Download or read book Patent Law in Global Perspective written by Ruth L. Okediji and published by Oxford University Press, USA. This book was released on 2014 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.
Download or read book Patents from a Different Perspective written by John P. Sutton and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patents and Cartographic Inventions written by Mark Monmonier and published by Palgrave Macmillan. This book was released on 2018-06-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the US patent system, which helped practical minded innovators establish intellectual property rights and fulfill the need for achievement that motivates inventors and scholars alike. In this sense, the patent system was a parallel literature: a vetting institution similar to the conventional academic-scientific-technical journal insofar as the patent examiner was both editor and peer reviewer, while the patent attorney was a co-author or ghost writer. In probing evolving notions of novelty, non-obviousness, and cumulative innovation, Mark Monmonier examines rural address guides, folding schemes, world map projections, diverse improvements of the terrestrial globe, mechanical route-following machines that anticipated the GPS navigator, and the early electrical you-are-here mall map, which opened the way for digital cartography and provided fodder for patent trolls, who treat the patent largely as a license to litigate.
Download or read book Patents from a Different Perspective written by John P. Sutton and published by Createspace Independent Pub. This book was released on 2013-05-10 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book was created to discuss why the specialist patent courts fail to abide by the various federal rules, and precisely how the Supreme Court has sought to correct the “notorious difference” between the patent office assessment of patentability and the patent court assessment of patentability of an invention first identified in the 1966 Graham case. I have been close to that issue for nearly half a century, and the book is my analysis of the problem.The book explores many instances where the lack of judicial experience with rules of procedure, of evidence, and of law lead to questionable decisions. The judicial experience of trying cases as an advocate is also lacking in many of the patent court judges. I certainly did not have that experience when I was a law clerk just out of law school, but I have had experience in the nearly half-century since then. It is clear from the 33 cases where the Supreme Court has reviewed patent court decisions that the Supreme Court has a different perspective on patents from that of the specialist patent courts.Most writings about patents come from the perspective of (1) the Patent and Trademark Office; (2) the Court of Appeals for the Federal Circuit; (3) patent applicants; (4) patent owners; or (5) advocates of a political position respecting patents.These perspectives are not helpful in determining what the law is regarding patents. The judicial department of government has the duty “to say what the law is” (Marbury v. Madison, 5 U.S. 137, 178 (1803)). The political departments of government (executive and legislative) have responsibilities in administering the patent law, but not in saying what the law is. The Supreme Court is head of the judicial department, and it is the perspective of the Supreme Court, not the Federal Circuit, that ultimately controls what the law is.The Supreme Court has reviewed patent decisions by the two specialist patent courts of appeal (the Court of Customs and Patent Appeals and the Federal Circuit) a total of 33 times since 1966. All 33 of these cases are studied in this book. The book shows that the decision of the patent court has been overturned in two thirds of the cases reviewed. Even when the patent court decision is affirmed, the reasoning is often criticized by the Court. The book approaches the development of patent law from the perspective of the Supreme Court, and shows that the writings from the usual perspectives are not accurate assessments of what the law is. No other writing views patent law from this perspective. In a few cases, the book criticizes the Supreme Court decision on appeal as deviating from earlier Supreme Court precedents. In those cases, the reasons for the assertion that the Court erred are given, recognizing, as it must, that the perspective of the Supreme Court is final, not because it is infallible; it is infallible only because it is final (Jackson, J., Brown v. Allen, 344 U.S. 443 (1953)).
Download or read book Competition and Patent Law in the Pharmaceutical Sector written by Giovanni Pitruzzella and published by Kluwer Law International. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?
Download or read book Perspective on Patents written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property and published by . This book was released on 2005 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Edible Oil Processing from a Patent Perspective written by Albert J. Dijkstra and published by Springer Science & Business Media. This book was released on 2012-09-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent literature has always been a mine of information, but until recently, it was difficult to access. Now, with the Internet, access to all patent documents is almost instantaneous and free. However, interpreting the technical information provided by patent literature requires a certain skill. This monograph aims to provide that skill by explaining patent jargon and providing background information on patenting. Patents dealing with edible oil processing are used to explain various aspects of patenting. To make the explanations less impersonal, some have been larded with personal remarks and experiences. Accordingly, this monograph is intended for scientists and engineers dealing with edible oils and fats who want to extend their sources of technical information. Hopefully, it will inspire them to innovate, help them to avoid duplication, and provide them with some amusement.
Download or read book Patent Misuse and Antitrust Law written by Daryl Lim and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.
Download or read book The Law of Patents written by Craig Allen Nard and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This comprehensive and up-to-date casebook on the law of patents features helpful introductory text, technologically-accessible cases, detailed comments, comparative, policy, and patent reform perspectives. The new Fifth Edition offers up-to-date Federal Circuit and Supreme Court case law, including Helsinn, Impression Products, Halo, and Promega, as well as detailed comments following the principal cases. This edition also features enhanced policy and comparative perspectives, as well as additional materials on patent reform perspectives (e.g. America Invents Act). New to the 5th Edition: Up-to-date federal circuit and Supreme Court case law, including Helsinn, Impression Products, and Halo Detailed substantive comments following the principal cases More statistics and charts, particularly relating to USPTO decision making and PTAB inter partes review Enhanced Policy and Comparative Perspectives Enhanced Patent Reform Perspectives (e.g. America Invents Act) Patent statute (both pre- and post-AIA) included in the back of the book Greater citation and discussion of patent law academic and empirical literature New and updated PowerPoint slides and companion website Professors and students will benefit from: Richness in doctrine, policy, and theory Concise, but thorough coverage Logical and accessible sequencing of chapters Helpful introductions to each chapter, transitional text within sections, and introductions and background information for most cases Detailed comments sections follow the cases, delving into the doctrine and policy, and comparative perspectives Perspectives throughout that provide stimulating points for discussion
Download or read book Patents and Morality in Perspective written by Edward Armitage and published by . This book was released on 1994-01-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making and Unmaking Intellectual Property written by Mario Biagioli and published by University of Chicago Press. This book was released on 2015-07-31 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
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 Patent Politics written by Shobita Parthasarathy and published by University of Chicago Press. This book was released on 2017-02-21 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
Download or read book Leveraging Patents Financially written by Dominic de Vries and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on expert interviews and a large-scale survey, Dominic de Vries provides one of the first in-depth empirical studies into how patents contribute to companies’ access to external financial sources. He identifies and analyses the actual extent and influence factors of financial patent utilization across company size clusters and patent-intensive industry sectors in Germany.
Download or read book Patents and Cartographic Inventions written by Mark Monmonier and published by Springer. This book was released on 2017-03-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the US patent system, which helped practical minded innovators establish intellectual property rights and fulfill the need for achievement that motivates inventors and scholars alike. In this sense, the patent system was a parallel literature: a vetting institution similar to the conventional academic-scientific-technical journal insofar as the patent examiner was both editor and peer reviewer, while the patent attorney was a co-author or ghost writer. In probing evolving notions of novelty, non-obviousness, and cumulative innovation, Mark Monmonier examines rural address guides, folding schemes, world map projections, diverse improvements of the terrestrial globe, mechanical route-following machines that anticipated the GPS navigator, and the early electrical you-are-here mall map, which opened the way for digital cartography and provided fodder for patent trolls, who treat the patent largely as a license to litigate.
Download or read book Patent Pledges written by Jorge L. Contreras and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Download or read book Perspectives on Patentable Subject Matter written by Michael B. Abramowicz and published by Cambridge University Press. This book was released on 2014-11-28 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.
