The dissertation examines current European patent court system and the possibilities of its improvement. First of all it identifies main problems of the existing fragmented patent litigation and in response to those findings, examines possible solutions to the situation. First, it deals with the possibility of adopting certain measures to improve the current situation, while maintaining the current system, in which national courts remain competent in patent disputes. The second option is linked to the issue of creating new specialized European patent jurisdiction. Thus the dissertation chronologically analyses individual legislative proposals and documents on the creation of a specialized European patent court system at supranational (EU) and international level. Namely Community Patent Convention (1975), Protocol on Litigation to the Agreement relating to Community Patents (1989), draft EPLA (European Patent Litigation Agreement 2003), proposals on decisions establishing Community Patent Court (2003) and draft Agreement on the European and Community Patents Court (2009). Separate section is devoted to the most recent Agreement on Unified Patent Court opened only to EU Member States, which was signed early in 2013 by most of them. The main objective of the research is to answer the question whether...

The patent domain is a very important source of scientific information that is currently not used to its full potential. Searching for relevant patents is a complex task because the number of existing patents is very high and grows quickly, patent text is extremely complicated, and standard vocabulary is not used consistently or doesn’t even exist. As a consequence, pure keyword searches often fail to return satisfying results in the patent domain. Major companies employ patent professionals who are able to search patents effectively, but even they have to invest a lot of time and effort into their search. Academic scientists on the other hand do not have access to such resources and therefore often do not search patents at all, but they risk missing up-to-date information that will not be published in scientific publications until much later, if it is published at all. Document search on PubMed, the pre-eminent database for biomedical literature, relies on the annotation of its documents with relevant terms from the Medical Subject Headings ontology (MeSH) for improving recall through query expansion. Similarly, professional patent searches expand beyond keywords by including class codes from various patent classification systems. However, classification-based searches can only be performed effectively if the user has very detailed knowledge of the system, which is usually not the case for academic scientists. Consequently, we investigated methods to automatically identify relevant classes that can then be suggested to the user to expand their query. Since every patent is assigned at least one class code, it should be possible for these assignments to be used in a similar way as the MeSH annotations in PubMed. In order to develop a system for this task, it is necessary to have a good understanding of the properties of both classification systems. In order to gain such knowledge, we perform an in-depth comparative analysis of MeSH and the main patent classification system, the International Patent Classification (IPC). We investigate the hierarchical structures as well as the properties of the terms/classes respectively, and we compare the assignment of IPC codes to patents with the annotation of PubMed documents with MeSH terms. Our analysis shows that the hierarchies are structurally similar, but terms and annotations differ significantly. The most important differences concern the considerably higher complexity of the IPC class definitions compared to MeSH terms and the far lower number of class assignments to the average patent compared to the number of MeSH terms assigned to PubMed documents. As a result of these differences, problems are caused both for unexperienced patent searchers and professionals. On the one hand, the complex term system makes it very difficult for members of the former group to find any IPC classes that are relevant for their search task. On the other hand, the low number of IPC classes per patent points to incomplete class assignments by the patent office, therefore limiting the recall of the classification-based searches that are frequently performed by the latter group. We approach these problems from two directions: First, by automatically assigning additional patent classes to make up for the missing assignments, and second, by automatically retrieving relevant keywords and classes that are proposed to the user so they can expand their initial search. For the automated assignment of additional patent classes, we adapt an approach to the patent domain that was successfully used for the assignment of MeSH terms to PubMed abstracts. Each document is assigned a set of IPC classes by a large set of binary Maximum-Entropy classifiers. Our evaluation shows good performance by individual classifiers (precision/recall between 0:84 and 0:90), making the retrieval of additional relevant documents for specific IPC classes feasible. The assignment of additional classes to specific documents is more problematic, since the precision of our classifiers is not high enough to avoid false positives. However, we propose filtering methods that can help solve this problem. For the guided patent search, we demonstrate various methods to expand a user’s initial query. Our methods use both keywords and class codes that the user enters to retrieve additional relevant keywords and classes that are then suggested to the user. These additional query components are extracted from different sources such as patent text, IPC definitions, external vocabularies and co-occurrence data. The suggested expansions can help unexperienced users refine their queries with relevant IPC classes, and professionals can compose their complete query faster and more easily. We also present GoPatents, a patent retrieval prototype that incorporates some of our proposals and makes faceted browsing of a patent corpus possible.

