| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === As patents can shorten product development time or demonstrate patentees’ technological competitiveness to consolidate and expand their markets, many multinational companies are investing enormous resources in patent search and applications. Patents have been the level of competition for businesses instead of the original technology and legal aspects.
Furthermore, since patents include the information of the technology and legislation, the market followers can fairly understand what the future product technology trends by watching the market leaders’ patents. If the followers can put patents to good use, not only can inspire creative but avoid duplication of resources wasted investment.
The main point of this thesis is a study on patent value, risk of patent infringement in different business models and mechanism against the risk of patent infringement from the views of product development by referring to both of relationship between product development and patents and revelations brought by related patent legislation and court practice litigation cases in Taiwan, United States and China.
The thesis refers to the patent portfolios of basic research for pioneer technology, product specification for Standard Committee, product development for design in, and product manufacture for second source. And, for cost down and avoiding the different types of patent infringement, the thesis also refers to the efficient product development and the risk management mechanism by analyzing the patent documents, studying on successful defenses in patent infringement cases, methods for design around and cost investigation for obtaining patent licenses and revoking the patents. In detail, the risk management mechanism can include the investigation of industrial patent litigations, licenses, competitors, technology; regular industrial news and patent bulletins monitoring system, and the application of patent insurance in product development and marketing stages.
In summary, the thesis provides suggestions to reduce the cost of product development and risk of patent infringement and strike a balance between risk and cost, and hope to enhance the competitiveness of enterprises.
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