특허권 관리회사(Patent Troll)의 현황과 적법성에 관한 연구
A Study on the Present State and Lawful Characteristic of the Patent Management Company (Patent Troll)
배진용(특허청)
25호, 29~84쪽
초록
Technological innovation or invention is one of the most important driving forces of the economic growth recently. The patent system is an institutional foundation to promote these activities of the company. Because the science technology of the company became an important factor which determines its competitiveness, the patent infringement disputes concerning high-technology industries frequently occur in recent years. The Patent Management Company(Patent Troll) gets the immense profits raising legal patent suits since 2000. The Patent Management Company (Patent Troll) employs some inventors, technical experts, and lawyers for its purpose. However, it does not found manufacturing factory or business system. The Patent Management Company (Patent Troll) made technical wall and technical net using a lot of patent application. In addition, it takes the patent of small or medium enterprises and inventors into its side. The Patent Troll take strong interest in the IT(information technology) and BT(biological technology) field. At first, the Patent Troll institute a lawsuit against the highest enterprise(ex Nokia, Samsung etc) of the field. And then, the rest enterprises cannot but adopt the proposal of the Patent Troll. This thesis indicates the background of the advent of the Patent Management Company(Patent Troll) and main status of application, registration, lawsuit strategy, and main patent of it. (Focused on InterDigital, NPT, Forgent Networks, Intellectual Ventures, Acacia Research, Ocean Tomo, Mercexchange, and BTG Patent Management Company) Also, this study analyzes the Lawful Characteristic of the Patent Management Company(Patent Troll). The first problem of the Patent Management Company(Patent Troll) is that it would restrict the fair competition and trade. The second problem is that it would delay the use and development of technology. The third problem is that there would be many good victims.
Abstract
Technological innovation or invention is one of the most important driving forces of the economic growth recently. The patent system is an institutional foundation to promote these activities of the company. Because the science technology of the company became an important factor which determines its competitiveness, the patent infringement disputes concerning high-technology industries frequently occur in recent years. The Patent Management Company(Patent Troll) gets the immense profits raising legal patent suits since 2000. The Patent Management Company (Patent Troll) employs some inventors, technical experts, and lawyers for its purpose. However, it does not found manufacturing factory or business system. The Patent Management Company (Patent Troll) made technical wall and technical net using a lot of patent application. In addition, it takes the patent of small or medium enterprises and inventors into its side. The Patent Troll take strong interest in the IT(information technology) and BT(biological technology) field. At first, the Patent Troll institute a lawsuit against the highest enterprise(ex Nokia, Samsung etc) of the field. And then, the rest enterprises cannot but adopt the proposal of the Patent Troll. This thesis indicates the background of the advent of the Patent Management Company(Patent Troll) and main status of application, registration, lawsuit strategy, and main patent of it. (Focused on InterDigital, NPT, Forgent Networks, Intellectual Ventures, Acacia Research, Ocean Tomo, Mercexchange, and BTG Patent Management Company) Also, this study analyzes the Lawful Characteristic of the Patent Management Company(Patent Troll). The first problem of the Patent Management Company(Patent Troll) is that it would restrict the fair competition and trade. The second problem is that it would delay the use and development of technology. The third problem is that there would be many good victims.
- 발행기관:
- 한국지식재산학회
- 분류:
- 법학