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Reforming Us Patent Policy
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Book Synopsis Reforming U.S. Patent Policy by : Keith Eugene Maskus
Download or read book Reforming U.S. Patent Policy written by Keith Eugene Maskus and published by Council on Foreign Relations Press. This book was released on 2006 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report argues that reforms of the U.S. patent system have suceeded in limiting the competition of ideas, discouraging innovation, and ultimately reducing U.S. competitiveness.
Book Synopsis The Changing Face of US Patent Law and Its Impact on Business Strategy by : D.R. Cahoy
Download or read book The Changing Face of US Patent Law and Its Impact on Business Strategy written by D.R. Cahoy 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: 'Daniel Cahoy and Lynda Oswald have brought together some of the country's most prominent patent scholars outside the legal discipline. From the LeahySmith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.' Peter K. Yu, Drake University Law School, US Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy. The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit's special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades. This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.
Book Synopsis The Advisory Commission on Patent Law Reform by : United States. Advisory Commission on Patent Reform
Download or read book The Advisory Commission on Patent Law Reform written by United States. Advisory Commission on Patent Reform and published by . This book was released on 1992 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 21st Century Innovation Systems for Japan and the United States by : National Research Council
Download or read book 21st Century Innovation Systems for Japan and the United States written by National Research Council and published by National Academies Press. This book was released on 2009-05-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognizing that a capacity to innovate and commercialize new high-technology products is increasingly a key for the economic growth in the environment of tighter environmental and resource constraints, governments around the world have taken active steps to strengthen their national innovation systems. These steps underscore the belief of these governments that the rising costs and risks associated with new potentially high-payoff technologies, their spillover or externality-generating effects and the growing global competition, require national R&D programs to support the innovations by new and existing high-technology firms within their borders. The National Research Council's Board on Science, Technology, and Economic Policy (STEP) has embarked on a study of selected foreign innovation programs in comparison with major U.S. programs. The "21st Century Innovation Systems for the United States and Japan: Lessons from a Decade of Change" symposium reviewed government programs and initiatives to support the development of small- and medium-sized enterprises, government-university- industry collaboration and consortia, and the impact of the intellectual property regime on innovation. This book brings together the papers presented at the conference and provides a historical context of the issues discussed at the symposium.
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 U.S. Patent System Reform, Abuse and Disputes by : Frances Parker
Download or read book U.S. Patent System Reform, Abuse and Disputes written by Frances Parker and published by . This book was released on 2011 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congressional interest in patent reform has increased as the patent system becomes more significant to U.S. industry. Patent ownership is perceived as an incentive to the technological advancement that leads to economic growth. Yet, this augmented attention to patents has been accompanied by persistent concerns about the fairness and effectiveness of the current system. Several studies, including those by the National Academy of Sciences and the Federal Trade Commission, recommended reform of the patent system to address perceived deficiencies in the operation of the patent regime. This book provides an overview of current patent reform issues including a summary of the structure of the current patent system and the role of patents in innovation policy. Also discussed are patent quality, the high costs of patent litigation, international harmonisation, and speculation in patents, which have motivated the reform proposals.
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 Reform written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congressional interest in patent policy and possible patent reform has expanded as the importance of intellectual property to innovation has increased. Patent ownership is perceived as an incentive to the technological advancement that leads to economic growth. However, growing interest in patents has been accompanied by persistent concerns about the fairness and effectiveness of the current system. Several recent studies, including those by the National Academy of Sciences and the Federal Trade Commission, have recommended patent reform to address perceived deficiencies in the operation of the patent regime. Other experts maintain that major alterations in existing law are unnecessary and that the patent process can, and is, adapting to technological progress. The Patent Act of 2005, H.R. 2795, introduced in June 2005, would work significant legal reforms to the patent system. Among the more notable of these changes are a shift to a first-inventor-to-file priority system; substantive and procedural modifications to the patent law doctrines of willful infringement and inequitable conduct; and adoption of post-issuance opposition proceedings, prior user rights, and pre-issuance publication of all pending applications. Several of these proposals have been the subject of discussion within the patent community for many years, but others are more novel propositions. Pending legislation attempts to address several issues of concern including the quality of issued patents, the expense and complexity of patent litigation, harmonization of U.S. patent law with the laws of our leading trading partners, potential abuses committed by patent speculators, and the special needs of individual inventors, universities, and small firms with respect to the patent system. In addition, although the existing patent statute in large measure applies the same basic rules to different sorts of inventions, regardless of the technological field of that invention, the patent system is widely believed to impact different industries in varying ways. The provisions of H.R. 2795 would arguably work the most sweeping reforms to the U.S. patent system since the nineteenth century. However, many of these proposals, such as pre-issuance publication, prior user rights, and oppositions, have already been implemented in U.S. law to a more limited extent. These and other reforms, such as the first-inventor-to-file priority system and elimination of the best mode requirement, also reflect the decades-old patent practices of Europe, Japan, and our other leading trading partners. Other knowledgeable observers are nonetheless concerned that certain of these proposals would weaken the patent right, thereby diminishing needed incentives for innovation. Some also believe that changes of this magnitude, occurring at the same time, do not present the most prudent course for the patent system. Patent reform therefore confronts Congress with difficult legal, practical, and policy issues, but also with apparent possibilities for altering and possibly improving the legal regime that has long been recognized as an engine of innovation within the U.S. economy.
