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 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 Navigating the Patent System written by James Yang and published by . This book was released on 2017-11-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attention: Inventors and startups! Is the patent system confusing to you? Navigating the Patent System will give you more clarity regarding your potential next steps and increase your confidence as you make your patenting decisions. 7 Core Patent Concepts, Drafting the Patent Application and FAQs during patent process are explained.
Download or read book The British Patent System and the Industrial Revolution 1700 1852 written by Sean Bottomley and published by Cambridge University Press. This book was released on 2014-10-16 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental reassessment of the contribution of patenting to British industrialisation during the eighteenth and nineteenth centuries.
Download or read book Inventing the Industrial Revolution written by Christine MacLeod and published by Cambridge University Press. This book was released on 2002-05-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development of the English patent system and its relationship with technical change during the period between 1660 and 1800, when the patent system evolved from an instrument of royal patronage into one of commercial competition among the inventors and manufacturers of the Industrial Revolution. It analyses the legal and political framework within which patenting took place and gives an account of the motivations and fortunes of patentees, who obtained patents for a variety of purposes beyond the simple protection of an invention. It includes the first in-depth attempt to gauge the reliability of the patent statistics as a measure of inventive activity and technical change in the early part of the Industrial Revolution, and suggests that the distribution of patents is a better guide to the advance of capitalism than to the centres of inventive activity. It also queries the common assumption that the chief goal of inventors was to save labour, and examines contemporary criticism of the patent system in the light of the changing conceptualisation of invention among natural scientists and political economists.
Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
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 An Economic Review of the Patent System written by Fritz Machlup and published by . This book was released on 1958 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.
Download or read book The Patent System and Inventive Activity During the Industrial Revolution 1750 1852 written by H. I. Dutton and published by Manchester University Press. This book was released on 1984 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Economic Impact of the Patent System written by C. T. Taylor and published by CUP Archive. This book was released on 1973-12-06 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Biotechnology and the Patent System written by Claude E. Barfield and published by A E I Press. This book was released on 2007 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.
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 The Battle Over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.
Download or read book The Patent Crisis and How the Courts Can Solve It written by Dan L. Burk and published by ReadHowYouWant.com. This book was released on 2010-10-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...
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 Patent Law and Policy written by Susy Frankel and published by . This book was released on 2014-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The text will outline the history and rationale behind patent law, outline major areas of patent examination, and complexities, provide economic analysis, Maori and patent issues, international trade issues, and specialist patent court and tribunal issues"--Publisher information.
Download or read book Rethinking Patent Law written by Robin Feldman and published by Harvard University Press. This book was released on 2012-06-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.
