Patent litigation by private inventors - case Finland
Talvela, Juhani; Kässi, Tuomo (2019)
Post-print / Final draft
European Conference on Intangibles and Intellectual Capital
School of Engineering Science
Copyright The Authors, 2019. All Rights Reserved
covered. Our research focuses on private individuals’ involvement in patent prosecutions in the Finnish courts of law. We study the actions of private inventors to protect and enforce their intellectual property, and the types of legal actions they get dragged into. This paper uses a literature review and patent litigation data retrieved from the Darts-IP database and combined with patenting data from the Finnish patent and
trademark office (PTO). Based on a conducted analysis we find that private inventors have high success in
patent ownership disputes and low success in administrative hearings. In other types of cases they fare about as well as corporate litigants. This is somewhat surprising, as private inventors are usually thought to perform poorly in patent litigations. Our research, to our knowledge for the first time, provides empirical evidence of private inventors’ involvement and performance in patent litigations, in Finland and provides new insights to technology and innovation management in the intersection of judicial research. The results of this work are useful for academia, as well as for private inventors, entrepreneurs and small company managers for making knowledge-based decisions on inventions, patents and patenting.
Juhani Talvela, Tuomo Kässi. 2019. Patent litigation by private inventors - case Finland. In Proceedings ECIIC 2019 10th European Conference on Intangibles and Intellectual Capital University of Chieti-Pescara on 23-24 May 2019. Academic Conferences and publishing limited.
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