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"PATENT LAW"
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Innovation and Its Discontents
2011,2008,2004
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.
A guide for implementing a patent strategy : how inventors, engineers, scientists, entrepreneurs, and independent innovators can protect their intellectual property
\"This book is aimed at the innovators who drive the advances from which we all benefit. This includes scientists, engineers, technicians, managers, and entrepreneurs who want to financially benefit from their innovations. The book describes how to build patent portfolios that will properly protect your technology and be of financial benefit. The tools that innovators need to have to generate patents are presented in detail\"-- Provided by publisher.
Parliament, Inventions and Patents
2018
This book is a research guide and bibliography of Parliamentary material, including the Old Scottish Parliament and the Old Irish Parliament, relating to patents and inventions from the early seventeenth century to 1976. It chronicles the entire history of a purely British patent law before the coming into force of the European Patent Convention under the Patents Act 1977. It provides a comprehensive record of every Act, Bill, Parliamentary paper, report, petition and recorded debate or Parliamentary question on patent law during the period.
The work will be an essential resource for scholars and researchers in intellectual property law, the history of technology, and legal and economic history.
Patent intensity and economic growth
\"Economic growth has traditionally been attributed to the increase in national production arising from technological innovation. Nevertheless, the relationship between patents and economic growth remains uncertain. This relationship, which forms the focus of this book, is examined by means of a panel of seventy-nine countries bridging the North-South divide for the period 1996-2013\"-- Provided by publisher.
Patent Failure
2009,2008
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.
Piracy and the state : the politics of intellectual property rights in China
by
Dimitrov, Martin K., 1975- author
in
Intellectual property China.
,
Piracy (Copyright) China.
,
Intellectual property Government policy China.
2011
In this study of intellectual property rights (IPR) in relation to state capacity, Dimitrov offers a systematic analysis of IPR enforcement avenues in China, showing that the high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and serves only to perpetuate IPR violations.
A Comprehensive Patent Practice Form Book
by
Gorzo, David M. Gorzo, David M
in
Patent laws and legislation-United States
,
Patent practice-United States-Forms
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Patent suits-United States-Forms
2024
In light of malpractice risk and increasing workload, it is vital for practitioners to work effectively and efficiently.This manual provides a tool for promoting the quality of application conduct by enhancing mindfulness of the practitioner to procedural options available at any given point during the application protocol.
Real-world prior art
2024
The most fundamental requirement of patent law is that a patented invention must be new. Given the longstanding, foundational nature of this novelty requirement, one might expect its contours to be well settled. Yet some of its most basic aspects remain unresolved. At the center of these unresolved issues lie what we term \"real-world prior art.\"
In patent law, prior art is something that predates an invention and may render it 'not new'. \"Real-world\" prior art activities involve using or selling embodiments of the invention. Consider a few examples. Suppose Aleida demonstrates her invention to members of the public but does not allow them to touch it. Has she put the invention into \"public use,\" thus preventing others from obtaining a patent? Suppose Aleida keeps her invention secret but uses it to provide a commercial service. Has she put the invention into public use or placed it \"on sale\"? Or suppose Aleida offers her invention for sale to Charlise, who declines to purchase it. It is black-letter patent law that after one year passes, Aleida cannot patent this invention. But imagine that Bruno independently develops the same invention. Can he obtain a patent? These questions are not outlandish law school hypotheticals-they are central issues surrounding whether an invention is or is not novel. Yet litigation over these issues has resulted in conflicting outcomes and contradictory explanations, leaving lower courts and the Patent Office to flounder.
In this Article, we sort through this conceptual confusion and propose both doctrinal and institutional changes to elucidate this area of law. We argue that the value of resolving these questions runs much deeper than determining the answer to particular cases. The answers to these questions depend upon-and reveal-the conceptual superstructure of patent law. They implicate patent law's most central questions: What does it mean for an invention to be new and thus patentable? What policy interests does patent law attempt to achieve, and whose interests does it aim to protect? And what are the conditions under which a party has forfeited the opportunity to obtain a patent? By addressing these issues, we endeavor to place the entire jurisprudence of patent novelty on more solid footing.
Journal Article