation of the time slot. We measure the model in diverse domains, each of which includes 10,000 patent transformation data. The experimental results show that precision, recall, and F1 scores are approximately 80% for predicting patent transformation in the next 3 years. Additionally, our study yields some novel findings: (1) later applied patents have a higher transformation speed; (2) over 90% of patent transformations occur within 13 years since the patent application; (3) dynamic features, especially dynamic structured features, have a significantly greater impact on patent transformation prediction compared to static features; (4) our model performs stably on different experiment data.

Patent uncertainty and survival: a longitudinal study of a Chinese knowledge-based international new venture

PurposeUnlike well-documented market or behavioral uncertainty, patent uncertainty has been significantly under-explored in the field of international entrepreneurship. Drawing on an institution-based view of strategy, this study investigated Netac, a Chinese knowledge-based international new venture (KINV), which was facing uncertainty over patents in China and the US. The aim was to address two questions: (1) how does patent uncertainty emerge in the context of KINVs? And (2) how can KINVs navigate patent hazards by interacting with national patent institutions?Design/methodology/approachA longitudinal single-case study approach was adopted as the most appropriate method for exploring novel business phenomena and dynamic processes.FindingsResults suggested that a KINV can adopt strategies to build a unique identity and so better conform to the expectations of institutions that ultimately decide on patent validity. Strategies may involve building institutional awareness, amplifying mass media effects, and strategically managing the intellectual property and socio-emotional tensions between China and the US.Originality/valueThis study introduced the notion of patent uncertainty into research around international new ventures, highlighting how this type of uncertainty in the advanced technology sector can affect the end-product and patent licensing opportunities of KINVs. It also explored the institution-based view of company strategy in the internationalization process by emphasizing interactive institutional mechanisms, and the role of an organization’s identity when interacting with institutions. The study enriches the literature on institutional theory and organizational identity, and also suggests solutions for firms dealing with efforts by competitors to invalidate patents.

The Assessment of Patent Validity by the Unified Patent Court

The Assessment of Patent Validity by the Unified Patent Court

RFID Tags for On-Metal Applications: A Brief Survey

Radio-frequency identification technology finds extensive use in various industrial applications, including those involving metallic surfaces. The integration of radio-frequency identification systems with metal surfaces, such as those found in the automotive sector, presents distinct challenges that can notably affect system efficacy due to metal’s tendency to reflect electromagnetic waves, thus degrading the functionality of conventional radio-frequency identification tags. This highlights the importance of conducting research into academic publications and patents to grasp the current advancements and challenges in this field, aiming to improve the applications of radio-frequency identification tags technology on metal. Consequently, this research undertakes a concise review of both the literature and patents exploring radio-frequency identification technology’s use for on-metal tags, utilizing resources like Google Scholar and Google Patents. The research categorized crucial aspects such as tag flexibility, operating frequency, and geographic origins of the research. Findings highlight China’s prominent role in contributing to metal-focused radio-frequency identification tag research, with a considerable volume of articles and patents. In particular, flexible tags and the Ultra-High Frequency range are dominant in both scholarly and patent documents, reflecting their significance in radio-frequency identification technology applications. The research underscores a vibrant area of development within radio-frequency identification technology, with continued innovation driven by specific industrial needs. Despite the noted advances, the presence of a significant percentage of no longer valid patents suggests substantial opportunities for further research and innovation in radio-frequency identification technology for on-metal applications, especially considering the demand for flexible tags and for solutions in systems that offer specialized characteristics or are tailored for specific uses.

