The Role of Specification in Claim Interpretation (in the U.S. and Japan) PDF Download

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

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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: Satsuki Hashimoto Terasaki
Publisher:
ISBN:
Category : Foreign licensing agreements
Languages : en
Pages : 76

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Author: Teruo Doi
Publisher: University of Washington Press
ISBN: 9780295955131
Category : Law
Languages : en
Pages : 452

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Book Description

Author: Mindy L. Kotler
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 230

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Book Description

Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
ISBN: 178536412X
Category : LAW
Languages : en
Pages : 512

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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: Toshiko Takenaka
Publisher: Edward Elgar Publishing
ISBN: 1848446179
Category : Law
Languages : en
Pages : 802

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Book Description
The editor of Patent Law and Theory must be congratulated for assembling a concentration of sheer patent law erudition and scholarship. The title is a noteworthy compilation of 26 well-written, remarkably accessible and thought-provoking essays that goes to great lengths in charting the contours of contemporary thought over the the world s oldest regularly established property right . . . it manages to accomplish an ambitious endeavour of providing a comprehensive view of prevailing issues in the field of patent law and other related fields. . . the interested patent law reader will have much to gain from the fecund material found in the large majority of the title s essays. The world s corpus of patent law research is richer with the publication of this title. John A. Tessensohn, European Intellectual Property Review This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation. Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.

Author: Matt Fisher
Publisher: Bloomsbury Publishing
ISBN: 1847313817
Category : Law
Languages : en
Pages : 448

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Book Description
Shortlisted for the 2008 Young Authors Inner Temple Book Prize This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.

Author: United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Foreign Commerce and Tourism
Publisher:
ISBN:
Category : Competition, International
Languages : en
Pages : 100

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Author: United States. Patent Office
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 636

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Book Description
"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.