Patents: The Case of Exploitation of the Patent System among SMEs and Private Inventors in Finland

Talvela, Juhani; Karvonen, Matti; Kässi, Tuomo

doi:10.1142/9781786344069_0003

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“…We conducted a series of semistructured interviews during 2015-2016 among SME and large companies, private inventors, patent agents and policy makers [40][41][42]. For this research, we revisited the synopsis made from the interviews and focused on the patent prosecution and litigation related considerations and challenges of the interviewees.…”

Section: A Initial Interviewsmentioning

confidence: 99%

“…This is in part due to poor understanding about how patents litigations work and the overall functioning of the judicial system. [41,42] While current research focuses mainly on infringement and invalidation prosecutions [1,10,15], we argue that a more fine-grained analysis of patent litigations is needed to enable small company managers and entrepreneurs to better evaluate the risks and requirements of legal prosecutions. We will show how small companies reflect the thought of patent litigations and their main concerns and misconceptions on the judicial system.…”

Section: Introductionmentioning

confidence: 99%

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Legal Fights for Patent Rights: Are the Judicial Concerns of Small Companies Justified?

Talvela

Kässi

2019

2019 Portland International Conference on Management of Engineering and Technology (PICMET)

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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.Introduction.

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Section: A Initial Interviewsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%