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Author: Gunjan Chawla Arora Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
An invention, to be patentable, must be novel, must have an inventive step and must be capable of being industrially applicable. A patentable invention must be much more than a mere workshop improvement and must be claimed in a manner that exhibits a departure from the claims made in the prior art. Thus, drafting the patent claims and their appropriate interpretation by the Courts play a crucial role in the grant of patent and litigating a suit for infringement. The outcome of a patent infringement suit depends upon judicial interpretation of the claims of the alleged infringers' product with that of the patentee to determine whether the former falls within the scope of the limitations of the latter. In case the same is proved, infringement stands proved beyond doubt. Conversely, in cases where the defendant makes use of the defence of invalidity against the said patent, the courts shall again determine the validity of the patent in question by construing the claims made in the said patent with those claimed in the prior art. Hence, the claim construction plays a crucial role in determining the validity of a patent and its continued existence. The Markman hearing is one such patent claim interpretation form that the courts generally employ in almost every patent infringement suit. It is a clear and doubtless understanding of the claim format that helps in understanding and successfully interpreting the claims, which mere 'training and discipline” of the judges can't give. In order to be successful, a Markman hearing claim construction must be conducted by the Jury or scientific advisers and experts, versed with the techno-legal terms of claims.
Author: Gunjan Chawla Arora Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
An invention, to be patentable, must be novel, must have an inventive step and must be capable of being industrially applicable. A patentable invention must be much more than a mere workshop improvement and must be claimed in a manner that exhibits a departure from the claims made in the prior art. Thus, drafting the patent claims and their appropriate interpretation by the Courts play a crucial role in the grant of patent and litigating a suit for infringement. The outcome of a patent infringement suit depends upon judicial interpretation of the claims of the alleged infringers' product with that of the patentee to determine whether the former falls within the scope of the limitations of the latter. In case the same is proved, infringement stands proved beyond doubt. Conversely, in cases where the defendant makes use of the defence of invalidity against the said patent, the courts shall again determine the validity of the patent in question by construing the claims made in the said patent with those claimed in the prior art. Hence, the claim construction plays a crucial role in determining the validity of a patent and its continued existence. The Markman hearing is one such patent claim interpretation form that the courts generally employ in almost every patent infringement suit. It is a clear and doubtless understanding of the claim format that helps in understanding and successfully interpreting the claims, which mere 'training and discipline” of the judges can't give. In order to be successful, a Markman hearing claim construction must be conducted by the Jury or scientific advisers and experts, versed with the techno-legal terms of claims.
Author: Ben Depoorter Publisher: Edward Elgar Publishing ISBN: 1789903998 Category : Law Languages : en Pages : 1504
Book Description
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Author: James Bessen Publisher: Princeton University Press ISBN: 1400828694 Category : Law Languages : en Pages : 346
Book Description
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.
Author: Michael Brint Publisher: Westview Press ISBN: Category : Law Languages : en Pages : 424
Book Description
A work which addresses the question: What constructive role can pragmatism play, either in structuring public debate or in dealing with life'. The contributors examine what pragmatism can offer in the way of a positive social programme in the field of law and political science.
Author: National Academies of Sciences, Engineering, and Medicine Publisher: National Academies Press ISBN: 0309388570 Category : Social Science Languages : en Pages : 525
Book Description
Decades of research have demonstrated that the parent-child dyad and the environment of the familyâ€"which includes all primary caregiversâ€"are at the foundation of children's well- being and healthy development. From birth, children are learning and rely on parents and the other caregivers in their lives to protect and care for them. The impact of parents may never be greater than during the earliest years of life, when a child's brain is rapidly developing and when nearly all of her or his experiences are created and shaped by parents and the family environment. Parents help children build and refine their knowledge and skills, charting a trajectory for their health and well-being during childhood and beyond. The experience of parenting also impacts parents themselves. For instance, parenting can enrich and give focus to parents' lives; generate stress or calm; and create any number of emotions, including feelings of happiness, sadness, fulfillment, and anger. Parenting of young children today takes place in the context of significant ongoing developments. These include: a rapidly growing body of science on early childhood, increases in funding for programs and services for families, changing demographics of the U.S. population, and greater diversity of family structure. Additionally, parenting is increasingly being shaped by technology and increased access to information about parenting. Parenting Matters identifies parenting knowledge, attitudes, and practices associated with positive developmental outcomes in children ages 0-8; universal/preventive and targeted strategies used in a variety of settings that have been effective with parents of young children and that support the identified knowledge, attitudes, and practices; and barriers to and facilitators for parents' use of practices that lead to healthy child outcomes as well as their participation in effective programs and services. This report makes recommendations directed at an array of stakeholders, for promoting the wide-scale adoption of effective programs and services for parents and on areas that warrant further research to inform policy and practice. It is meant to serve as a roadmap for the future of parenting policy, research, and practice in the United States.