Book Synopsis Innovation and Its Discontents by : Adam B. Jaffe
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.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher : ISBN 13 : Total Pages :120 pages Book Rating :4.0/5 ( download)
Book Synopsis American Innovation at Risk by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Download or read book American Innovation at Risk written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2007 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights Publisher : ISBN 13 : Total Pages :916 pages Book Rating :4.:/5 (319 download)
Book Synopsis Patent Law Revision by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights
Download or read book Patent Law Revision written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights and published by . This book was released on 1967 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 1042, similar S. 1691, S. 2164, and S. 2597, and related bills S. 2 and S. 1377, to revise the Patent Act to simplify the patent award process and to establish procedures to make patents less vulnerable to court challenges.
Book Synopsis A Five Part Plan for Patent Reform by : Charles Duan
Download or read book A Five Part Plan for Patent Reform written by Charles Duan and published by Createspace Independent Publishing Platform. This book was released on 2014-05 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: What's going on with the patent system? You may have heard terms like "patent trolls" and "patent reform" in the news, because fixing the patent system has become a major topic for lawmakers today. Patents are based on a simple concept of encouraging inventions. But around this simple concept, a complicated system of laws has grown. This book will guide you through the fast-changing world of patent law and policy, identifying some of the most pressing problems with the system and suggesting ways to fix them. A Five Part Plan for Patent Reform is part of a white paper series by Public Knowledge, a nonprofit technology policy organization based in Washington, DC. Public Knowledge focuses on promoting the consumer and public interests at the intersection of technology and law.
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 2004-09-01 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 An Economic Review of the Patent System by : Fritz Machlup
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.
Book Synopsis The Patent Crisis and How the Courts Can Solve It by : Dan L. Burk
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...
Book Synopsis The Political Economy of Patent Policy Reform in the United States by : Frederic M. Scherer
Download or read book The Political Economy of Patent Policy Reform in the United States written by Frederic M. Scherer and published by . This book was released on 2006 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores a paradox: the extensive tilt toward strengthened patent laws in the United States and the world economy during the 1980s and 1990s, even as economic research was revealing that patents played a relatively unimportant incentive role in most large companies' research and development investment decisions. It proceeds by tracing the political and evidence-based history of several major initiatives: the Bayh-Dole and Stevenson-Wydler Acts of 1980, the creation of the Court of Appeals for the Federal Circuit in 1982, the Hatch-Waxman Act of 1984, changes in antitrust presumptions, and the inclusion of TRIPS provisions in the new international trade rules emerging in 1993 from the Uruguay Round. An excursion follows into the relatively sudden ascent of the term "intellectual property" as a form of propaganda. Suggestions for further policy reforms are offered.
Book Synopsis A Method for Reforming the Patent System by : Peter S. Menell
Download or read book A Method for Reforming the Patent System written by Peter S. Menell and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principal recent studies of patent reform (NAS (2004), FTC (2003), Jaffe and Lerner (2004)) contend that a uniform system of patent protection must (or should) be available for anything under the sun made by man based upon one or more of the following premises: (1) the Patent Act requires such breadth and uniformity of treatment; (2) discriminating against any particular field of technology would be undesirable; (3) discrimination among technologies would present insurmountable boundary problems and could easily be circumvented through clever patent drafting; and (4) interest group politics stand in the way of excluding any subject matter classes from patent law or reforming the patent law requirements, duration, defenses, or remedies for a particular subject matter class. As a result, these studies consider and recommend reforms that would apply to all fields of patentable subject matter (systemic reforms) and largely ignore reforms that would either bar particular classes of technology from patent protection (e.g., software, business method, genomic sequences) or afford different classes of patentable subject matter different requirements or remedies (categorical reforms). This article sets forth a method for evaluating and formulating patent policy that considers both systemic and categorical reforms and sketches out how that method could be applied to the current patent crisis.
