Download or read book Patents as an Incentive for Innovation written by Rafal Sikorski and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.

Download or read book The Problem and Solution Approach to the Inventive Step written by G. S. A. Szabo and published by . This book was released on 1986 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antibody Patenting written by Jürgen Meier and published by Kluwer Law International B.V.. This book was released on 2019-08-08 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antibodies have revolutionized medicine and biotechnology, and have become indispensable tools in therapy, diagnostics, analytics, and research. Therapeutic antibodies, for example, have come to dominate the ranks of blockbuster drugs, currently accounting for 10 out of the top 15 best-selling medicines. At the same time, a body of case law dealing specifically with the patentability of antibody-related inventions and the enforcement of antibody patents has emerged in major jurisdictions. The, at times, significant divergences between different jurisdictions have been compounded by recent decisions in the United States, most notably Amgen v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), which have severely curtailed the possibilities to obtain broad antibody patents. It is therefore essential to understand how antibody inventions are assessed in different jurisdictions in order to secure an optimal patent protection and to successfully enforce such patents. This book provides practitioners with a comprehensive resource elucidating all aspects of the patenting of antibodies from initial drafting and prosecution to enforcement, using a country-by-country format. It covers 23 of the most important IP jurisdictions worldwide – i.e., the European Patent Office, France, Germany, Italy, the Netherlands, Poland, Spain, Switzerland, the United Kingdom, Israel, the United States of America, Argentina, the Andean Community (Bolivia, Colombia, Ecuador, and Peru), Brazil, Canada, Chile, Mexico, China, India, Japan, Singapore, South Korea, and Australia. The 35 contributors to this book, all distinguished experts in this field, provide clear and practice-oriented advice on a range of topics including: – Which types of antibody inventions are patent-eligible? – Which types of functional and structural features are accepted for claiming antibodies? – What needs to be considered when defining antibodies in terms of their antigen, target affinity, binding specificity, epitope, competitive binding and other characteristics in relation to reference antibodies, as well as their effects on the target? – Which pitfalls must be avoided when defining amino acid sequences, chemical modifications or glycosylation patterns, and when relying on cell line deposits? – Which breadth of claims is accepted for antibody inventions, and what experimental support is required? – Which specific medical applications of antibodies can be claimed? – How is inventive step assessed in the specific case of antibody inventions? – What has to be considered when enforcing antibody patents, including in relation to biosimilars as well as the doctrine of equivalence? All chapters follow the same structure, which makes this book easily accessible and allows a direct comparison between different jurisdictions. Practitioners will find the much-needed tools and guidance to secure the best possible patent protection for antibody inventions in 23 of the most important jurisdictions worldwide. This book is the fifth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Download or read book The Inventive Step in Its Historical Development written by Friedrich-karl Beier and published by . This book was released on 1986 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property Law and the Fourth Industrial Revolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2020-05-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.

Download or read book The Inventiveness Requirement in Patent Law written by Lodewijk W.P. Pessers and published by Kluwer Law International B.V.. This book was released on 2016-04-20 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept, and in current debates the question is often raised whether the requirement is capable of functioning as an adequate ‘gate-keeper’. By providing a broad and historical perspective on the inventiveness concept in patent law, this groundbreaking work lays a very thorough conceptual basis for further and more in-depth discussions on current standards of inventiveness. In a method guided by geography and chronology, the author weaves developments in numerous countries – focusing primarily on the United States, the United Kingdom, Germany, and the Netherlands – into a fullscale analysis of the inventiveness concept. Among the questions raised and examined are the following: - How do industrial–economic considerations influence the requirement? - Are there different doctrinal ‘schools of thought’ that can be distinguished? - Should the current requirement stay in close relationship with its predecessors or is it fundamentally different? - Which socio-economic and political forces have influenced or diverted the evolution of the requirement? - What are the most conspicuous similarities and dissimilarities among the jurisdictions under examination? And how can they be explained? - To what extent is the ‘inventive step’ requirement applied in a uniform manner within the European Patent Convention area? - To what extent has the enormous recent growth of patent grants been brought about by relaxation of the inventiveness requirement? This book provides crucially important fundamental commentary for lawyers, jurists, and scholars coming to grips with a hugely complex legal phenomenon: the dramatic growth worldwide in recent years of patents as instruments for the protection of industrial property. Particularly welcome in these times of intensifying scrutiny of patent law, this incomparable analysis will quickly become a cornerstone resource for intellectual property lawyers, patent officers, in-house counsel in multinational manufacturing companies, and other interested practitioners.

