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Empirical Evidence On The Inventive Step
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Book Synopsis Empirical Evidence on the Inventive Step by : Hazel V. J. Moir
Download or read book Empirical Evidence on the Inventive Step written by Hazel V. J. Moir and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The height of the inventive step is critical in balancing the costs and benefits of patent systems. This empirical analysis assesses this, using the economic yardstick of how much new knowledge is required for patent grant. But examiners and courts ask a different question - is it obvious? This creates a much lower standard, reinforced by continual amendment, semantic minutiae and the suggestion doctrine for combinations. The result is that many granted patents contribute no new knowledge and therefore no benefits to offset their costs. Such a low inventive step likely impedes rather than encourages innovation.
Book Synopsis On the Effectiveness of Novelty and Inventive Step as Patentability Requirements - Structural Empirical Evidence Using Patent Indicators by : Markus G. Reitzig
Download or read book On the Effectiveness of Novelty and Inventive Step as Patentability Requirements - Structural Empirical Evidence Using Patent Indicators written by Markus G. Reitzig and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Novelty and non-obviousness (inventive step) are patentability requirements designed to ensure a minimum of technological quality for protected inventions. Their effectiveness requires the assumption that private values of patents are positively correlated with technological quality as defined by the patent offices. This premise is taken for granted in classical industries and has recently been taken up for revision in "modern" patenting areas like business methods, but is untested for either one of them. This paper suggests an original test to disentangle the impact of (objective) technological quality - as defined by the patent offices - on private patent value. To do so, the theoretical links between private values of patents, technological invention quality, incentives to oppose patents before the European Patent Office (EPO), and observable patent characteristics are translated into a structural discrete choice equation model. Applying the model to polymer patent data between 1978 and 1990, the paper eventually confirms the assumption that for the chosen sample, objective technological quality enhances the private value of a patent and supports the effectiveness of novelty and inventive step as policy levers. At the same time, the paper refines the understanding of how patent-based measures such as citations are correlated with a patent's commercial value.
Book Synopsis On a Road to Nowhere ─ The Absence of Any Inventive Step in Standard Patents by : Hazel V. J. Moir
Download or read book On a Road to Nowhere ─ The Absence of Any Inventive Step in Standard Patents written by Hazel V. J. Moir and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on case law and the results of an empirical study, this paper demonstrates that the height of the inventive step in Australia is close to zero and substantially different from the "significant advance over what is known" advised to the Australian parliament in 2011. To "raise" the height of the inventiveness requirement for the second-tier patent system to the very low standard required for standard patents is therefore a waste of time.
Book Synopsis Patent Policy and Innovation by : Hazel V. J. Moir
Download or read book Patent Policy and Innovation written by Hazel V. J. Moir and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔJust how inventive are inventions? More to the point, just how inventive are the inventions covered by patents? Not very, according to Hazel Moir, and there is no reason to doubt her conclusions. She has spent years in painstakingly analysis of dozens of business method patents in Australia and elsewhere. She finds. . . [t]hey are no more than strategic devices intended to annoy and disrupt commercial competition and confuse the market. . . Hazel Moir is a patent expert beholden to no patent theory and no patent interests. In consequence, her research is fresh and inspired. Her conclusion Ð that patents describe and protect obvious combinations of old ideas and trivial variations Ð may not be confined to business methods. It is a conclusion that demands the consideration of policymakers.Õ Ð Stuart Macdonald, Aalto University, Helsinki, Finland ÔThis book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that. . . patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.Õ Ð Rochelle Dreyfuss, New York University School of Law, US ÔHazel MoirÕs book deserves to become a classic. Between its covers one will find writing of great clarity and data that reveal the real world costs of the patent system. After reading MoirÕs analysis, one wonders what the actual social benefits of the patent system might be. This is evidence-based analysis at its best.Õ Ð Peter Drahos, Australian National University and Queen Mary, University of London, UK ÔThis book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that, despite the intuitions of economists, social scientists, lawyers, judges, and even some inventors, patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.Õ Ð Rochelle Dreyfuss, New York University School of Law, US This empirical study uses a scientifically selected sample of patents to assess patent quality. The careful evaluation of the assumptions in alternative economic theories about the generation and diffusion of new knowledge demonstrates that the height of the inventive step is critical to effective and efficient patent policy. The book provides a practical introduction to the policy rules affecting the grant of patents, particularly the rules making the inventive step so low. It also offers insights into interactions between examiners and applicants during the patent application process. Finally, the book compares how the rules about inventiveness operate in the USPTO, the EPO and the Australian Patent Office, gives new insights into business method patenting and offers suggestions for raising the height of the inventive step. Patent Policy and Innovation will appeal to academics researching in the patent field, economists, innovation and industry policy advisors, patent policy makers, NGO policy advisors and patent practitioners.
Book Synopsis THE ADOPTION AND ADAPTION OF OPEN INNOVATION: EMPIRICAL EVIDENCE FROM THE BIOTECHNOLOGY INDUSTRY by : RAFAELA KUNZ
Download or read book THE ADOPTION AND ADAPTION OF OPEN INNOVATION: EMPIRICAL EVIDENCE FROM THE BIOTECHNOLOGY INDUSTRY written by RAFAELA KUNZ and published by Archers & Elevators Publishing House. This book was released on with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Patents in the Knowledge-Based Economy by : National Research Council
Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Book Synopsis Research Handbook on Empirical Studies in Intellectual Property Law by : Estelle Derclaye
Download or read book Research Handbook on Empirical Studies in Intellectual Property Law written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.
