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Patents are the best resource for tracking of the latest advancements in technology. They are tracked regularly especially by the competitive companies, R&D labs and individuals. Based on various parameters of concern including technology trends, references and the usage of the technologies, the relevant patents are retrieved to unveil the technology of a product (Ridley, 2002). In the present work, as a test case parsing the technical specifications of the given mobile device, a comprehensive search technique of the patent databases has been established by applying ranking methods based on ‘Referenced By’ for each patent. These are then re-ordered for identifying the most likely patents along with their URL links involved in the current technology. This has been exemplified using a typical case of a mobile device, i.e., ‘cell phone’. The results obtained cover all the software and hardware technologies involved in making of a new device as distinct from its older versions to track the latest technological advancements implemented in a product of one’s [...]
Rights pertaining to intellectual property have been mainly categorised, under Jordanian laws, to cover trademarks, patents, copyright, unfair competition and trade secrets, integrated circuits, geographical indicators, industrial designs and models, and the new plants classifications. Alternative dispute resolution have also been categorised under Jordanian laws to cover arbitration, mediation and conciliation. This article examines the reliability and viability of alternative dispute resolution to resolve intellectual property disputes. It answers the question whether disputes arising over intellectual property rights can only be resolved using alternative dispute resolution. In other words, do intellectual and industrial property disputes have special nature which makes them different from the nature of other disputes to be resolved in a particular way? It is found that the disputes arising over the exploitation of the intellectual property rights can be resolved by alternative dispute resolution, and it is also found that it is possible to apply both arbitration and mediation laws to resolve intellectual property disputes as far as Jordan is [...]
This paper presents the results of a web-survey of scientists and researchers from India, Malaysia, Philippines, Thailand, and Vietnam, conducted to measure their awareness, attitudes and perspectives towards the new intellectual property rights (IPRs) paradigm in agriculture. Results indicate that respondents are aware on IPR and its features and have openness in answering IPR-related questions despite the current ambiguity and debate surrounding IPRs in public sector research. They also understand global policy trends and some of the risk factors involved. However, they need to have more exposure to, and training on, the use of the different IPR instruments. Interestingly, respondents disclosed that even with expanding IPR in agriculture, they did not have problems accessing new biological materials and genetic resources from local and international research centres. Results can serve as important reference for institutions implementing IP capability programmes for better appreciation of the importance of IPR for public research [...]
According to recent surveys, there exist numerous patent applications in countries, such as Japan and the USA. Out of the total granted patents, there are so many patents which are not utilised on the product and its market. In this research, we analysed the different levels of inventive step or non-obviousness especially focusing on the difference of the ratio of office actions made by EPO and JPO between European enterprises and Japanese enterprises whether the office actions include the prior arts related to the said invention filed as a patent application. Under the current patent law, all patents granted have the same level of protection. Considering the basicness or improvementness of patents, it is proposed based on this research to distinguish the level of inventive step or non-obviousness together with the level of protection, which gives big impact on legal structures together with how the patent law should be amended in the [...]
Intangibles exhibit zero marginal licensing cost, including cross-border intra-firm licensing of intangibles within a multinational corporation (MNC). An MNC may not realise the full profit potential of licensing intangibles intra-firm, however, under suboptimal negotiated transfer pricing schemes. Our negotiated transfer pricing bargaining structure unlocks this potential by producing an optimal transfer price and larger optimal intra-firm licensed quantity. Increased licensing of intangibles intra-firm across borders produces a greater potential tax savings/consolidated after-tax profit gain per unit of transfer price adjustment, creating a context where MNCs feel a greater imperative or incentive to move beyond legal tax avoidance toward [...]
Pharmaceuticals can exist in various solid forms include ‘true polymorphs’, solvates, desolvates and amorphous solids. Screening of pharmaceuticals early on in drug discovery to find out all possible solid forms has significant connotations. Any inadvertent production of the ‘wrong’ polymorph at the crystallisation stage or any transformations of one form to another during dosage form processing, storage and scale-up can result in pharmaceutical dosage forms which are either ineffective or toxic. The second-generation patent filed by pioneer companies generally claim newer crystal forms as an important aspect in maintaining favourable intellectual property position thereby delaying the generic entry. There are numerous instances where innovator companies have acquired patents on particular polymorphic form, which extend beyond the expiry of basic molecule’s patent. In such instances, allows filing of ANDA with paragraph IV certification, provided the solid form discovered by the generic manufacturer bypasses innovator’s patent. Successful paragraph IV filing provides exclusive marketing rights for 180 days to the generic manufacturer, and a healthy market share. This article provides in depth analysis of polymorph patents with case examples evaluating that whether these polymorphic patents are really important in qualitative terms or just a ploy to stifle the generic [...]
In the early 1980s, countries began to allow patenting of biotechnological processes and products, creating technology advancements and rapid development of private industry. Part of the industry development that ensued was a consolidation of small firms and the creation of a few, large life science companies, each owning the requisite intellectual property (IP) and having freedom-to-operate. Despite the ability and potential gains from doing so, for many years there was very little apparent flow of IP between firms, separating potentially complementary technologies. A recent development in the ag-biotech industry, has been the increase in gene trait cross-licensing agreements. While these agreements hold much promise as means to facilitate the much needed sharing of IP, they raise additional concerns with respect to market concentration. This article examines publicly accessible information about the nature of these IP sharing agreements and the incentives they may [...]
SMEs do not own many patents. Although the reasons for not patenting have been the subject of much research, little is known on the alternatives that SMEs use. This article discusses a case study on the protection of innovations by SMEs by means of an analysis of the patent data and 20 interviews with owners or managers. This case study confirms the findings that SMEs do not own many patents, but adds to this that the SMEs that do own patents do not let them expire as much as bigger companies. The interviews showed that 65% of the respondents favoured other forms of protection, especially confidentiality clauses. The interviews also showed that age, type of innovation and R&D expenses influence the adoption of protective [...]
As the competitive environment has become more knowledge-based and as technological complexity and convergence have increased, companies’ innovation processes have gone through changes. It could be said that there has been a paradigm shift from closed innovation, where control over resources is paramount, towards a more open model. At the same time, the importance of intellectual property rights (IPRs) as a means to appropriate returns on R&D investments has increased and firms have begun to pay more attention to managing their IPRs. In this study, we examine the relationship between innovation models and patent strategies and licensing practices of eight information and communications technology (ICT) companies interviewed in 2004. We find that companies with different attitudes toward innovation also follow different paths in their strive towards appropriation and benefiting from innovation. The common denominator is that IPRs are only useful when they are in line with the business [...]
It has long been understood that highly cited patents tend to be more commercially valuable than patents that are not frequently cited. Early identification of highly cited patents would enable a technology manager to concentrate commercialisation resources on the most promising assets in a technology portfolio. There is therefore a need for predictive models of forward citation counts. We propose and test a theory that early forward citation observations can be a leading indicator of the future citations over the lifespan of a patent. The predictive model presented herein has implications for patent valuation, patent portfolio management and qualitative patent ranking [...]
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