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.
Download or read book Perspectives on Patentable Subject Matter written by Michael Abramowicz and published by . This book was released on 2015 with total page 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"--
Download or read book Perspectives on Patentable Subject Matter written by Michael Abramowicz and published by . This book was released on 2015 with total page 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"--
Download or read book Patent Law Perspectives written by and published by . This book was released on 1982 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The Law of Patents written by Craig Allen Nard and published by Aspen Publishing. This book was released on 2022-03-23 with total page 1301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 6th Edition: Restructuring and resequencing of chapters Extensive discussion of America Invents Act New Principal cases Updated Comments 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 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.
Download or read book A New Theory for Patent Subject Matter Eligibility written by Austen Zuege and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new theory for patent subject matter eligibility is presented that attempts to unify and clarify Supreme Court precedent surrounding the "preemption" doctrine and a long-standing insistence on an inventive contribution or "quid pro quo" to justify any patent grant. An economic approach is adopted, taking influence from Thorstein Veblen's industrial/pecuniary dichotomy. It is suggested that the alleged solution to an underlying (technical) problem should be assessed, and only claims that recite a productive, technical solution should be deemed to satisfy patent eligibility requirements in the United States. Such an approach would decrease reliance on the machine-or-transformation test and would allow courts and the Patent Office to limit patentability to contributions to the common stock of technical proficiency that deal with productive wealth creation, while at the same time excluding from patent eligibility pecuniary activities that relate only to unproductive wealth extraction.
Download or read book Artificial Intelligence and Patents written by Jonathan P. Osha and published by Kluwer Law International B.V.. This book was released on 2023-09-14 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial Intelligence (‘AI’) and the AI sub-field of Machine Learning (‘ML’) are terms that originated in the fields of computer and data science but now form part of the common vernacular. AI has now found application in virtually every field. Some applications of AI have become part of our daily lives: virtual assistants, chatbots, search engines, online language translation and eCommerce all employ AI in various forms. Generative AI such as OpenAI’s products ChatGPT (natural language generation), Jukebox (music generation) and DALL-E2 (image generation) have captured the public attention to an enormous degree and can, indeed, do amazing things. A myriad of other applications of AI are found in disparate fields that, while not as visible on a daily basis, impact on our lives in a wide variety of ways. With this rapidly-increasing impact comes not only exciting new technical capabilities but also new challenges for intellectual property (‘IP’) law. Are current laws fit for purpose or is something new or different needed? This is not a new question; one need only look back to the early days of digital music, computer software and 3-D printing to find similar discussions of whether existing IP law is suited to emerging technologies. For the most part, the answer in the past has been “yes”, with perhaps a tweak here and there. Whether the same will be true of AI is, as yet, an open question. This book focuses specifically on AI and patents. Unsurprisingly, different jurisdictions have taken different approaches to patentability of AI-related inventions. Terminology (what is an “AI-related invention”?) also is inconsistent from one patent office to the next. These factors combine to create a maze of laws and regulations that patent applicants must navigate to secure protection for their innovations. To facilitate comparison of laws and practices, this book introduces a taxonomy that separates AI-related inventions into five conceptual categories. The patent law implications of each category are then addressed in national and regional chapters reflecting the perspectives of 16 major jurisdictions. All chapters follow the same structure, thereby allowing the reader to directly compare approaches taken by different jurisdictions. Thirty-nine subject matter experts from around the world contributed to this book. This is the eighth 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 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 Patent Subject Matter Eligibility written by Rajendra Kumar Bera and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We address a fundamental question: “What is patentable subject matter under the patent act?” The present confusion and rise in opportunistic patent litigation seen in the U.S. today is due to the three judicially created exceptions to the U.S. Patent Act's broad patent-eligibility principles: 'laws of nature, natural phenomena, and abstract ideas' whose scope and validity are questionable. Here we examine the exceptions from the perspective of post-1900 understanding of physics, mathematics, algorithms, computations, life sciences, and information theory. We conclude that the exceptions are irrational and anachronistic. The judiciary's lack of expertise in science, technology, engineering, and mathematics (STEM) has made the patent system unstable by continuing to err in holding that the laws of Nature are known to mankind and form “part of the storehouse of knowledge of all men” and “free to all men and reserved exclusively to none.” In fact, the real laws of Nature are unknown and likely to remain so forever; physicists “know” them only as conjectures open to refutation. We also point out deep existing connections between biotechnology and software and explain why both are patentable subject matter -- they are two sides of the same coin. Our perspective leads us to suggest a definition for patentable subject matter and provide fundamental tests for patentability. Finally, for efficient working of the patent system, we suggest the creation of a statutory body, the Patent Validation Board, whose decisions on patent validity and extent of patent infringement will be final and binding on the courts. The courts should decide only non-STEM matters, e.g., damages.
