Download or read book The Completeness Requirement in Patent Law written by Dmitry Karshtedt and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article argues that courts have created a de facto extra-statutory condition of patentability, herein termed the “completeness” requirement. This requirement bars patents on certain inventions whose chief value lies in their function as inputs into downstream research. The Article contends that the notion of completeness explains doctrinal innovations that are difficult to rationalize any other way. Although it reflects an important policy of limiting unduly preemptive patent claims on foundational, building-block inventions, the completeness requirement in its current form fails to implement this policy in a way that is coherent and consistent with patent law's utilitarian goals. In addition, courts' attempts to develop the completeness requirement based on existing statutory provisions have resulted in controversial interpretations of the Patent Act, generating legitimacy costs. The Article argues that these problems are best addressed by explicitly recognizing completeness as a separate requirement of patentability and modifying the doctrinal tools used to enforce this requirement. To determine whether a patent claim passes completeness, the Article proposes a new test that focuses on the generality and unpredictability of a claimed invention's applications. Further, it argues that an amendment to the Patent Act codifying the requirement of completeness is the most effective way to implement the proposal. Finally, the Article explores the possibility of awarding a limited patent right, which it terms “Research Patent,” to claims that satisfy existing requirements of pa-tentability, but fail completeness. This right would provide the intellectual property incentives that are likely needed to develop and commercialize foundational inventions, and also help decrease the potential for stifling downstream innovation created by granting full patent protection to such inventions.
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 Official Gazette of the United States Patent and Trademark Office written by and published by . This book was released on 2002 with total page 1038 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Official Gazette of the United States Patent and Trademark Office written by United States. Patent and Trademark Office and published by . This book was released on 2001 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 428 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 Hearings written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1962 with total page 1646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The United States Patent Law System written by Richard Spencer and published by . This book was released on 1931 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aspen Treatise for Patent Law written by Janice M. Mueller and published by Aspen Publishing. This book was released on 2024-07-19 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary
Download or read book Intellectual Property Law written by Jay Dratler, Jr. and published by Law Journal Press. This book was released on 2023-08-28 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with Asian & European law.
Download or read book Official Gazette of the United States Patent Office written by and published by . This book was released on 1883 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Law and Practice written by Herbert F. Schwartz and published by . This book was released on 1988 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mapping Legal Innovation written by Antoine Masson and published by Springer Nature. This book was released on 2021-03-01 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever more creative in order to demonstrate their added value. To help lawyers meet this challenge, this book draws on the perspectives of lawyers and creative specialists to analyze the concept and life cycle of legal innovations, techniques and services, whether related to legislation, legal engineering, legal services, or legal strategies, as well as the role of law as a source of creativity and interdisciplinary collaboration.
Download or read book The Government s Classification of Private Ideas written by United States. Congress. House. Committee on Government Operations. Subcommittee on Government Information and Individual Rights and published by . This book was released on 1981 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Rights in Central and Eastern Europe written by Elmar Altvater and published by IOS Press. This book was released on 1998 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of Intellectual Property Rights is of utmost importance for the functioning of the market mechanism in a modern economy based more and more on trade in services and software products. Most Central and Eastern European Countries already dispose on systems of Intellectual Property Rights protection. The law enforcement mechanism in a series of countries, however, must still be strengthened. In one section of the book, the authors give an overview on the institutionalisation of Intellectual Property Rights in Central and Eastern Europe and in some successor states of the former Soviet Union with special regard to Russia. Moreover, Intellectual Property Rights systems in the United States and Western Europe are compared and the rules of WTO were taken under consideration in order to find out their potential for fostering (or hampering) the central and eastern European process of transition. Finally, a deliberation on the historical grounds and theoretical foundations of individual and common property rights with regard to economic and technological innovation is included into the collection. The volume gives a comprehensive overview on the state of Intellectual Property Rights institutionalisation in the course of the process of transition in Central and Eastern Europe.
Download or read book Mueller on Patent Law written by Janice M. Mueller and published by Wolters Kluwer Law & Business. This book was released on 2012 with total page 1902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic principles -- Patent claims -- Patent-eligible subject matter --The enablement requirement -- Best mode requirement --Written description of the invention requirement -- Novelty and no loss of right -- Inventorship-- The nonobviousness requirement --The utility requirement -- Patent prosecution procedures in the USPTO -- Double patenting.
Download or read book Patent and Trademark Office Notices written by United States. Patent and Trademark Office and published by . This book was released on 1986 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Office Fees written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1962 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