Download or read book Empirical Evidence on the Inventive Step written by Hazel V. J. Moir and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The height of the inventive step is critical in balancing the costs and benefits of patent systems. This empirical analysis assesses this, using the economic yardstick of how much new knowledge is required for patent grant. But examiners and courts ask a different question - is it obvious? This creates a much lower standard, reinforced by continual amendment, semantic minutiae and the suggestion doctrine for combinations. The result is that many granted patents contribute no new knowledge and therefore no benefits to offset their costs. Such a low inventive step likely impedes rather than encourages innovation.

Download or read book WIPO Guide to Using Patent Information written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-04-30 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.

Download or read book The Inventive Step written by John Bochnovic and published by Weinheim [Germany] : Verlag Chemie. This book was released on 1982 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Pharmaceutical Biotechnology and Chemical Inventions written by Duncan Geoffrey Bucknell and published by Oxford University Press, USA. This book was released on 2011 with total page 2534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on: Australia, Canada, China, India, Japan, the United States, Europe, France, Germany, Italy, the Netherlands, and the United Kingdom.

Download or read book Interpretation of Inventive Step written by Sreenivasa Murthy M. R. and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a unique work focused on the 'inventive step/non-obviousness', one of the criteria for qualifying an invention to be a patent with special reference to pharmaceutical sector. The interdisciplinary approach towards science and law will help lawyers, scientists, techno-legal researchers and academicians of various fields such as science, law, social sciences in understanding the legal, social and scientific perspective of interpretation of inventivestep/ non-obviousness. Thus, the Book is delved into the legal regimes of Europe and USA along with India vis-a-vis the requirement of inventive step. Further it discusses the challenges to the interpretation of inventive step and brings forth how the inventive step requirement strikes a balance between private monopoly and public interest and thereby fulfils the constitutional norms.

Download or read book The Inventive Step Requirement in United Kingdom Patent Law and Practice written by and published by . This book was released on 2006 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Manual of Patent Examining Procedure written by United States. Patent and Trademark Office and published by . This book was released on 1998 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patentability of Chemical Selection Inventions written by Hyewon Ahn and published by Nomos Verlagsgesellschaft Mbh & Company. This book was released on 2011 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: This LL.M thesis is a response to the recent decisions of the German Federal Court of Justice on the patentability requirements of selection inventions, namely the Olanzapine and Escitalopram decisions. The thesis provides an overview on the technology and patenting practice, followed by the discussion of jurisprudence on the patentability requirements for selection inventions in major jurisdictions. In particular, the paper examines the novelty and the non-obviousness requirements. As the discussion on the anticipation and obviousness is more contentious in selection inventions, it discusses the issues in view of the two decisions. Post-grant impact of selection inventions and their meanings to the system of patent are explored and some comparative perspectives on selection inventions are discussed. In conclusion, by exploring the significance of granting patents on selection invention to the working of patent system, the paper provides a useful analysis in understanding patentability requirements thereof, beyond the pharmaceutical industry sector. LL.M Thesis. (Series: Munich Intellectual Property Law Center - MIPLC - Vol. 12)

Download or read book Inventive Step written by Dai Rees and published by . This book was released on 2017 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this paper is that arguing inventive step in patent cases is of necessity telling a story, and as such should be judged by appropriate standards. After exploring the reasons for taking this position, the standard approaches used by the English and German courts and the European Patent Organisation Boards of Appeal are examined to see how well they stand up as story-telling.

Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.