ANALYSIS OF THE STATE OF INNOVATIVE SOLUTIONS IN THE FIELD OF PROSTHETICS

Purpose. The purpose of the article is to determine the state of innovative solutions for prosthetics technologies, in particular using 3D printing, in Ukraine and the world, based on the patent information search. Methodology of research. The abstract and logical method was used to achieve this goal in aim to develop the needs and status of innovative solutions in the field of prosthetics; comparative and economic method - to analyse the domestic and world experience of introducing innovative products in the field of prosthetics; statistical analysis and generalization - to conduct a patent information search and formulate the relevant conclusions of the study. Findings. The article analyses the prosthetics and rehabilitation industry in Ukraine and the world, defines the landscape and analyses the needs to meet the market of a new industry sector for Ukraine. Based on the patent information research conducted according to the formed search query, the results show that the dynamics of patenting prosthetic technologies in the world is positive and has peaked in recent years. The companies that occupy a leading role in the prosthetics market are identified and their quantitative patent portfolios are visualized. The number of patents related to the use of new 3D printing technologies was determined by a refined search query. A separate search and analysis of patent solutions in Ukraine was carried out, which shows the absence of valid patents for industrial property rights in the field of prosthetics, which is a negative factor for prosthetic companies, people who need prosthetics and the innovation ecosystem of Ukraine in general. Originality. The practical and methodological foundations for the development of the prosthetic industry in Ukraine, the actualization of the creation of competitive prosthetic solutions, which should be acquired as objects of intellectual property rights, are substantiated, and recommendations for the development of new technologies in Ukraine through the system of RnD centres are provided. Practical value. The results of the conducted patent information research can be used in planning strategies for the creation of intellectual property rights, in finding partners from other countries for the exchange of experience and potential cooperation, and in determining the state of the art of innovative technologies in general. As a way to improve the quality of products of prosthetic enterprises and the possibility of wide scaling of technologies, it is proposed to create RnD centres where it will be possible to create a prototype and test it before production. Faster delivery of a new result will help many people to receive high-quality prostheses, which is directly related to the quality of their lives. Key words: innovation, patent, enterprise, prosthesis, additive technologies, RnD centre.

Technological Composition and Innovation Factors in Inventive Yangtze River Delta: Evidence from Patent Inventions

Patents as proxy for technological trends is well noted. The rapid increase of patents in China, however, has aroused debates on its technological progress: ‘few original innovations’ are produced in advanced areas, and true ‘breakthroughs’ are disproportionate to the quantity of the applications. As different technological fields contributions vary to technological progress, a nuanced understanding towards technological composition is in need to help reveal China’s strength in technological innovation. This research takes the Yangtze River Delta (YRD), one of China’s most inventive city-regions, as an epitome to examine the issue via three steps: (1) valid patent inventions applied from 2010 to 2018 are sorted to capture the concentration and colocation features of 35 technological fields defined by the World Intellectual Property Organization (WIPO); (2) four types (intensive, extensive, distinctive, and supportive) of technologies exemplifying technology intensity and interactivity are identified by the cross-classification method and further analyzed by spatial autocorrelation; (3) how urban factors relate to innovation of these four types of technologies are explored. This research unveils a mixed but polarized structure of technological composition in the YRD where the spatial concentration of technologies is as analogous to the nation’s but colocation is not; though quite a few technologies fall into the intensive (usually high-tech) category which assumes to be more likely to breed ‘breakthroughs’, their numbers are limited and far less than extensive (usually labor intensive) or supportive. Knowledge exchange is frequent in core inventive cities where economic performance measured by GDP is most eminently linked to patent inventions of categorized technologies, the exception is intensive technology for which the significance of university students overrides other factors.

Patents and unjustified threats—Legal solutions in Australia

AbstractWhile intellectual property laws protect rights holders from infringement of their intellectual property, these laws also protect against abuse of those rights where rights holders unjustifiably threaten competitors with infringement proceedings. The introduction of additional damages for flagrant unjustified threats under the recent Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) may benefit an alleged infringer who is not found to have infringed a valid patent. In particular, new section 128(1A) to the Patents Act 1990 allows additional damages to be awarded against a person for making blatant unjustified threats of infringing a patent. In cases where it is difficult to determine the loss and ordinary damages cannot be awarded, a court could award a nominal amount in compensation, but the difficulty lies in whether, in some cases, damages can be awarded at all. This raises the need to consider other legal avenues to address the issue of unjustified threats relating to patented inventions. In this paper we have identified four such other legal avenues being: specific provisions of the Australian Consumer Law; the misuse of market power provisions in s 46 Competition and Consumer Act 2010 (Cth); the duty of care and diligence in s 180 Corporations Act 2001 (Cth); and the law of joint tortfeasorship. Each of these potential legal solutions will be examined in turn however a comparison of remedies, or interactions with the laws of evidence, and exploration of costs are beyond the scope of this analysis. Further while we acknowledge that other Australian legislation provides a cause of action arising from the making of unjustifiable threats, such as in the Copyright Act 1968, the Trade Marks Act 1995, the Designs Act 2003 and the Circuit Layouts Act 1986, this paper is focused on the Patents Act 1990 only.

