Patent Enforcement in the US, Germany and Japan PDF Download

Author: Toshiko Takenaka
Publisher:
ISBN: 9780191668456
Category :
Languages : en
Pages : 523

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Book Description
A wide-ranging and comparative analysis of patent law enforcement in the United States, Germany, and Japan.

Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
ISBN: 178536412X
Category : Copyright
Languages : en
Pages : 507

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Book Description
This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.

Author: Christopher Heath
Publisher: Bloomsbury Publishing
ISBN: 1782259767
Category : Law
Languages : en
Pages : 840

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Book Description
This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

Author: Jochen Bühling
Publisher: Kluwer Law International B.V.
ISBN: 9041182780
Category : Law
Languages : en
Pages : 531

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Book Description
When a party develops a ‘second medical use’ for a known substance or compound, special issues of patentability arise. Jurisdictions around the world vary significantly in their treatment of such claims. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of second medical use claims in nineteen jurisdictions worldwide as well as the European Union. The authors of the country chapters have been carefully selected based on a broad basis of experience and in-depth knowledge about medical patents in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection; • validity of claims; • scope of protection; • enforcement; and • infringement. A general chapter about the practice of the European Patent Office (EPO) addresses in particular the latest changes in the format of second medical use claims from the “Swiss-type claims” to the “EPC 2000 claims”. Specific issues and national peculiarities which deviate from the EPO practice are explained in the various national European chapters, while chapters on jurisdictions outside Europe cover both prosecution and enforcement of patents with second medical use claims. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book will prove of tremendous practical interest for the industry involved and for the public. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. This book is the second volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI).

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309167183
Category : Political Science
Languages : en
Pages : 352

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Book Description
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.

Author: Giovanni Pitruzzella
Publisher: Kluwer Law International
ISBN: 9789041159274
Category : Antitrust law
Languages : en
Pages : 0

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Book Description
Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?

Author: Toshiko Takenaka
Publisher:
ISBN: 9780199679201
Category : Law
Languages : en
Pages : 0

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Book Description
The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas. This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets. Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.

Author: Michael C. Elmer
Publisher:
ISBN: 9781682674642
Category : Patent laws and legislation
Languages : en
Pages :

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Book Description

Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379

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Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280532014
Category : Law
Languages : en
Pages : 237

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Book Description
This authoritative report analyzes IP activity around the globe. Drawing on 2019 filing, registration and renewals statistics from national and regional IP offices and WIPO, it covers patents, utility models, trademarks, industrial designs, microorganisms, plant variety protection and geographical indications. The report also draws on survey data and industry sources to give a picture of activity in the publishing industry.