The patent domain is a very important source of scientific information that is currently not used to its full potential. Searching for relevant patents is a complex task because the number of existing patents is very high and grows quickly, patent text is extremely complicated, and standard vocabulary is not used consistently or doesn’t even exist. As a consequence, pure keyword searches often fail to return satisfying results in the patent domain. Major companies employ patent professionals who are able to search patents effectively, but even they have to invest a lot of time and effort into their search. Academic scientists on the other hand do not have access to such resources and therefore often do not search patents at all, but they risk missing up-to-date information that will not be published in scientific publications until much later, if it is published at all. Document search on PubMed, the pre-eminent database for biomedical literature, relies on the annotation of its documents with relevant terms from the Medical Subject Headings ontology (MeSH) for improving recall through query expansion. Similarly, professional patent searches expand beyond keywords by including class codes from various patent classification systems. However, classification-based searches can only be performed effectively if the user has very detailed knowledge of the system, which is usually not the case for academic scientists. Consequently, we investigated methods to automatically identify relevant classes that can then be suggested to the user to expand their query. Since every patent is assigned at least one class code, it should be possible for these assignments to be used in a similar way as the MeSH annotations in PubMed. In order to develop a system for this task, it is necessary to have a good understanding of the properties of both classification systems. In order to gain such knowledge, we perform an in-depth comparative analysis of MeSH and the main patent classification system, the International Patent Classification (IPC). We investigate the hierarchical structures as well as the properties of the terms/classes respectively, and we compare the assignment of IPC codes to patents with the annotation of PubMed documents with MeSH terms. Our analysis shows that the hierarchies are structurally similar, but terms and annotations differ significantly. The most important differences concern the considerably higher complexity of the IPC class definitions compared to MeSH terms and the far lower number of class assignments to the average patent compared to the number of MeSH terms assigned to PubMed documents. As a result of these differences, problems are caused both for unexperienced patent searchers and professionals. On the one hand, the complex term system makes it very difficult for members of the former group to find any IPC classes that are relevant for their search task. On the other hand, the low number of IPC classes per patent points to incomplete class assignments by the patent office, therefore limiting the recall of the classification-based searches that are frequently performed by the latter group. We approach these problems from two directions: First, by automatically assigning additional patent classes to make up for the missing assignments, and second, by automatically retrieving relevant keywords and classes that are proposed to the user so they can expand their initial search. For the automated assignment of additional patent classes, we adapt an approach to the patent domain that was successfully used for the assignment of MeSH terms to PubMed abstracts. Each document is assigned a set of IPC classes by a large set of binary Maximum-Entropy classifiers. Our evaluation shows good performance by individual classifiers (precision/recall between 0:84 and 0:90), making the retrieval of additional relevant documents for specific IPC classes feasible. The assignment of additional classes to specific documents is more problematic, since the precision of our classifiers is not high enough to avoid false positives. However, we propose filtering methods that can help solve this problem. For the guided patent search, we demonstrate various methods to expand a user’s initial query. Our methods use both keywords and class codes that the user enters to retrieve additional relevant keywords and classes that are then suggested to the user. These additional query components are extracted from different sources such as patent text, IPC definitions, external vocabularies and co-occurrence data. The suggested expansions can help unexperienced users refine their queries with relevant IPC classes, and professionals can compose their complete query faster and more easily. We also present GoPatents, a patent retrieval prototype that incorporates some of our proposals and makes faceted browsing of a patent corpus possible.

No abstract available / Mercantile Law / M. A. (Mercantile Law)

由於專利權對企業的生存與發展，具有愈來愈重要的影響，因此企業如何經營管理專利權自然成為企業決策人員一項重要的思考因素。本研究的架構係先定義了管理的意義和目的，並說明有關之管理機能及企業機能，和如何應用管理活動落實於各企業部門的各項制度中；然後再簡介專利的意義，專利管理的目的和相關的管理活動，以及專利制度為賦予發明人獨佔權力的法律規定，雖然世界各國的專利制度因該國專利發展情況不同而有所差異，但在資訊流通快速的今日，亦藉由如WIPO等世界性組織，來規範各國專利制度的一致性。在此專利權的獨佔權力和專利制度的保障及規則下，各型企業乃可藉由各項專利管理的活動，包括發掘企業內具有專利價值之發明並提出申請，與研發工作的配合，專利資訊之收集與強化，專利權之維護與活用，因應其他公司專利之對策，國際化專利管理，以及智慧財產權之綜合管理等活動，將專利制度所賦予之獨佔權力，由無形的資產，轉變為對公司在經營上可以利用資源，應用在研發、生產，行銷等企業機能的活動上，配合各項有效的專利管理制度之實施，而幫助公司取得各方面的競爭力量，以佔領市場，得到最大的利益，此亦為企業經營的重要目的，即專利管理的目標在於為公司增加利潤者。這些專利管理活動的應用，在相輔相成的專利管理制度來落實，使公司在有規劃的系統中進行及推動所有的專利活動，因此公司必須考量本身的型態，規模和背景，以先建立專利部門組織的定位和組織結構，並且制訂完整性的各項必備的基本專利管理制度，包括提案及獎勵制度，智慧財產權相關之資訊諮詢制度，專利資訊蒐集制度和專利申請評估制度，和完備的網路通訊及監測制度等等；運用這些有系統的管理制度，形成公司的運作及指導之動力，才能推動所有的專利活動，並且真正的將專利權從無形資產轉變為有形資源，為公司提昇競爭力以及創造利潤。

