Earticle

초록

영어

In this study "Non-Practicing Patent Holder" or "Non-Practicing Entity" is defined as an entity or person who has a patent but does not practice the patent. Non-Practicing Patent Holders include individual inventors, universities, research institutes, or even companies which do not manufacture the patented product any more. Also, "Patent Transaction Entity" or "Patent Transaction Expert", instead of contemptuous word "Patent Troll", is defined as an entity which is engaged in the license business with patent portfolio procured mostly from third parties. Non-Practicing Patent Holder obviously includes Patent Transaction Entity. Considering the diversity of each Non-Practicing Patent Holder with respect to the procurement of patents and the enforcement of those patents, the legal or practical boundary of Non-Practicing Patent Holder or Patent Transaction Entity is not so clear and it makes manufacturers difficult to respond to the various Non-Practicing Patent Holder's activities. Then, this study analyzes empirically the value of patents owned by Non-Practicing Patent Holders to figure out if Non-Practicing Patent Holders' licensing activities are really blameful. For this purpose, all the patents proposed in the USITC litigation are listed first. And, those patents were divided into two groups, one patent group of 1,121 patents presented by manufacturing entities ("Manufacturer's Patent Group") and the other patent group of 125 patents presented by Non-Practicing Patent Holders ("Non-Practicing Patent Holder's Patent Group"). Secondly, several factors such as the number of claims, the number of backward citations, the number of forward citations, the effective duration of each patent after the date of litigation, the number of family patents, and the number of patents filed by inventors of each patent were selected to compare the value of those two patent groups. Such empirical analysis shows that there were no statistically significant differences with the value 0.05 between Manufacturer's Patent Group and Non-Practicing Patent Holder's Patent Group in the number of claims, the number of forward citations and the number of patents filed by inventor of each patent. However, there were statistically significant differences with the value 0.05 between two groups in the number of backward citations, the effective duration of patent after litigation and the number of family patents. The analysis shows that the value of the Non-Practicing Patent Holder's Patent Group is better than the Manufacturer's Patent Group in the number of backward citations and the number of family patents, while the Manufacturer's Patent Group is better than the Non-Practicing Patent Holder's Patent Group in the effective duration of patent after litigation. According to the results of empirical analysis in this study, it is found that Non-Practicing Patent Holder's patents are not trivial and even slightly better than the patents of manufacturing entities in some factors for empirical analysis.

목차

I. 서론
 II. 비실시특허권자의 구분
  1. 비실시특허권자의 정의
  2. 실시 여부에 따른 판단
  3. 실시의무
 III. 비실시특허권자 특허의 실증분석
  1. 서설
  2. 분석 대상 특허 및 분석 항목 설정
  3. 실증분석 결과
  4. 소결
 Ⅳ. 결론
 별첨
 참고문헌
 

키워드

비실시특허권자 특허거래전문기업 특허괴물 특허가치 실증분석 non-practicing patent holder non-practicing entity patent transaction expert patent transaction entity NPE patent troll empirical analysis patent value statistical analysis

저자

• 조영주 [ Youngjoo Cho | 법학박사, 삼성전자 IP센터 수석연구원. ]

참고문헌

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