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Author: Norman Siebrasse Publisher: ISBN: Category : Languages : en Pages : 56
Book Description
The emergence of the “promise of the patent” doctrine is an important recent development in Canadian patent law, which primarily impacts pharmaceutical patents. The doctrine holds that if the specification sets out an explicit “promise,” the utility requirement will be satisfied only if the claimed invention delivers on that promise. In practice, the promise of the patent, as set out in the disclosure, is now almost invariably the standard for assessing utility of a pharmaceutical patent. The result is that a patent may be held invalid for lack of utility, notwithstanding that the disclosed invention has sufficient utility to support a valid patent. This article shows that the doctrine originated in English law at a time when the grant of the patent was a discretionary exercise of the royal prerogative, so that the Crown might properly refuse to grant a patent even though it would be upheld by the courts if granted. Consequently, the patent was granted on the basis of all representations made by the applicant, and the promise of the patent doctrine reflected an unwillingness of the courts to second-guess the Crown in the exercise of its prerogative. This article argues that the doctrine is inconsistent with the Canadian Patent Act, under which an applicant is entitled to a patent as a matter of right if the invention satisfies the statutory criteria.
Author: Norman Siebrasse Publisher: ISBN: Category : Languages : en Pages : 56
Book Description
The emergence of the “promise of the patent” doctrine is an important recent development in Canadian patent law, which primarily impacts pharmaceutical patents. The doctrine holds that if the specification sets out an explicit “promise,” the utility requirement will be satisfied only if the claimed invention delivers on that promise. In practice, the promise of the patent, as set out in the disclosure, is now almost invariably the standard for assessing utility of a pharmaceutical patent. The result is that a patent may be held invalid for lack of utility, notwithstanding that the disclosed invention has sufficient utility to support a valid patent. This article shows that the doctrine originated in English law at a time when the grant of the patent was a discretionary exercise of the royal prerogative, so that the Crown might properly refuse to grant a patent even though it would be upheld by the courts if granted. Consequently, the patent was granted on the basis of all representations made by the applicant, and the promise of the patent doctrine reflected an unwillingness of the courts to second-guess the Crown in the exercise of its prerogative. This article argues that the doctrine is inconsistent with the Canadian Patent Act, under which an applicant is entitled to a patent as a matter of right if the invention satisfies the statutory criteria.
Author: Alex Standish Publisher: Bloomsbury Publishing USA ISBN: 1441163379 Category : Education Languages : en Pages : 225
Book Description
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Through the language of global learning, education is being reformed by corporations, political activists, and policy makers. Academic subject-based knowledge has been cast as elitist and outdated for a rapidly-changing world. The curriculum has been colonized in the name of teaching skills and attitudes for the global market and global citizenship. Can young people effectively contribute to society without an education in academic knowledge? Alex Standish argues that we can only educate children about the world if we are clear about the boundaries that provide education with its moral worth. These include the boundaries between: education and political activity, public and private realms, education and training, theoretical and everyday knowledge, communities, and subject disciplines. The False Promise of Global Learning demonstrates that the nature and purpose of education has become confused with social, economic, political, and therapeutic aims, and that control over the curriculum has been taken away from teachers and communities. This is a hard-hitting work that will resonate with all who have a stake in how - and why - we educate our children.
Author: Bernard E. Harcourt Publisher: Harvard University Press ISBN: 9780674038318 Category : Social Science Languages : en Pages : 310
Book Description
This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Author: Bill Hull Publisher: Baker Books ISBN: 1441201033 Category : Religion Languages : en Pages : 320
Book Description
Christ commanded the church to make disciples, to produce people who love and obey God, bear fruit, and live with joy. The crisis at the heart of the church is that we often pay lip service to making disciples, but we seldom put much effort behind doing it. For the pastor who is ready to put words into action, The Disciple-Making Pastor offers the inspiration and practical know-how to do so. Bill Hull shows pastors the obstacles they will face, what disciples really look like, the pastor's role in producing them, and the practices that lead to positive change. He also offers a six-step coaching process to help new disciples grow in commitment and obedience and practical ideas to integrate disciple making into the fabric of the church.
