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Author: Toshiko Takenaka Publisher: Wiley-VCH ISBN: Category : Law Languages : en Pages : 350
Book Description
Patents have become a vital tool in the international exploitation of advancing technologies. There is no issue of greater significance to patent law than the interpretation of claims, since these measure the scope of protection granted. This study analyzes patent claim interpretation in three leading jurisdictions, the United States, Germany and Japan. Starting from well-established concepts such as literal infringement, the doctrine of equivalents and prosecution history estoppel, the author demonstrates significant differences in their application by reference to case examples. These differences are explained in historical and policy terms. The need for a clear-cut, harmonized standard of claim interpretation throughout the world is urgent. As an aid towards that goal, the final chapter of this study contains a proposal for aligning still divergent legal principles. Interpreting Patent Claims takes its place alongside two other studies of related aspects of patent rights in the IIC Studies Series: Benyamini's Patent Infringement in the European Community (Vol. 13, 1993) and Gilat's Experimental Use and Patents (Vol. 16, 1995). Together these objective and informed discussion form an essential contribution to debates on central issues of intellectual property law and policy.
Author: Toshiko Takenaka Publisher: Wiley-VCH ISBN: Category : Law Languages : en Pages : 350
Book Description
Patents have become a vital tool in the international exploitation of advancing technologies. There is no issue of greater significance to patent law than the interpretation of claims, since these measure the scope of protection granted. This study analyzes patent claim interpretation in three leading jurisdictions, the United States, Germany and Japan. Starting from well-established concepts such as literal infringement, the doctrine of equivalents and prosecution history estoppel, the author demonstrates significant differences in their application by reference to case examples. These differences are explained in historical and policy terms. The need for a clear-cut, harmonized standard of claim interpretation throughout the world is urgent. As an aid towards that goal, the final chapter of this study contains a proposal for aligning still divergent legal principles. Interpreting Patent Claims takes its place alongside two other studies of related aspects of patent rights in the IIC Studies Series: Benyamini's Patent Infringement in the European Community (Vol. 13, 1993) and Gilat's Experimental Use and Patents (Vol. 16, 1995). Together these objective and informed discussion form an essential contribution to debates on central issues of intellectual property law and policy.
Author: Bernd Hansen Publisher: Kluwer Law International B.V. ISBN: 9041142789 Category : Law Languages : en Pages : 842
Book Description
More than 60 authors – supreme and high court judges, law professors, legal specialists in corporate and private practice – from Europe, East Asia, and the United States contribute original essays to this excellent compilation of the current issues regarding the laws and practices in intellectual property in Europe and Japan. The articles cover a broad spectrum of subjects, including the procedural implications of litigation, international jurisdiction, doctrines of exhaustion, utility model systems and practice, and employed inventor’s compensation, as well as the special aspects of pharmaceutical patenting such as obtaining supplementary protection certificates. Many of the articles also include a comparative analysis of the laws and practices in both geographical regions or deal with the same legal issues but in different jurisdictions, for instance: the reform of the Japanese judicial system to establish an IP-based nation; the role of patent firms in the economic development of Japan; disclosure requirements in Japan: a judge's view; I.P. High Court decisions on inventive step; international jurisdiction in Japan, Europe and the United States; patent infringement by multiple parties in Japan; patent exhaustion in Japan; corporate remuneration systems for employees' inventions in Japan and Germany; the present and future of Japan's utility model system; notable differences between Korean and German patent infringement and invalidation practices; fifteen years of the Eurasian Patent System; the future European and EU Patents Court; opposition proceedings at the EPO: tips for success; the interaction between infringement and invalidity decisions in German patent disputes; protection of confidential information in patent litigation in the UK and Germany; interpretation and determination of the scope of patents by the French Courts; provocative thoughts on the patenting of new pharmaceuticals; Obama Care: implications for research pharmaceutical companies; and many others.
Author: Johann Pitz Publisher: ISBN: 9783406650758 Category : Languages : en Pages : 207
Book Description
Présentation de l'éditeur : "This book gives a systematic comparative overview of the characteristic principles of patent enforcement proceedings in the US, Japan and Germany, ie the major jurisdictions where patent holders might seek for legal remedies in parallel proceedings. Content overview : survey matter of infringement ; claims of the patent holder and objections of the infringer ; pre-procedural measures ; infringement proceedings ; procedural principles."
Author: Michael Beurskens Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The system of peripheral drafting has prevailed over central claim drafting in the European Patent Organization, the United States and Japan. Patent claims are supposed to be as abstract as possible to cover as much ground literally as possible. This development - while not worrisome as such - has lead to the expected but unwanted result of overbroad claims unintentionally covering items either not invented or part of the prior art. These issues are well-known in equivalency but usually lead to (partial) invalidity in cases of literal claim interpretation. A second side-effect of broad claim language are inventions covering parts of another invention with surprising properties (selection invention), especially in the field of chemistry. Even though the original patent might cover the combination (either literally or by equivalence) the new invention might be a significant, non-obvious step forward. The German Federal Supreme Court had the opportunity to discuss these issues in its decisions Blasenfreie Gummibahn I/II. While the European Patent Office is extremely critical of broad claims, the German Federal Supreme Court noted that broad claims are not invalid as such. However in most cases such inventions will lack non-obviousness unless they can clearly distinguish themselves from prior art. This paper questions the central point of the decision, whether interpretation of patent claims may never be limiting to patent-scope. In cases where the claim is overbroad, but the ambiguous wording can be interpreted reasonably by the court there seems little reason to (partially) avoid the patent. Instead (like with interpretation in general) both extension and restriction must be considered. Using the perspective of a reasonable person skilled in the art is a working method in determining patent scope. If such a person would not read as much into the claim as a non-skilled individual there is no danger to the public. Otherwise the a process the void the patent will quickly turn out to be a process of unnecessarily rewriting and/or clarifying claims which are already sufficiently clear to its intended audience, i.e. persons skilled in the art. As a result it is not proposed to move back to a system of precise claims expanded upon by an effective doctrine of equivalency but instead to apply a restrictive interpretation of claim language wherever a reasonable person skilled in the art would intuitively do so. The doctrine of equivalence and the broad literal claim interpretation practiced in German patent law must be accompanied by an equally efficient system of reasonably eliminating items evidently not meant to be covered.
Author: Matt Fisher Publisher: Bloomsbury Publishing ISBN: 1847313817 Category : Law Languages : en Pages : 448
Book Description
Shortlisted for the 2008 Young Authors Inner Temple Book Prize This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.
Author: Toshiko Takenaka
Author: Toshiko Takenaka
Author: Toshiko Takenaka
Author: Joon Kook Park
Author: Bernd Hansen
Author: Toshiko Takenaka
Author: Johann Pitz
Author: Michael Beurskens
Author: Takashi Matsumoto
Author: Ronald J. Kubovcik
Author: Matt Fisher