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 The Evolution of the Inventiveness Requirement written by and published by . This book was released on 2015 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution of Patent Policy written by Hazel V. J. Moir and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists assume there is new knowledge or know-how embedded in patented inventions. This new knowledge should result in spillover benefits which can provide dynamic efficiency gains to offset the static efficiency losses of the patent system. Unfortunately this assumption is out-of-date. 'Novelty' and 'inventiveness' are used as a proxies for new knowledge, but over time judges have introduced detailed legal doctrines (policy rules) limiting how these proxies work. These ignore the issue of new knowledge. Most existing knowledge is disallowed in assessing novelty, and the quantum of inventiveness required is, in Australia, a scintilla. This evolution in innovation policy seems never to have been evaluated - case law precedents have generally been simply incorporated into statute law. This paper traces this evolution, following the major legal decisions reducing the quantum of inventiveness required in Australia for grant of a standard patent. It commences with a short comparison of economic and legal approaches to the issue of patentability (section 2). By focusing on the economic rationale for grant of a monopoly for an invention, one can assess whether the legal proxies adopted are likely to sufficiently mirror the underlying rationale to produce positive economic outcomes. This section also provides a short exposition of the legal approach to patent grant, including the key elements in the complex legal approach to 'inventiveness'. The main section of the paper then reviews the key doctrines and the legal decisions underlying them. The final section of the paper discusses the extent to which statute law is (or is not) amended to fix problems created by economically unsound decisions. During 2009 IP Australia undertook what it described as an exercise in improving "the Australian patent system as a vehicle to support innovation" (IP Australia 2009a: 1). Issues addressed included the knowledge used in determining inventiveness and part of the test for inventiveness. These consultations fed into the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. Despite these "raising the bar" consultations and amendments the inventive step requirement for an Australian patent remains virtually non-existent. Replacing the proxy tests of novelty and inventiveness with a more direct test of the contribution to knowledge or know-how is considered.
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 Patent Law in Global Perspective written by Professor Ruth L. Okediji and published by Oxford University Press. This book was released on 2014-02-27 with total page 400 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. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.
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 Comparative Patent Remedies written by Prof. Thomas F. Cotter and published by Oxford University Press. This book was released on 2013-03-06 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Download or read book Perceptual Interpretation Cumulative Perceptual Assimilation in Fundamental Essential Theory written by Johnathan Q. Smythe and published by Xlibris Corporation. This book was released on 2004-04-19 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no available information at this time.
Download or read book What is Life The Next Fifty Years written by Michael P. Murphy and published by Cambridge University Press. This book was released on 1997-03-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Erwin Schrödinger's book What is Life? had a tremendous influence on the development of molecular biology, stimulating scientists such as Watson and Crick to explore the physical basis of life. Much of the appeal of Schrödinger's book lay in its approach to the central problems in biology - heredity and how organisms use energy to maintain order - from a physicist's perspective. At Trinity College, Dublin a number of outstanding scientists from a range of disciplines gathered to celebrate the fiftieth anniversary of What is Life? and following Schrödinger's example fifty years previously, presented their views on the current central problems in biology. The contributors to this volume include Stephen Jay Gould, Roger Penrose, Jared Diamond, Manfred Eigen, John Maynard Smith, Christien de Duve and Lewis Wolpert. This collection is essential reading for anyone interested in biology and its future.
Download or read book Evolutionary Methods in Biotechnology written by Susanne Brakmann and published by John Wiley & Sons. This book was released on 2006-03-06 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miniturization and high throughput assay technology have brought the power of molecular evolution to the bioscience laboratory. Applied wisely, the evolutionary approach can quickly yield the desired result even where other methods have failed. From library generation by random or directed mutagenesis to screening and selection techniques -- the crucial steps for successful evolutionary biotechnology are described in detail in this practical guide that also includes valuable troubleshooting hints on frequently encountered problems. Modern methods for the surface display of peptides and proteins, selective enrichment of nucleic acid aptamers and high-throughput screening of industrial biocatalysts are explained, and computer-based methods for in silico protein and RNA engineering are described as an alternative to in vitro approaches. A special section covers the patenting regulations with regard to biotechnological innovations derived from directed evolution. As an added bonus, a CD-ROM is included that contains software tools for library design, selection of mutagenesis positions, and various predictive algorithms. In short, this practice oriented handbook is an indispensable tool for every scientist working in this interdisciplinary research area.
Download or read book STEALING FROM THE SARACENS written by DIANA. DARKE and published by Oxford University Press. This book was released on 2024 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Nature written by Aurélie Choné and published by Routledge. This book was released on 2017-05-18 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary ideas of nature were largely shaped by schools of thought from Western cultural history and philosophy until the present-day concerns with environmental change and biodiversity conservation. There are many different ways of conceptualising nature in epistemological terms, reflecting the tensions between the polarities of humans as masters or protectors of nature and as part of or outside of nature. The book shows how nature is today the focus of numerous debates, calling for an approach which goes beyond the merely technical or scientific. It adopts a threefold – critical, historical and cross-disciplinary – approach in order to summarise the current state of knowledge. It includes contributions informed by the humanities (especially history, literature and philosophy) and social sciences, concerned with the production and circulation of knowledge about "nature" across disciplines and across national and cultural spaces. The volume also demonstrates the ongoing reconfiguration of subject disciplines, as seen in the recent emergence of new interdisciplinary approaches and the popularity of the prefix "eco-" (e.g. ecocriticism, ecospirituality, ecosophy and ecofeminism, as well as subdivisions of ecology, including urban ecology, industrial ecology and ecosystem services). Each chapter provides a concise overview of its topic which will serve as a helpful introduction to students and a source of easy reference. This text is also valuable reading for researchers interested in philosophy, sociology, anthropology, geography, ecology, politics and all their respective environmentalist strands.