Download or read book The Rules and Standards of Patentable Subject Matter written by Tun-Jen Chiang and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two arguments are commonly made against restricting patentable subject-matter. The first is that such restrictions are over-inclusive. If an invention is “new, useful, and non-obvious,” critics ask, why should it be denied patent incentives because it falls into some “wrong” category? The second criticism is that patentable subject-matter doctrine is difficult to administer, with no coherent principle to explain the case law in the area. When viewed from a rules versus standards perspective, these arguments contradict each other. Over-inclusiveness is an attribute of rules. Difficulty of administration, vagueness, and inconsistent application are attributes of standards. A doctrine cannot be too rigid and too fuzzy at the same time. This Article refutes both criticisms of subject-matter doctrine. The insight is that patentable subject-matter doctrine comes in two distinct types. The first is a rule-like categorical exclusion. The second is a standard-like scope limitation, which does not pose problems of over-inclusiveness, while sharing the same heightened administrative cost as other aspects of individualized examination. Since individualized examination is the only alternative to subject-matter restriction, flexible scope limits should not concern critics of subject-matter restriction. The remaining concern is the over-inclusiveness of categorical exclusion. This Article argues that categorical exclusions can be justified if they create corresponding administrative cost savings that outweigh the over-inclusiveness cost, and this cost-benefit balance is an empirical question. For example, if 99% of business method patents are socially detrimental, it is likely better to categorically reject all business method patents using a simple rule, and accepting the loss of 1% of meritorious patents.
Download or read book Pharmaceutical Innovation Competition and Patent Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.
Download or read book Patents on Life written by Thomas C. Berg and published by Cambridge University Press. This book was released on 2022-05-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants - and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.
Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Download or read book The Patentability of Financial Methods written by Stefania Fusco and published by . This book was released on 2015 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, there has been a renewed interest in the validity of patenting business methods. The issue appeared to be settled in 1998 with State Street Bank & Trust Co. v. Signature Financial Group, Inc. However, in 2008, the Federal Circuit, responding to a more restrictive approach toward the patent system adopted by the Supreme Court, began questioning the soundness of the policy to extend patent protection to business methods. The Federal Circuit's adjustment of its position occurred explicitly in In re Bilski when the court decided to rehear the case en banc and reconsider the conclusions previously reached in State Street. The Supreme Court subsequently granted certiorari on In re Bilski, and its Bilski decision in June 2010 exacerbated an already heated debate on the patentability of certain subject matters. Ultimately, this quandary about patentability revolves around the empirical question of whether the patent system in a specific sector is “doing its job” or, more specifically, whether the patent system is fostering the creation of additional business methods. To answer this question, I conducted an empirical investigation that involved structured interviews with market participants about the production and consumption of financial methods as a subset of business methods. The data collected in this study reveal that market participants are ambivalent about the benefits that both the financial market and their companies can derive from having exclusive rights on financial inventions. The data also provide a description of the financial market and its dynamics that is difficult to reconcile with the protection of business methods, as currently provided by the patent system. Thus, it raises serious doubts that, in the ten years between State Street and In re Bilski, patent protection has had any impact on innovation in the financial industry.