This thesis analyzes Turkey&rsquo / s integration to European Patent System with special reference to the role of Small and Medium-Sized Enterprises (SMEs) within this process. The main purpose is to understand the position of SMEs in Turkey within the industrial property (IP) system in general, patent system in particular, as their effective usage of the IP system is crucial in terms of proper integration of Turkey into the European Patent System. In this respect, the thesis aims to answer two basic questions, namely, &ldquo / What is the role of SMEs within the process of Turkey&rsquo / s integration to European Patent System&rdquo / and &ldquo / How can a more effective use of patent system by the SMEs in Turkey be achieved?&rdquo / Within this framework, a field research was conducted in three different industrial areas in Ankara with 136 SMEs active in manufacturing industry. Within the scope of the field research, it was tried to measure the R&amp / D capacity as well as the extent to which the industrial property system, especially the patent system, in Turkey is effectively used by the participant firms. According to the results of the field research, some proposals were tried to be put forward in terms of the achievement of a more effective use of the industrial property system in general, patent system in particular, by the SMEs in Turkey.

No abstract available / Mercantile Law / LL. B.

Samhället utvecklas snabbt med avseende på teknik där patent utgör en viktig del. Att söka patent på en uppfinning eller inte, är ett strategiskt beslut. Det krävs ett omfattande analysarbete för att uppnå ett effektivt patent och för att undvika misstag. Idag är kunskapen om patent bland innovatörer inte tillräckligt hög och en högskoleutbildning för patentingenjörer saknas. I denna rapport undersöks produktframtagning med avseende på patent. Arbetet utgör en analys och jämförelse mellan litteratur och praktik där intervjustudie med intervjuguide och kodning tillämpats. Deltagare i studien har varit stora företag med omfattande och lång erfarenhet inom patent. De motiv och fördelar med att söka patent som framkom är följande: ● Uppnå ensamrätt till försäljning och tillverkning ● Förhindra kopiering och imitation ● Alstra kompetensutbyte med konkurrenter ● Öka inkomster genom monopol på marknaden samt licensiering eller försäljning av patentportföljer ● Möjliggöra samarbeten ● Uppmuntra intern utveckling genom målsättningar kring antal patent per år ● Uppnå förbättrad image och möjlighet att attrahera kompetent personal Till skillnad från dessa fördelar finns även två genomgående nackdelar: enkelhet att kringgå patent, liksom förändringar i vår omvärld, vilka kan vara svårt att förutse vid ansökningsdatumet och kan därmed påverka framtida inkomster. Ytterligare nackdelar finns och kan sammanfattas under rubriken kostnader. Dessa gäller både stora och små företag, men de mindre påverkas mer procentuellt sett och misstag kan resultera i mer allvarliga ekonomiska konsekvenser. Slutligen belyser rapporten ett antal aspekter som bör beaktas innan man ansöker om patent för att uppnå en hög effektivitet hos patentet som verktyg inom produktframtagning. / Society is developing rapidly in terms of technology, where patents are an important part. Applying for a patent on an invention or not, is a strategic decision. Extensive analytical work is required to achieve an effective patent and to avoid mistakes. Today knowledge about patents among innovators is not high enough and a university degree for patent engineers is lacking. This report examines product development regarding patents. The work is an analysis and comparison between literature and practice, where an interview study with an interview guide and coding has been applied. Participants in the study are large companies that have deep and long experience in patents. A number of motives and benefits of applying for a patent are to: ● Achieve exclusive sales and manufacturing rights ● Prevent copying and imitation ● Generate skills exchange with competitors ● Increase income through monopoly on the market as well as licensing or selling patent portfolios ● Enable collaborations ● Encourage internal development through targets for the number of patent applications per year ● Achieve an increased image and the opportunity to attract competent staff In contrast to these advantages, there are also two general disadvantages: simplicity in circumventing patents, as well as changes in our environment, which can be difficult to predict on the application date and can thus affect future income. Additional disadvantages exist and they can be gathered under the headline costs. These apply to both large and small companies, but for the smaller companies high costs have a greater impact and mistakes can lead to more severe financial consequences.

published_or_final_version / Chinese / Master / Master of Philosophy

Around the world, knowledge and technology transfer have moved to the forefront of attention in economic, social and industrial policy. As the origins of future development increasingly derives from innovation, attention is paid more and more to non-traditional sources that have the potential to become the basis for creation of new businesses or the catalyser for the rejuvenation of old ones. Among those sources, we find university. These last years, academic patents have been one of the emerging phenomena witnessing the growing evolvement of university in the innovation process. The aim of this doctoral dissertation is to analyse the transfer of technology from university to industry through the analysis of patents. This work pursuits a threefold approach. First, it intends to analyse which characteristics determine the propensity of a university to get involved in technology transfer and more specifically to apply for a patent. Second, it disentangles the underlining value determinants of the patents to decode the value of academic patents and to identify the research processes that are leading to the most valuable inventions. Finally, it investigates the relevancy of academic patenting for innovation in general and wonders if on the long run, such practices could put innovation at risk.