Download or read book From Babylon to the Silicon Valley written by Nuno Pires de Carvalho and published by Kluwer Law International B.V.. This book was released on 2020-03-20 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Babylon to the Silicon Valley—The Origins and Evolution of Intellectual Property A Sourcebook Nuno Pires de Carvalho At its core, intellectual property today is the same as it was six thousand years ago: an instrument for the assertion of the identities of merchants and manufacturers in their struggle to lure customers with honesty and fairness. It arises spontaneously whenever and wherever entrepreneurs carry out their professions in an environment of competition. This masterful book, the first of its kind, presents more than two hundred sources going back to ancient Egypt, sharply detailing the evolution of intellectual property right up to its current prominence in global trade and international law. Highlighting important moments in the evolution of the intellectual property, the author—one of the world’s best known authorities in the field—assembles his chosen sources in a way that sheds definitive light on such aspects as the following: early origins in the appropriation of differentiating assets by merchants and manufacturers; evolution of trademark law up to the adoption of the TRIPS Agreement; evolution of patent law, demonstrating in detail how English and U.S. courts moulded its modern interpretation; differentiation of industrial designs; the comparatively modern development of trade secrets law; origins and evolution of international protection through treaties and free trade agreements; and the prodigious expansion of intellectual property law in the past few decades to previously unprotected areas of business and professional activity. The sources—many translated into English for the first time—are preceded when appropriate by brief notes explaining their context and relevance. The book closes with a chapter on contemporary debates, such as new areas of protection and new social controversies. As a compilation of sources that would be otherwise unavailable to most readers, this factual and impartial account of why and how intellectual property has emerged and evolved is a treasure trove for all those interested in how the imperatives of civilization have designed and continue to design the scope and the limits of intellectual property. The book will be warmly welcomed by practitioners seeking a deeper understanding of their working tools, as well as by academics, government officials, and relevant international organizations around the world.
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 The Ethics of Patenting DNA written by Nuffield Council on Bioethics and published by . This book was released on 2002 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper questions whether the application of the patent system to DNA sequences achieves its goals of stimulating innovation for the public good and rewarding people for useful new inventions. Even if DNA sequences are considered eligible for patenting, they must also be novel, inventive, and useful. The application of these criteria has not been stringently applied. In future, patents asserting rights over DNA sequences should become the exception rather than the norm.
Download or read book Southern Crossroads written by Walter Conser and published by University Press of Kentucky. This book was released on 2010-09-12 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South has always been one of the most distinctive regions of the United States, with its own set of traditions and a turbulent history. Although often associated with cotton, hearty food, and rich dialects, the South is also noted for its strong sense of religion, which has significantly shaped its history. Dramatic political, social, and economic events have often shaped the development of southern religion, making the nuanced dissection of the religious history of the region a difficult undertaking. For instance, segregation and the subsequent civil rights movement profoundly affected churches in the South as they sought to mesh the tenets of their faith with the prevailing culture. Editors Walter H. Conser and Rodger M. Payne and the book’s contributors place their work firmly in the trend of modern studies of southern religion that analyze cultural changes to gain a better understanding of religion’s place in southern culture now and in the future. Southern Crossroads: Perspectives on Religion and Culture takes a broad, interdisciplinary approach that explores the intersection of religion and various aspects of southern life. The volume is organized into three sections, such as “Religious Aspects of Southern Culture,” that deal with a variety of topics, including food, art, literature, violence, ritual, shrines, music, and interactions among religious groups. The authors survey many combinations of religion and culture, with discussions ranging from the effect of Elvis Presley’s music on southern spirituality to yard shrines in Miami to the archaeological record of African American slave religion. The book explores the experiences of immigrant religious groups in the South, also dealing with the reactions of native southerners to the groups arriving in the region. The authors discuss the emergence of religious and cultural acceptance, as well as some of the apparent resistance to this development, as they explore the experiences of Buddhist Americans in the South and Jewish foodways. Southern Crossroads also looks at distinct markers of religious identity and the role they play in gender, politics, ritual, and violence. The authors address issues such as the role of women in Southern Baptist churches and the religious overtones of lynching, with its themes of blood sacrifice and atonement. Southern Crossroads offers valuable insights into how southern religion is studied and how people and congregations evolve and adapt in an age of constant cultural change.
Download or read book Patent Law and Theory written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editor of Patent Law and Theory must be congratulated for assembling a concentration of sheer patent law erudition and scholarship. The title is a noteworthy compilation of 26 well-written, remarkably accessible and thought-provoking essays that goes to great lengths in charting the contours of contemporary thought over the the world s oldest regularly established property right . . . it manages to accomplish an ambitious endeavour of providing a comprehensive view of prevailing issues in the field of patent law and other related fields. . . the interested patent law reader will have much to gain from the fecund material found in the large majority of the title s essays. The world s corpus of patent law research is richer with the publication of this title. John A. Tessensohn, European Intellectual Property Review This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation. Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.
