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Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 44
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Book Description
Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 44
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Book Description
Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309086361
Category : Political Science
Languages : en
Pages : 352
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Book Description
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Author: Travis J. Lybbert
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 32
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Book Description
In this paper, the authors describe and explore a new algorithmic approach to constructing concordances between the International Patent Classification (IPC) system and industry classification systems that organize economic data. This ‘Algorithmic Links with Probabilities’ (ALP) approach incorporates text analysis software and keyword extraction programs and applies them to a comprehensive patent dataset. The authors conclude with a discussion on some of the possible applications of the concordance and provide a sample analysis that uses their preferred ALP concordance to analyze international patent flows based on trade patterns.
Author: James Bessen
Publisher: Princeton University Press
ISBN: 1400828694
Category : Law
Languages : en
Pages : 346
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Book Description
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.
Author:
Publisher: DIANE Publishing
ISBN: 1428951938
Category :
Languages : en
Pages : 129
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Book Description
Author: D. Daniel Sokol
Publisher: Cambridge University Press
ISBN: 1316861902
Category : Law
Languages : en
Pages : 326
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Book Description
Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.
Author: Douglas Clark
Publisher: Oxford University Press, USA
ISBN: 0199730253
Category : Law
Languages : en
Pages : 313
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Book Description
In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.
Author: Shobita Parthasarathy
Publisher: University of Chicago Press
ISBN: 022643785X
Category : History
Languages : en
Pages : 299
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Book Description
Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
Author: Rafal Sikorski
Publisher: Kluwer Law International B.V.
ISBN: 9403524146
Category : Law
Languages : en
Pages : 480
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Book Description
Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264056440
Category :
Languages : en
Pages : 162
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Book Description
This manual provides guiding principles for the use of patent data in the context of S&T measurement, and recommendations for the compilation and interpretation of patent indicators in this context.
