The Patent Claim Interpretation in the United States, Japan, and Korea PDF Download

Author: Joon Kook Park
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 166

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Book Description

Author: Toshiko Takenaka
Publisher: Wiley-VCH
ISBN:
Category : Law
Languages : en
Pages : 350

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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:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 572

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Book Description

Author: Bernd Hansen
Publisher: Kluwer Law International B.V.
ISBN: 9041142789
Category : Law
Languages : en
Pages : 842

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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: Takashi Matsumoto
Publisher:
ISBN:
Category : Japan
Languages : en
Pages :

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Author: Zhe Peng
Publisher:
ISBN:
Category : Claims
Languages : en
Pages : 269

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Book Description
In the current U.S. and Chinese patent law, claims define the scope of patent rights. Despite the special care given to write patent claims, the meanings of claim terms are still disputed from time to time in litigation. Interpreting claims to determine the scope of a patent is the first and most crucial step in patent infringement. This dissertation focuses on a comparative study of claim interpretation in the United States and China and addresses the question of whether the law of claim interpretation functions similarly or differently in the two countries. To examine the law in the United States, this dissertation mainly focuses on cases and statutes, while using literature such as treatises, law reviews, journal articles, and books as secondary references. When examining the law in China, this dissertation also focuses on some sources of information that are unique in the Chinese legal system. In addition to cases and statutes, a judicial interpretation is an important primary authority. Policy documents issued by the Supreme People's Court and speech notes from the judicial conferences are important documents in understanding the law. This dissertation has also looked into a special kind of literature: the articles and books published by Chinese judges. This kind of literature not only contains academic comments on patent law, but also serves as judges' testimonies on their understanding of patent law and the lawmaking process. This dissertation reveals the differences and similarities in the functions of the law. Though the U.S. patent law and Chinese patent law have very different conceptual frameworks and U.S. and Chinese courts define some rules for claim interpretation by different terms, some of these differences are artificial, and the law functions similarly to lead to a similar scope of protection. The U.S. law and Chinese law define a few rules in very similar expressions. However, the functions of those rules are not necessarily the same in the two legal systems. Based on the comparative study, this dissertation offers a policy proposal to balance the incentives to invent with the legal certainty to protect the public interest.

Author: Satoru Nagasaka
Publisher:
ISBN:
Category : Patent infringement
Languages : en
Pages : 128

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Book Description

Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9041194207
Category : Law
Languages : en
Pages : 748

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Book Description
Japanese Patent Law Cases and Comments Edited by Christopher Heath & Atsuhiro Furuta About the Editors: Christopher Heath is a judge at the European Patent Office and former head of the Max Planck Institute’s Asian Department. Atsuhiro Furuta is an administrative judge at the Japanese Patent Office. He graduated with a Master’s in Physics from the University of Tokyo and for two years was a guest researcher at the Max Planck Institute for Patent, Copyright and Competition Law in Munich. About this book: Japanese Patent Law is the first comprehensive work in English on all aspects of Japanese patent law presenting 66 cases with expert explanatory comments from academics, attorneys, judges and Japanese Patent Office officials. While not a common law jurisdiction, Japanese patent law in the past 20 years has been shaped by landmark decisions of the Supreme Court and, since 2005, the IP High Court. Approaching Japanese patent law via landmark decisions is arguably the most comprehensive manner of understanding the subject matter. Many of the cases appear in English for the first time. What’s in this book: Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following: definition of an invention; assessment of prior art, novelty and inventive step; rights of co-inventors; disclaimers, corrections and amendments; scope and limits of patent protection; distinction between repair and reconstruction; doctrine of equivalents; domestic and international jurisdiction in patent matters; interim proceedings and measures; defence of invalidity; damage calculation; patent term extension system; and utility models. Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context. How this will help you: With the wealth of knowledge it makes available – leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure – this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.

Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 24

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Book Description

Author: Robert P. Merges
Publisher: Harvard University Press
ISBN: 0674049489
Category : Law
Languages : en
Pages : 422

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Book Description
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.