scholarly journals A study on the specification of declaration target invention in patent scope declaration trial

2019 ◽  
Vol 14 (3) ◽  
pp. 1-42
Author(s):  
Byungwoong Yim ◽  
Sunhee Yun
Keyword(s):  
2020 ◽  
Vol 36 (4) ◽  
pp. 1-3
Author(s):  
Mayuree Sengupta

Purpose The article examines strategically directing the breadth of scope of a patent and hazards of litigation vis-à-vis the length of claims for innovating firms. Design/methodology/approach This paper enumerates latest literature on assessing patent scope and hence protection afforded to firm innovations. Based on prior research findings, this paper proposes to maintain a balanced and nuanced approach to claim drafting to assure grant of patent while minimizing litigation threats. Findings To strategically manage patent grant and minimize litigation threat, firms would better take a leaf out of academic discourse and streamline claim drafting – not too wide to earn an examiner’s ire and not too narrow to let an infringer bypass by. Unlike smaller firms or universities, big firms are less likely to renew a patent with less scope. Research limitations/implications The study sample in contemporary literature is exclusive to patents from US Patent and Trademark Office. Whether the same result will be replicated for diverse countries is uncertain. Practical implications The understanding that patent scope not only influences grant chances but also is an indicator of future litigation threat can help patent practitioners and innovating firms in strategically directing the patent. Originality/value The paper draws from the findings of three well-articulated recent research papers. The paper’s originality and value is in providing practical insights on how to perfect patent scope in a real world based on academic discourse.


2009 ◽  
Vol 84 (1) ◽  
pp. 265-275 ◽  
Author(s):  
Jennifer H. Chen ◽  
Show-Ling Jang ◽  
Sonya H. Wen

2018 ◽  
Vol 27 (3) ◽  
pp. 607-625
Author(s):  
Yoshimi Okada ◽  
Yusuke Naito ◽  
Sadao Nagaoka
Keyword(s):  

2019 ◽  
Vol 75 (4) ◽  
pp. 750-772 ◽  
Author(s):  
Claudia Donato ◽  
Paolo Lo Giudice ◽  
Roberta Marretta ◽  
Domenico Ursino ◽  
Luca Virgili

Purpose The development of innovations in all the research and development (R&D) fields is leading to a huge increase of patent data. Therefore, it is reasonable to foresee that, in the next future, Big Data-centered techniques will be compulsory to fully exploit the potential of this kind of data. In this context, network analysis-based approaches are extremely promising. The purpose of this paper is to provide a contribution to this setting. In fact, the authors propose a well-tailored centrality measure for evaluating patents and their citations. Design/methodology/approach The authors preliminarily introduce a suitable support directed network representing patents and their citations. After this, the authors present the centrality measures, namely, “Naive Patent Degree” and “Refined Patent Degree.’” Then, the authors show why they are well tailored to capture the specificities of the patent scenario and why classical centrality measure fails to fully reach this purpose. Findings The authors present three possible applications of the measures, namely: the computation of a patent “scope” allowing the evaluation of the width and the strength of the influence of a patent on a given R&D field; the computation of a patent lifecycle; and the detection of the so-called “power patents,” i.e., the most relevant patents, and the investigation of the importance, for a patent, to be cited by a power patent. Originality/value None of the approaches proposing the application of centrality measures to patent citation networks consider the main peculiarity of this scenario, i.e., that, if a patent pi cites a patent pj, then the value of pi decreases. So, differently from classical scientific paper citation scenario, in this one performing a citation has a cost for the citing entity. This fact is not considered by all the approaches conceived to investigate paper citations. Nevertheless, this feature represents the core of patent citation scenario. The approach has been explicitly conceived to capture this feature.


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