Legal fights for patent rights : Are the judicial concerns of small companies justified?

Loading...
Thumbnail Image
Journal Title
Journal ISSN
Volume Title
Conference article in proceedings
Date
2019-08-01
Major/Subject
Mcode
Degree programme
Language
en
Pages
16
Series
PICMET 2019 - Portland International Conference on Management of Engineering and Technology
Abstract
Patents and patenting have been extensively studied in recent years. Large firms are considered more advanced in their management of technology and prosecution of patents, while small firms possess a limited capacity to operate the legal quality of patents. This article deals with concerns expressed by small companies about the legal uncertainties of patents and patenting. We present results from our interviews and subsequently focus on studying patent litigations, in Finland. We present the types of parties, court actions, and industries with high litigation activity. Speed and cost of litigation is compared with selected other countries. Data are retrieved from multiple sources, including the Darts-IP database with a global coverage of IPR related litigation cases. We find that an opposition action is the most frequent type of litigation, followed by infringement and invalidity actions. Combinations of infringement and invalidation actions are not as common in Finland, as seen in other countries. Most litigations are fought by and between large companies. Recommendations are given for technology management in small companies.
Description
Keywords
Other note
Citation
Talvela , J & Kässi , T 2019 , Legal fights for patent rights : Are the judicial concerns of small companies justified? in D F Kocaoglu , T R Anderson , D Cetindamar , K Niwa & H-J Steenhuis (eds) , PICMET 2019 - Portland International Conference on Management of Engineering and Technology : Technology Management in the World of Intelligent Systems, Proceedings . , 8893854 , Proceedings / Portland International Conference on Management of Engineering and Technology , IEEE , Portland International Conference on Management of Engineering and Technology , Portland , Oregon , United States , 25/08/2019 . https://doi.org/10.23919/PICMET.2019.8893854