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

Juhani Talvela, Tuomo Kässi

Research output: Chapter in Book/Report/Conference proceedingConference contributionScientificpeer-review

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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.
Original languageEnglish
Title of host publicationPICMET 2019 - Portland International Conference on Management of Engineering and Technology
Subtitle of host publicationTechnology Management in the World of Intelligent Systems, Proceedings
EditorsDundar F. Kocaoglu, Timothy R. Anderson, Dilek Cetindamar, Kiyoshi Niwa, Harm-Jan Steenhuis
PublisherIEEE
Number of pages16
ISBN (Electronic)978-1-890843-40-3
DOIs
Publication statusPublished - 1 Aug 2019
MoE publication typeA4 Article in a conference publication
EventPortland International Conference on Management of Engineering and Technology - Portland, United States
Duration: 25 Aug 201929 Aug 2019

Publication series

NameProceedings / Portland International Conference on Management of Engineering and Technology
ISSN (Print)2159-5100

Conference

ConferencePortland International Conference on Management of Engineering and Technology
Abbreviated titlePICMET
CountryUnited States
CityPortland
Period25/08/201929/08/2019

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