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Patent Subject Matter Eligibility

Patent Subject Matter Eligibility PDF Author: Paul W. Browning
Publisher:
ISBN: 9781787424463
Category :
Languages : en
Pages : 200

Book Description
Patentees file applications in more and more countries every year, with nearly four million PCT applications filed since the Patent Cooperation Treaty came into force in 1978. Yet prosecuting patents in different countries can be challenging. Each country has its own laws for pursuing patent applications and achieving enforceable patents, and local patent law varies widely on the issue of patent eligibility.This title explores patent-eligible subject matter across major jurisdictions and technologies. With succinct discussions of case law, patent office practices, and practical prosecution strategies, this guide is intended to help patent practitioners determine where to consider filing applications, the risks and benefits of certain claim types and language, and how to increase the strength of their clients' global patent portfolios.The varying case law and eligibility issues relating to electrical, computer, biological, pharmaceutical and chemical arts in a variety of jurisdictions will be covered, as well as relevant statistics and key topics such as the impact of new technology in this field.Written by experts in their respective jurisdictions, countries featured in this title include:China;the European Patent Office, including separate sections on France, Germany, and the United Kingdom;India;Japan; andthe United States.Knowing the prior art and having definite claim language is not always enough to obtain strong patent claims. It is therefore crucial to understand the differences in patent eligibility in different countries. With the costs necessary to file and prosecute a patent in each country, practitioners and patentees alike will appreciate this book to assist in understanding which types of applications have the best chance of success.

Perspectives on Patentable Subject Matter

Perspectives on Patentable Subject Matter PDF Author: Michael B. Abramowicz
Publisher: Cambridge University Press
ISBN: 1107070910
Category : Business & Economics
Languages : en
Pages : 433

Book Description
Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.

Patent Subject Matter Eligibility

Patent Subject Matter Eligibility PDF Author: Paul W. Browning
Publisher:
ISBN: 9781787424463
Category :
Languages : en
Pages : 200

Book Description
Patentees file applications in more and more countries every year, with nearly four million PCT applications filed since the Patent Cooperation Treaty came into force in 1978. Yet prosecuting patents in different countries can be challenging. Each country has its own laws for pursuing patent applications and achieving enforceable patents, and local patent law varies widely on the issue of patent eligibility.This title explores patent-eligible subject matter across major jurisdictions and technologies. With succinct discussions of case law, patent office practices, and practical prosecution strategies, this guide is intended to help patent practitioners determine where to consider filing applications, the risks and benefits of certain claim types and language, and how to increase the strength of their clients' global patent portfolios.The varying case law and eligibility issues relating to electrical, computer, biological, pharmaceutical and chemical arts in a variety of jurisdictions will be covered, as well as relevant statistics and key topics such as the impact of new technology in this field.Written by experts in their respective jurisdictions, countries featured in this title include:China;the European Patent Office, including separate sections on France, Germany, and the United Kingdom;India;Japan; andthe United States.Knowing the prior art and having definite claim language is not always enough to obtain strong patent claims. It is therefore crucial to understand the differences in patent eligibility in different countries. With the costs necessary to file and prosecute a patent in each country, practitioners and patentees alike will appreciate this book to assist in understanding which types of applications have the best chance of success.

A Patent System for the 21st Century

A Patent System for the 21st Century PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309089107
Category : Science
Languages : en
Pages : 186

Book Description
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.

Innovation and Its Discontents

Innovation and Its Discontents PDF Author: Adam B. Jaffe
Publisher: Princeton University Press
ISBN: 1400837340
Category : Business & Economics
Languages : en
Pages : 253

Book Description
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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

General Information Concerning Patents

General Information Concerning Patents PDF Author:
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 52

Book Description


A Guide to Filing a Utility Patent Application

A Guide to Filing a Utility Patent Application PDF Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 24

Book Description


A Guide to Filing a Design Patent Application

A Guide to Filing a Design Patent Application PDF Author:
Publisher:
ISBN:
Category : Design protection
Languages : en
Pages : 48

Book Description


Genes and Ingenuity

Genes and Ingenuity PDF Author: Australia. Law Reform Commission
Publisher: Virago Press
ISBN:
Category : Genes
Languages : en
Pages : 690

Book Description
Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.

WIPO Guide to Using Patent Information

WIPO Guide to Using Patent Information PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280526510
Category : Law
Languages : en
Pages : 44

Book Description
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.