Book Synopsis Economics, Law and Intellectual Property by : Ove Granstrand
Download or read book Economics, Law and Intellectual Property written by Ove Granstrand and published by Springer Science & Business Media. This book was released on 2013-04-18 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property has rapidly become one of the most important, as well as most controversial, subjects in recent years amongst productive thinkers of many kinds all over the world. Scientific work and technological progress now depend largely on questions of who owns what, as do the success and profits of countless authors, artists, inventors, researchers and industrialists. Economic, legal and ethical issues play a central role in the increasingly complex balance between unilateral gains and universal benefits from the "knowledge society". Economics, Law and Intellectual Property explores the field in both depth and breadth through the latest views of leading experts in Europe and the United States. It provides a fundamental understanding of the problems and potential solutions, not only in doing practical business with ideas and innovations, but also on the level of institutions that influence such business. Addressing a range of readers from individual scholars to company managers and policy makers, it gives a unique perspective on current developments.
Book Synopsis Managing Value Capture by : Timo Fischer
Download or read book Managing Value Capture written by Timo Fischer and published by Springer Science & Business Media. This book was released on 2011-08-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: How some firms manage to capture more value than others is a question central to practitioners and researchers alike. In this context, Timo Fischer conducts three empirical studies.
Book Synopsis Sourcebook on Intellectual Property Law by : Peter Groves
Download or read book Sourcebook on Intellectual Property Law written by Peter Groves and published by Cavendish Publishing. This book was released on 1997-05 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive view of UK patent, trademark, copyright and design law, together with the law of confidentiality and passing off.
Book Synopsis Holyoak and Torremans Intellectual Property Law by : Paul Torremans
Download or read book Holyoak and Torremans Intellectual Property Law written by Paul Torremans and published by Oxford University Press, USA. This book was released on 2019 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trademark, imaging and character rights are explored, providing readers with a cutting edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further.
Book Synopsis The Next Wave of Sociotechnical Design by : Leona Chandra Kruse
Download or read book The Next Wave of Sociotechnical Design written by Leona Chandra Kruse and published by Springer Nature. This book was released on 2021-07-27 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the thoroughly refereed proceedings of the 16th International Conference on Design Science Research in Information Systems and Technology, DESRIST 2021, held in Kristiansand, Norway, in August 2021.* The 24 revised full research papers, included in the volume together with 6 short contributions and 7 prototype papers, were carefully reviewed and selected from 78 submissions. They are organized in the following topical sections: impactful sociotechnical design; problem and contribution articulation; design knowledge for reuse; emerging methods and frameworks for DSR; DSR and governance; the new boundaries of DSR. *Apart from the planned on-site event, the hybrid conference model was explored due to the Covid-19 pandemic.
Book Synopsis Judicial Coherence in the European Patent System by : Baldan, Federica
Download or read book Judicial Coherence in the European Patent System written by Baldan, Federica and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.
Download or read book Patent Policy written by Pia Weiss and published by Routledge. This book was released on 2010-04-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights have become increasingly important for our modern economies in recent years. Although the entire patent system has a profound effect on the decision of firms of whether to conduct research and at which volume, patent law is the heart of the entire patent system. Therefore, this book focuses on the economic effects of certain provisions in patent law by using economic models dedicated to patent policy. The first part of the book presents a brief overview over the history of patent systems and introduces the main components of modern patent systems. A short introduction of the principal provisions of US patent law constitutes the centre of the subsequent analysis as it serves as a link between law and economics. The second part presents core economic models for central provisions, collecting the most fundamental results in a national framework in the field of literature. Part three is concerned with selected provisions of patent law in an international framework. It provides valuable insights into the situation of developing countries which are the chief recipients of technology transfers. Patent Policy will be of interest to researchers interested in the field of modelling patent policy. It can be also used as supplementary text in courses in Industrial Organization, Innovation Economics and Law and Economics.
Book Synopsis A Patent System for the 21st Century by : National Research Council
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.
Book Synopsis WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge by : Anil K. Gupta (professor.)
Download or read book WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge written by Anil K. Gupta (professor.) and published by WIPO. This book was released on 2004 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this study is to identify and explore the role of intellectual property rights in sharing the benefits arising from the use of biological resources and associated traditional knowledge. It was commissioned in response to Decision IV/9 of the Conference of the Parties to the Conventional on Biological Diversity, and highlights the need, when genetic resources are first accessed, for a understanding of intellectual property issues, as they relate to traditional knowledge of biological resources.
Book Synopsis The Economics of Intellectual Property: Empirical evidence, trade secrets, and trademarks by : Ruth Towse
Download or read book The Economics of Intellectual Property: Empirical evidence, trade secrets, and trademarks written by Ruth Towse and published by . This book was released on 2002 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative four-volume collection presents the most important published articles and papers on the economics of intellectual property - a subject that is of increasing interest to both economists and lawyers. Interest is growing in the relationship of innovation and knowledge to economic growth as well as the challenges to copyright being posed by the new electronic media. International in scope, this set should be a valuable source of reference to both economists and lawyers concerned with the rapidly developing field of intellectual property.