Detecting unexpected growths in health technologies expenditures: the case of MIPRES in Colombia

We developed an algorithm to explore unexpected growth in the usage and costs of health technologies. We exploit data from the expenditures on technologies funded by the Colombian government under the compulsory insurance system, where all prescriptions for technologies not included in an explicit list must be registered in a centralized information system, covering the period from 2017 to 2022. The algorithm consists of two steps: an outlier detection method based on the density of the expenditures for selecting a first set of technologies to consider (39 technologies out of 106,957), and two anomaly detection models for time series to determine which insurance companies, health providers, and regions have the most notorious increases. We have found that most medicines associated with atypical behavior and significant monetary growth could be linked to the use of recently introduced drugs in the market. These drugs have valid patents and very specific clinical indications, often involving high-cost pharmacological treatments. The most relevant case is the Burosumab, approved in 2018 to treat a rare genetic disorder affecting skeletal growth. Secondly, there is clear evidence of anomalous increasing trend evolutions in the identified enteral nutritional support supplements or Food for Special Medical Purposes. The health system did not purchase these products before July 2021, but in 2022 they represented more than 500,000 USD per month.

(Invited) The Importance of Patent Claim Language on the Path from Invention to Product

Patents often offer significant competitive advantage for inventions on the path from discovery to product. Specifically, the inventors/owners of a patent are given the right to prevent other parties from making, using or selling the subject invention. The claims of the patent define the scope of competitive advantage for the subject invention. Regarding patents,[1] “...the name of the game is the claim.” The wording of claims has been called,[2] “...one of the most bizarre sentence structures in the English language.” And, the courts have noted that,[3] “...the nature of language makes it impossible to capture the essence of a thing[invention] in a patent application[claim].” Consequently, electrochemical scientists, engineers and technologists involved in transitioning discoveries to product are well advised to understand the meaning and scope of the claims in their patented inventions.In this presentation, we will compare and contrast claims as analogous to real estate property. We will provide a brief history of U.S. patent law in terms of the requirements of claims in a patent application. We will review claim construction, i.e., establishing the meaning and scope of an invention, beginning with the inventor internal Invention Disclosure, the preparation of the patent application with a patent attorney, and the examination of the patent application by the U.S. Patent & Trademark Office. Once the patent application is allowed and issues as a patent, the meaning and scope of the claim is settled, unless the patent becomes the subject of a patent validity or infringement challenge.During patent infringement challenges, the meaning and scope of the patent claims are determined in order to decide if the patent is valid and/or if infringement has occurred. We will review the rationale and evolution of claim construction from a factual inquiry by juries to a matter of law determined by the courts. We will present the hierarchy of factors used by the courts during claim construction.Finally, we will conclude the presentation with a brief review of claim construction during a lithium battery infringement case.[4] We conclude the inventor can play a significant role in claim construction with the initial preparation of the internal Invention Disclosure, the preparation of the patent application with a patent professional, and during the examination of the patent application by the U.S. Patent & Trademark Office. Acknowledgements: The financial support of Faraday Technology, Inc. corporate R&D is gratefully acknowledged.

Biomimicry Industry and Patent Trends.

This study examines the current technological level and industrial/technical trends in the field of biomimicry technology, as well as recent technological and research and development trends. Patent analysis was conducted, focusing on technology that uses design elements and biological/ecological characteristics to provide solutions to technological problems. The technological scope of the analysis included the field of technologies and materials that apply to the conditions found in ecology, as well as robot machines and devices designed to mimic certain animals and ecological elements. The search for patents was conducted in Korea, the United States, Japan, and Europe from 1975 to 2021, resulting in a total of 8278 raw data cases, from which 940 valid patents were selected. The percentage of patent document and the status of both domestic and foreign applicants varied among the countries of Korea, the United States, Japan, and Europe. Based on the results of the patent analysis, it was found that biomimicry technology is in a growth phase that is expected to continue in the future and that Korea and the United States are leading the development of this technology.

Measuring Patent Similarity Based on Text Mining and Image Recognition

Patent application is one of the important ways to protect innovation achievements that have great commercial value for enterprises; it is the initial step for enterprises to set the business development track, as well as a powerful means to protect their core competitiveness. The emergence of a large amount of patent data makes the effective detection of patent data difficult, and patent infringement cases occur frequently. Manual measurement in patent detection is slow, costly, and subjective, and can only play an auxiliary role in measuring the validity of patents. Protecting the inventive achievements of patent holders and realizing more accurate and effective patent detection were the issues explored by academics. There are five main methods to measure patent similarity: clustering-based method, vector space model (VSM)-based method, subject–action–object (SAO) structure-based method, deep learning-based method, and patent structure-based method. To solve this problem, this paper proposes a calculation method to fuse the similarity of patent text and image. Firstly, the SAO structure extraction technique is used for the patent text to obtain the effective content of the text, and the SAO structure is compared for similarity; secondly, the patent image information is extracted and compared; finally, the patent similarity is obtained by fusing the two aspects of information. The feasibility and effectiveness of the scheme are proven by studying a large number of patent similarity cases in the field of mechanical structures.

