기업 특허의 무효심판에서 상소 여부에 영향을 미치는 요인에 대한 계량경제 분석

초록

We analyze factors affecting the sequential progression and conclusion of patent invalidation trials in Korea when patentees are firms, using the data set of 3,229 cases involved in invalidation litigation between 2001 and 2017. We specify a sequential logit model to accommodate the sequential nature of the litigation process. We find that there are differences in factors affecting the progression of trials from the Patent Tribunal to the Patent Court and those from the Patent Court to the Supreme Court. Characteristics of the patent play an important role in the progression from the Patent Tribunal to the Patent Court, whereas patentee’s size and the type of the counterparty play an important role in the progression from the Patent Court to the Supreme Court. Explanatory variables reflecting patentee’s competitiveness in the area of patent’s technology, which represents an aspect of patent’s strategic value, are found to have statistically significant and positive impacts on the sequential progress, thereby reducing the chances of an early settlement.

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