Author: Great Britain. Ministry of Justice Publisher: The Stationery Office ISBN: 9780117064034 Category : Law Languages : en Pages : 388
Book Description
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Author: Anne P. Sweet Publisher: Guilford Press ISBN: 9781572308923 Category : Language Arts & Disciplines Languages : en Pages : 244
Book Description
This practical book grows out of a recent report written by the RAND Reading Study Group (RRSG), which proposed a national research agenda in the area of reading comprehension. Here, RRSG members have expanded on their findings and translated them into clear recommendations to inform practice. Teachers gain the latest knowledge about how students learn to comprehend texts and what can be done to improve the quality of instruction in this essential domain. From leading literacy scholars, the book explains research-based ways to: *Plan effective instruction for students at all grade levels *Meet the comprehension needs of English-language learners *Promote adolescents' comprehension of subject-area texts *Understand the complexities of comprehension assessment *Get optimal benefits from instructional technologies *And much more!
Author: Susan Carey Publisher: Oxford Series in Cognitive Dev ISBN: 0199838801 Category : Medical Languages : en Pages : 609
Book Description
Carey begins by characterizing the innate starting point for conceptual development, namely systems of core cognition. Representations of core cognition are the output of dedicated input analyzers, as with perceptual representations, but these core representations differ from perceptual representations in having more abstract contents and richer functional roles. Carey argues that the key to understanding cognitive development lies in recognizing conceptual discontinuities in which new representational systems emerge that have more expressive power than core cognition and are also incommensurate with core cognition and other earlier representational systems. Finally, Carey fleshes out Quinian bootstrapping, a learning mechanism that has been repeatedly sketched in the literature on the history and philosophy of science. She demonstrates that Quinian bootstrapping is a major mechanism in the construction of new representational resources over the course of children's cognitive development.
Author: Paul Bloom Publisher: MIT Press ISBN: 9780262523295 Category : Psychology Languages : en Pages : 324
Book Description
How do children learn that the word "dog" refers not to all four-legged animals, and not just to Ralph, but to all members of a particular species? How do they learn the meanings of verbs like "think," adjectives like "good," and words for abstract entities such as "mortgage" and "story"? The acquisition of word meaning is one of the fundamental issues in the study of mind. According to Paul Bloom, children learn words through sophisticated cognitive abilities that exist for other purposes. These include the ability to infer others' intentions, the ability to acquire concepts, an appreciation of syntactic structure, and certain general learning and memory abilities. Although other researchers have associated word learning with some of these capacities, Bloom is the first to show how a complete explanation requires all of them. The acquisition of even simple nouns requires rich conceptual, social, and linguistic capacities interacting in complex ways. This book requires no background in psychology or linguistics and is written in a clear, engaging style. Topics include the effects of language on spatial reasoning, the origin of essentialist beliefs, and the young child's understanding of representational art. The book should appeal to general readers interested in language and cognition as well as to researchers in the field.
Author: Gunjan Chawla Arora
Author: Gunjan Chawla Arora
Author: Ben Depoorter
Author: James Bessen
Author: Michael Brint
Author: National Academies of Sciences, Engineering, and Medicine
Author: Great Britain. Ministry of Justice
Author: Anne P. Sweet
Author: 
Author: Susan Carey
Author: Paul Bloom