I. An overview In the patent system of the civil law countries, the utility model patent, also known as the "petty invention", is granted to protect petty inventions that are not highly inventive, but very u...I. An overview In the patent system of the civil law countries, the utility model patent, also known as the "petty invention", is granted to protect petty inventions that are not highly inventive, but very useful. For example, in the patent systems in Germany and Japan1 can be found provisions concerning utility model patent. After the patent system was launched in China's Mainland on 1 April 1985, the utility model patent is well received by the industry thanks to the adoption of the "preliminary examinat...展开更多
With retrieving the granted patents in 2002-2011 in Donghua University (DHU), the authorized invention patent distribution among colleges and subjects is introduced in this paper, based on the recorded patent database...With retrieving the granted patents in 2002-2011 in Donghua University (DHU), the authorized invention patent distribution among colleges and subjects is introduced in this paper, based on the recorded patent database of the China State Intellectual Property Office. This paper can provide useful experiences in the discipline construction, benefiting the characteristics disciplines industry group and multidisciplinary infiltration and research cooperation. In addition, it encourages teachers and students to get more intellectual property rights for schools and improves the overall strength of the university.展开更多
Purpose:This research proposes a patent portfolio analysis model based on the legal status information to chart out a competitive landscape in a particular field,enabling organizations to position themselves within th...Purpose:This research proposes a patent portfolio analysis model based on the legal status information to chart out a competitive landscape in a particular field,enabling organizations to position themselves within the overall technology landscape.Design/methodology/approach:Three indicators were selected for the proposed model:Patent grant rate,valid patents rate and patent maintenance period.The model uses legal status information to perform a qualitative evaluation of relative values of the individual patents,countries or regions’ technological capabilities and competitiveness of patent applicants.The results are visualized by a four-quadrant bubble chart To test the effectiveness of the model,it is used to present a competitive landscape in the lithium ion battery field.Findings:The model can be used to evaluate the values of the individual patents,highlight countries or regions’ positions in the field,and rank the competitiveness of patent applicants in the field.Research limitations:The model currently takes into consideration only three legal status indicators.It is actually feasible to introduce more indicators such as the reason for invalid patents and the distribution of patent maintenance time and associate them with those in the proposed model.Practical implications:Analysis of legal status information in combination of patent application information can help an organization to spot gaps in its patent claim coverage,as well as evaluate patent quality and maintenance situation of its granted patents.The study results can be used to support technology assessment,technology innovation and intellectual property management.Originality/value:Prior studies attempted to assess patent quality or competitiveness by using either single patent legal status indicator or comparative analysis of the impacts of each indicator.However,they are insufficient in presenting the combined effects of the evaluation indicators.Using our model,it appears possible to get a more complete and objective picture of the current competitive situation.展开更多
为了应对近年来专利大幅增长所带来的低质量专利问题,美国2011年修订通过《美国发明法案》(The Leahy-Smith America Invents Act,AIA),通过加强美国专利商标局行政无效专利的手段,提高专利授权质量。美国新的专利授权后行政审查机制主...为了应对近年来专利大幅增长所带来的低质量专利问题,美国2011年修订通过《美国发明法案》(The Leahy-Smith America Invents Act,AIA),通过加强美国专利商标局行政无效专利的手段,提高专利授权质量。美国新的专利授权后行政审查机制主要有三种:单方再审、双方复审和授权后复审。重点对授权后复审这一新的制度进行研究,并将其与欧盟专利异议制度进行比较,从而为我国专利无效制度的完善提供借鉴。展开更多
文摘I. An overview In the patent system of the civil law countries, the utility model patent, also known as the "petty invention", is granted to protect petty inventions that are not highly inventive, but very useful. For example, in the patent systems in Germany and Japan1 can be found provisions concerning utility model patent. After the patent system was launched in China's Mainland on 1 April 1985, the utility model patent is well received by the industry thanks to the adoption of the "preliminary examinat...
文摘With retrieving the granted patents in 2002-2011 in Donghua University (DHU), the authorized invention patent distribution among colleges and subjects is introduced in this paper, based on the recorded patent database of the China State Intellectual Property Office. This paper can provide useful experiences in the discipline construction, benefiting the characteristics disciplines industry group and multidisciplinary infiltration and research cooperation. In addition, it encourages teachers and students to get more intellectual property rights for schools and improves the overall strength of the university.
基金supported by the Chinese Academy of Sciences(Grant No.:Y110071001)
文摘Purpose:This research proposes a patent portfolio analysis model based on the legal status information to chart out a competitive landscape in a particular field,enabling organizations to position themselves within the overall technology landscape.Design/methodology/approach:Three indicators were selected for the proposed model:Patent grant rate,valid patents rate and patent maintenance period.The model uses legal status information to perform a qualitative evaluation of relative values of the individual patents,countries or regions’ technological capabilities and competitiveness of patent applicants.The results are visualized by a four-quadrant bubble chart To test the effectiveness of the model,it is used to present a competitive landscape in the lithium ion battery field.Findings:The model can be used to evaluate the values of the individual patents,highlight countries or regions’ positions in the field,and rank the competitiveness of patent applicants in the field.Research limitations:The model currently takes into consideration only three legal status indicators.It is actually feasible to introduce more indicators such as the reason for invalid patents and the distribution of patent maintenance time and associate them with those in the proposed model.Practical implications:Analysis of legal status information in combination of patent application information can help an organization to spot gaps in its patent claim coverage,as well as evaluate patent quality and maintenance situation of its granted patents.The study results can be used to support technology assessment,technology innovation and intellectual property management.Originality/value:Prior studies attempted to assess patent quality or competitiveness by using either single patent legal status indicator or comparative analysis of the impacts of each indicator.However,they are insufficient in presenting the combined effects of the evaluation indicators.Using our model,it appears possible to get a more complete and objective picture of the current competitive situation.
文摘为了应对近年来专利大幅增长所带来的低质量专利问题,美国2011年修订通过《美国发明法案》(The Leahy-Smith America Invents Act,AIA),通过加强美国专利商标局行政无效专利的手段,提高专利授权质量。美国新的专利授权后行政审查机制主要有三种:单方再审、双方复审和授权后复审。重点对授权后复审这一新的制度进行研究,并将其与欧盟专利异议制度进行比较,从而为我国专利无效制度的完善提供借鉴。