The perception of corporate innovation and credit spreads in emerging markets: evidence from China

ABSTRACT This article is an examination of how investors in the corporate bond market in emerging economies react to patents. To empirically explore this question, we constructed a sample of 1862 Chinese corporate bonds issued between 2004 and 2020 and gathered data on Chinese domestic patents, reverse innovation patents, and the validity of patents. The empirical results suggest that domestic patents are the primary source of information for bond investors in China when evaluating corporate innovation and that investors can successfully discern between patents that are valid and those that are not. At the same time, the positive relationship between corporate innovation and bond prices is found to be negatively moderated by credit ratings and state ownership.

Role of open innovation and patents on strategic decision making

AbstractThe fourth industrial revolution, as it is popularly known, is transforming the overall ecosystem of business and is swiftly affecting the structure of organizations with respect to their working strategy. It is leading to enhanced collaboration and cross‐application of center‐specific fundamentals across various industries. As a result, collaboration and cross‐licensing of technologies have become the norm rather than an exception. Open innovation, therefore, plays a critical role in various horizontal applications of industry‐specific concepts. As a result, choices such as “keep or sell” or “make or buy” research and development (R&D) supplies have become extremely critical and significant. Therefore, patent‐based research is required as an enabling tool for assisting research on an open innovation‐based approach. This article projects an in‐depth review of the research articles related to various aspects of open innovation and patents and their overall impact on firm performance. This article also suggests an open innovation model that cumulates the role of patents and institutional participation with a focus on firm performance. The impact of open innovation on firm performance is evaluated with respect to variables on market positioning, R&D capacity building with respect to technology lifecycle, the impact of intellectual property, for instance, the existence of valid patents and know‐how, and the process of acquisition of technologies by such organizations.

Validity of Brazilian Patents for Imported Pesticides for Use on Soybean and Sugarcane

Pesticides are designed to protect crops against pests and thereby ensure good harvests. Brazil is a major producer of soybean and sugarcane, competing with the USA on the world market. However, Brazil’s dependency on agricultural pesticides is very high. The aim of the research was to identify the pesticides most imported to Brazil for use on soybean and sugarcane, as well as whether or not the technology is patent-protected in Brazil. The Derwent Innovations Index database was accessed to survey the world's patent filings for insecticides, fungicides and herbicides.The Merck Index was used to identify the numbers of the priority patent applications for each of the pesticides. The Espacenet database was used for identification to patent family. The database of the Brazilian patent office, Instituto Nacional da Propriedade Industrial (INPI), was accessed to consult the patent were still valid or had already expired. An analysis of the data reveals that many of the pesticides used on Brazilian crops were patented over 30 years ago. This study found that 84% of the pesticides imported to Brazil can be used on soybean and sugarcane. Although most of these compounds are no longer protected by patents, the Brazilian market is still dominated by their original manufacturers.

Round-up of English patent litigation in 2022

... After the bumper year of 2021 in terms of the number of patent trials in the English courts, 2022 saw a slight easing off in the level of trial activity, at least in terms of determinations as to patent validity and infringement.1 2022 saw, at first instance, in inter partes proceedings in which patent infringement and/or validity was in issue, 16 final decisions in the Patents Court and one in the Intellectual Property Enterprise Court concerning in total 27 patents. The validity of all but two2 of these patents was challenged, successfully so in respect of 18 of them, but infringement was in issue in respect of only 15 patents, of which only five were held to be not infringed at all. Of the 18 patents held to be invalid, 15 were held to be obvious,3 one anticipated and one insufficient. The patentee prevailed, in whole or in part, in relation to seven patents, all of which survived challenges to validity and all of which were held to be infringed, at least in relation to some of the products or processes in issue, apart from four where infringement was admitted.