Author: Bill Hull Publisher: Baker Books ISBN: 1441212272 Category : Religion Languages : en Pages : 247
Book Description
Scripture places high priority on the disciplemaking capacity of the church, This book shows how to accomplish it. Foreword by Howard Ball.
Author: Bill Hull Publisher: Baker Books ISBN: 1585581631 Category : Religion Languages : en Pages : 256
Book Description
Thomas doubted. Peter denied. Matthew had a shady past. And most of Jesus' disciples had trouble understanding his true message and mission at times. How did Jesus take lowly fishermen and tax collectors and turn them into some of the most influential men that ever lived? And how can modern church leaders empower regular church members to meet their potential as servants of God? In Jesus Christ, Disciplemaker, Hull outlines Christ's methods in training his twelve disciples and presents a biblical pattern that emulates Christ's model for reaching the lost. By taking readers through four growth phases-evangelizing, establishing, equipping, and leading-Hull shows how these principles can be adapted for any discipler. Jesus Christ, Disciplemaker is the perfect resource for pastors and church leaders who want to learn how to help others grow in God's service.
Author: Todd Oppenheimer Publisher: Random House ISBN: 0307432211 Category : Education Languages : en Pages : 523
Book Description
The Flickering Mind, by National Magazine Award winner Todd Oppenheimer, is a landmark account of the failure of technology to improve our schools and a call for renewed emphasis on what really works. American education faces an unusual moment of crisis. For decades, our schools have been beaten down by a series of curriculum fads, empty crusades for reform, and stingy funding. Now education and political leaders have offered their biggest and most expensive promise ever—the miracle of computers and the Internet—at a cost of approximately $70 billion just during the decade of the 1990s. Computer technology has become so prevalent that it is transforming nearly every corner of the academic world, from our efforts to close the gap between rich and poor, to our hopes for school reform, to our basic methods of developing the human imagination. Technology is also recasting the relationships that schools strike with the business community, changing public beliefs about the demands of tomorrow’s working world, and reframing the nation’s systems for researching, testing, and evaluating achievement. All this change has led to a culture of the flickering mind, and a generation teetering between two possible futures. In one, youngsters have a chance to become confident masters of the tools of their day, to better address the problems of tomorrow. Alternatively, they can become victims of commercial novelties and narrow measures of ability, underscored by misplaced faith in standardized testing. At this point, America’s students can’t even make a fair choice. They are an increasingly distracted lot. Their ability to reason, to listen, to feel empathy, is quite literally flickering. Computers and their attendant technologies did not cause all these problems, but they are quietly accelerating them. In this authoritative and impassioned account of the state of education in America, Todd Oppenheimer shows why it does not have to be this way. Oppenheimer visited dozens of schools nationwide—public and private, urban and rural—to present the compelling tales that frame this book. He consulted with experts, read volumes of studies, and came to strong and persuasive conclusions: that the essentials of learning have been gradually forgotten and that they matter much more than the novelties of technology. He argues that every time we computerize a science class or shut down a music program to pay for new hardware, we lose sight of what our priority should be: “enlightened basics.” Broad in scope and investigative in treatment, The Flickering Mind will not only contribute to a vital public conversation about what our schools can and should be—it will define the debate.
Author: Ian Ayres Publisher: Yale University Press ISBN: 0300127138 Category : Law Languages : en Pages : 316
Book Description
How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book—the first ever devoted to the analysis of promissory fraud—answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
Author: Norman Siebrasse
Author: Norman Siebrasse
Author: Alex Standish
Author: Bernard E. Harcourt
Author: John R Rice
Author: Bill Hull
Author: David S. Kirkwood
Author: Bill Hull
Author: Bill Hull
Author: Todd Oppenheimer
Author: Ian Ayres