我國LED產業進行專利授權之過程研究
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2009
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Abstract
現今產業的技術正處於日新月異、智慧財產權掛帥的年代,以專利授權的方式取得技術之專利,不但能夠減少企業研發的成本與時間,同時更可以避免侵害他人智慧財產權的情形產生。
臺灣目前在全球發光二極體 (LED) 產量上,為全球第二大LED生產重鎮,但是受限於以製造為主的發展模式,未能在技術研發上累積優勢,面對專利競爭始終居於劣勢。此外,也由於進入此產業較晚,故常被美國、日本等競爭國家提出專利訴訟,導致我國需付巨額的授權金或訴訟費用。
本研究主要的目的是瞭解企業在LED的專利授權過程之考量因素、流程與成效評定,採用質性研究方法,藉由訪談A、B公司與相關文獻探討之分析加以討論,最後針對我國LED產業之專利授權過程提出建議。
本研究結論分為以下四點:
一、在專利授權前之考量因素部份,二家公司皆認為具備相關技術能力與專利生命週期階段為主要考量因素。
二、企業必須自行蒐集或透過公開資訊瞭解最新專利情報。
三、在專利授權中之流程部份,須自行解決任何可能發生狀況。
四、在專利授權後之成效評定部份,除技術能力發展因此獲得改善或突破外,尚可透過公司營業額來進行評定。
關鍵詞:LED產業、專利授權、專利訴訟
With the advent of technology changing rapidly and intellectual property importance era, how the enterprise applying “patent licensing” to obtain the technological patent has become one of the essential issues. It can not only reduce the cost and time of R&D, but also avoid infringement of intellectual property rights. Taiwan’s production is the second largest city in the global light emitting diode (LED). The LED industry restricted to manufacturing-based model, and didn’t have any competitive advantage in the patent. Due to its later development in the field, it has been regular for Taiwan to be accused in patent lawsuit by other competitive rivalries such as America and Japan, resulting Taiwan’s having to pay for significant amount of fees for authorization and litigation. The purpose of this study was to understand the LED industry’s patent licensing process of considerations, processes and the effect of assessment, using qualitative research methods, through interviewing two companies and using related literature to explore and discuss. Finally, opinions associated with the patent licensing in Taiwan’s LED industry will be made. This study brings up four conclusions: 1. before patent licensing, the related technology and life-cycle stage are main considerations. 2. in patent licensing process, the enterprise has to collect the patent licensing’s information and resolve any condition by itself. 3. after patent licensing, the effect of assessment is not only technology improvement and breakthrough, but also other item could be assess. Keywords: LED industry, Patent Licensing, Patent Lawsuit
With the advent of technology changing rapidly and intellectual property importance era, how the enterprise applying “patent licensing” to obtain the technological patent has become one of the essential issues. It can not only reduce the cost and time of R&D, but also avoid infringement of intellectual property rights. Taiwan’s production is the second largest city in the global light emitting diode (LED). The LED industry restricted to manufacturing-based model, and didn’t have any competitive advantage in the patent. Due to its later development in the field, it has been regular for Taiwan to be accused in patent lawsuit by other competitive rivalries such as America and Japan, resulting Taiwan’s having to pay for significant amount of fees for authorization and litigation. The purpose of this study was to understand the LED industry’s patent licensing process of considerations, processes and the effect of assessment, using qualitative research methods, through interviewing two companies and using related literature to explore and discuss. Finally, opinions associated with the patent licensing in Taiwan’s LED industry will be made. This study brings up four conclusions: 1. before patent licensing, the related technology and life-cycle stage are main considerations. 2. in patent licensing process, the enterprise has to collect the patent licensing’s information and resolve any condition by itself. 3. after patent licensing, the effect of assessment is not only technology improvement and breakthrough, but also other item could be assess. Keywords: LED industry, Patent Licensing, Patent Lawsuit
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LED產業, 專利授權, 專利訴訟, LED industry, Patent Licensing, Patent Lawsuit