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The American Patent System
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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 The American Patent System by : United States. National Patent Planning Commission
Download or read book The American Patent System written by United States. National Patent Planning Commission and published by . This book was released on 1943 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Patent Politics by : Shobita Parthasarathy
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 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.
Book Synopsis American Patent Law by : Robert P. Merges
Download or read book American Patent Law written by Robert P. Merges and published by Cambridge University Press. This book was released on 2023-02-09 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history.
Book Synopsis Software Rights by : Gerardo Con Diaz
Download or read book Software Rights written by Gerardo Con Diaz and published by Yale University Press. This book was released on 2019-10-22 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other’s place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.
Book Synopsis Invented by Law by : Christopher Beauchamp
Download or read book Invented by Law written by Christopher Beauchamp and published by Harvard University Press. This book was released on 2015-01-05 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander Graham Bell’s invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell’s telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation. Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways. Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today’s patent crisis.
Book Synopsis The Democratization of Invention by : B. Zorina Khan
Download or read book The Democratization of Invention written by B. Zorina Khan and published by Cambridge University Press. This book was released on 2005-09-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2005, examines the evolution and impact of American intellectual property rights during the 'long nineteenth century'.
Book Synopsis Rethinking Patent Law by : Robin Feldman
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.
Book Synopsis Navigating the Patent System by : James Yang
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.
Book Synopsis Reaping the Benefits of Genomic and Proteomic Research by : National Research Council
Download or read book Reaping the Benefits of Genomic and Proteomic Research written by National Research Council and published by National Academies Press. This book was released on 2006-04-09 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.
Book Synopsis The British Patent System and the Industrial Revolution 1700-1852 by : Sean Bottomley
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.
Book Synopsis The Battle Over Patents by : Stephen H. Haber
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.
Book Synopsis General Information Concerning Patents by :
Download or read book General Information Concerning Patents written by and published by . This book was released on 1975 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Not So Obvious written by Jeffrey Schox and published by CreateSpace. This book was released on 2015-09-08 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this book was written by Jeffrey Schox for his course "Patent Law and Strategy for Innovators and Entrepreneurs" at Stanford University. After an introduction to intellectual property, it explores the patent system, the requirements for a patent, infringement, and inventorship and ownership issues. The second edition included the America Invents Act ("AIA"), which transformed the U.S. patent system from a "first-to-invent" system to a "first-inventor-to-file" system. The third edition added a glossary and general edits. The fourth edition includes five additional cases: KSR (Supreme Court 2007), Stanford v. Roche (Supreme Court 2011), Prometheus (Supreme Court 2012), Nautilus (Supreme Court 2014), and Limelight (Fed. Cir. 2015).
Book Synopsis WIPO Guide to Using Patent Information by : World Intellectual Property Organization
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.