Low-carbon electricity technology transformation in Chinese universities

Purpose With the growing climate problem, it has become a consensus to develop low-carbon technologies to reduce emissions. Electric industry is a major carbon-emitting industry, accounting for 35% of global carbon emissions. Universities, as an important patent application sector in China, promote their patent application and transformation to enhance Chinese technological innovation capability. This study aims to analyze low-carbon electricity technology transformation in Chinese universities. Design/methodology/approach This paper uses IncoPat to collect patent data. The trend of low-carbon electricity technology patent applications in Chinese universities, the status, patent technology distribution, patent transformation status and patent transformation path of valid patent is analyzed. Findings Low-carbon electricity technology in Chinese universities has been promoted, and the number of patents has shown rapid growth. Invention patents proportion is increasing, and the transformation has become increasingly active. Low-carbon electricity technology in Chinese universities is mainly concentrated in individual cooperative patent classification (CPC) classification numbers, and innovative technologies will be an important development for electric reduction. Originality/value This paper innovatively uses valid patents to study the development of low-carbon electricity technology in Chinese universities, and defines low-carbon technology patents by CPC patent classification system. A new attempt focuses on the development status and direction in low-carbon electricity technology in Chinese universities, and highlights the contribution of valid patents to patent value.

Становлення та розвиток законодавчого регулювання промислових зразків як об'єктів інтелектуальної власності в Україні

The article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine "On the Protection of Rights to Industrial Designs" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determined by the adoption of the Civil Code of Ukraine in 2003, in connection with this, many legislative provisions were significantly improved, which subsequently operated for about 20 years. It was established that the main legislative innovations (2003) were as follows: the conditions of patentability were changed, the novelty content of an industrial design was improved, the procedure for conducting an examination of an application was changed, the procedure for the publication of the grant of a patent and patent registration was improved, the procedure for appealing the decision of the patent office on an application for an industrial design was changed, the legal norms regarding the use of an industrial design, the termination of patent validity, and the protection of rights to industrial designs have been improved. It was established that the third stage regarding the development of legislation on industrial designs began in 2014 (signing of the Association Agreement between Ukraine and the EU) and continues to this day. It has been established that the Association Agreement between Ukraine and the EU contains a large Section on intellectual property, several articles are devoted to industrial designs (Articles 212 - 218). It is substantiated that these articles laid the foundation for the future reform of the legislation of Ukraine on industrial designs, which took place only in 2020. It has been proven that, as of today, the legislation of Ukraine regarding industrial property in general, and regarding industrial designs in particular, is as close as possible to EU standards in this area, and is able to properly regulate relations.

Comparative Analysis of Beauty Application Technologies in the 4th Industrial Revolution

In beauty industry, customer experiences and satisfaction have been enhanced, using augmented reality (AR) and virtual reality (VR) technology-based contents, services and products which have led the market trend in the era of the Fourth Industrial Revolution. Under these circumstances, beauty technology have evolved in diverse forms such as beauty application, beauty platform and beauty device. In beauty application, in particular, virtual experience technology/diagnosis solution services, an artificial intelligence (AI)/AR-based customized diagnosis platform and a cosmetic information platform have been provided in a smartphone app form. As a result, they have improved convenience and access to information and satisfied consumer needs for information verification and reduction of transaction costs after increase in the amount of online information due to the popularity of digital platforms and social media. Therefore, this study investigated beauty application-related pending and registered patents from 2000 to 2022. After selecting 394 valid patents, patent trends by application year, patent trends by country/year were analyzed in both qualitative and quantitative aspects. This study also examined 5 core patents concerning skincare which has been most active in domestic beauty application technologies.

It’s Unfair! Non-price Exploitation in ICT Patents Licenses

This paper analyses controversial patent licensing conditions in the Information Communication Technology (ICT) sector as “unfair trading conditions” under Art. 102(a) TFEU. It argues that the application of the Technology Transfer Block Exemption Regulation does not prevent the assessment of patent licensing conditions under Art. 102 if the licensor is dominant in the market. Hence, the article examines four categories of controversial licensing conditions in the light of the case law of the Court of Justice of the European Union under Art. 102(a): grant-back clauses, no-challenge clauses, portfolio-wide licenses, and contract term decoupled from patent validity. Developing old precedents in new application cases, the abuse-of-dominance analysis finds that each license clause is capable of anti-competitive exploitative effects, as much as offsetting justifications. As a result, the qualification of any such clause as “unfair” needs a case-by-case approach considering the overall content of the ICT patent licensing agreement. Whether the overall efficiencies outweigh the anti-competitive effects is always a question of degree. Nonetheless, this article contributes to legal predictability by identifying the opposing economic arguments of dominant patent licensors and complaining licensees. It concludes that both parties have strings to their bows.

Patent Validity and Litigation: Evidence from US Inter Partes Review

Patent Validity and Litigation: Evidence from US Inter Partes Review