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Policy Options For The Improvement Of The European 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 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 EU Intellectual Property Law and Policy by : Catherine Seville
Download or read book EU Intellectual Property Law and Policy written by Catherine Seville and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author has succeeded in her chief aim in writing this book to introduce a compact and accessible account of EU intellectual property law. . . this book is a useful background and excellent starting point for understanding EU intellectual property law. Jamil Ammar, European Intellectual Property Review This book s innovative contribution is to view EU IP law as a subject in its own right, not just an extra to accounts of national law. The very up-to-date coverage strikes an excellent balance between detail and overview, while Dr Seville also discusses thoughtfully the wider international frameworks, policy issues and debates in which development of EU IP law is enmeshed. Dr Seville fully deserves the gratitude of IP lawyers and students for this outstandingly helpful study. Hector Macqueen, Edinburgh Law School, UK The book is as timely as it is well-written and thorough. The contributions of the EU to most aspects of intellectual property law are increasingly dominant. This treatment places them apart from the national laws of member states, thus emphasising the common core that now they provide. Many will want to study this presentation. William R. Cornish, University of Cambridge, UK Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.
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.
Book Synopsis Patents as an Incentive for Innovation by : Rafal Sikorski
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.
Book Synopsis Index of Decisions by : United States. Federal Service Impasses Panel
Download or read book Index of Decisions written by United States. Federal Service Impasses Panel and published by . This book was released on 1994 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constructing European Intellectual Property by : Christophe Geiger
Download or read book Constructing European Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.
Book Synopsis European Intellectual Property Law by : Justine Pila
Download or read book European Intellectual Property Law written by Justine Pila and published by . This book was released on 2019 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.
Book Synopsis Patenting Genes by : Marta Díaz Pozo
Download or read book Patenting Genes written by Marta Díaz Pozo and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate, and in doing so produces a unique approach to dealing with concerns in this field.
Book Synopsis Intellectual Property Rights in Plant Varieties by : Laurence R. Helfer
Download or read book Intellectual Property Rights in Plant Varieties written by Laurence R. Helfer and published by Food & Agriculture Org.. This book was released on 2004 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
Book Synopsis The Inventiveness Requirement in Patent Law by : Lodewijk W.P. Pessers
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.
Book Synopsis The RFID Roadmap: The Next Steps for Europe by : Gerd Wolfram
Download or read book The RFID Roadmap: The Next Steps for Europe written by Gerd Wolfram and published by Springer Science & Business Media. This book was released on 2008-08-09 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: RFID is a key technology for Europe. Today there is a noticeable shift away from the days of RFID pilot projects, and towards a time where organisations are looking to RFID to drive efficiency and innovation. Although Europe is a leading player in the world of RFID technology, several challenges which are preventing RFID from reaching its full potential need to be addressed. To further the advancement of this technology, coordinated European efforts need to be promoted, specifically in the areas of standardisation, user guidelines, legislation, technology development, and research and development. These themes have been analysed, and clear recommendations have been derived, stating what the different RFID stakeholders can do to support the technology. This book is aimed at decision makers in all fields of society, e.g. in companies, politics, business associations, etc. The publication is a summary of the results of the coordination action CE RFID - "Coordinating European Efforts in the RFID Value Chain" - and is a network of European RFID technology providers, vendors and end users. It aims at promoting the use of RFID technology and supporting further development. The project was funded by the European Commission under the 6th Framework Programme.
Book Synopsis National Developments in the Intersection of IPR and Competition Law by : Hans Henrik Lidgard
Download or read book National Developments in the Intersection of IPR and Competition Law written by Hans Henrik Lidgard and published by Bloomsbury Publishing. This book was released on 2011-05-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, a national network comprised of Swedish universities focusing on recent legal developments within European Union law. In this volume, Swedish researchers with specific interests in European Market law - intellectual property rights, competition and marketing law - have joined forces to review recent Swedish legislation and case-law of particular European interest in national Swedish Courts or the Court of Justice of the European Union ('CJEU'). The volume also includes comments on general EU developments from a Swedish perspective. The essays focus upon a number of significant recent developments, including, amongst others, an essay on a proposed reform to the Swedish Copyright Act, a report of the recent Swedish decision concerning the Mini-Mag, two different analyses of the future for illicit file sharing following the recent Pirate Bay litigation, and essays on refusal to supply and the new Unfair Commercial Practices Directive and its implementation in Sweden.
Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-10-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.
Book Synopsis Collaborative Governance and Public Innovation in Northern Europe by : Annika Agger
Download or read book Collaborative Governance and Public Innovation in Northern Europe written by Annika Agger and published by Bentham Science Publishers. This book was released on 2015-04-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments all over Northern Europe have placed public innovation high on the political agenda and pursuing public innovation through multi-actor collaboration such as public-private partnerships and governance networks appears to have particular potential. Collaborative Governance and Public Innovation in Northern Europe draws up the emergent field of collaborative public innovation research and presents a series of cutting-edge case studies on collaborative forms of governance and public innovation in Northern Europe. The edited volume offers scholarly reflections, empirical testimonies and learning perspectives on recent transformations of governance and the way in which new public policies, services and procedures are formulated, realized and diffused. Through the empirical case studies, the book discusses some of the wider political and social drivers, barriers, promises and pitfalls of collaborative public innovation initiatives in some European nations. Collaborative Governance and Public Innovation in Northern Europe will stimulate debates among scholars and decision-makers on how new forms of collaborative governance might enhance the capacity for public innovation and help in developing solutions to some of the most acute and wicked governance problems of our time.
Book Synopsis Global Dimensions of Intellectual Property Rights in Science and Technology by : National Research Council
Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
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.
