The paradoxes of patenting PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The paradoxes of patenting PDF full book. Access full book title The paradoxes of patenting by Christine MacLeod. Download full books in PDF and EPUB format.
Author: Christine MacLeod
Publisher:
ISBN:
Category : Inventions
Languages : en
Pages : 26
Get Book Here
Book Description
Author: Christine MacLeod
Publisher:
ISBN:
Category : Inventions
Languages : en
Pages : 26
Get Book Here
Book Description
Author: Michael A. Carrier
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The intersection of the patent and antitrust laws presents a formidable paradox. The patent laws increase invention and innovation by offering inventors a right to exclude. The antitrust laws foster competition, sometimes through the condemnation of such exclusion. Courts and commentators have struggled with this conflict for generations. To determine whether a company's patent-based actions constitute monopolization, for example, courts have focused on rebuttable presumptions, the scope of the patent, the intent of the defendant, and the denial of an essential facility. This Article proposes a new reconciliation of the patent and antitrust laws. It proffers a common denominator by which the laws can be measured and compared: innovation. And it offers a test that courts should apply when evaluating monopolists' patent-based activity under Section 2 of the Sherman Act. The test takes the form of a rebuttable presumption that proceeds in three steps: (1) a presumption that, as long as the monopolist has a justification for the patent-based action other than harming competitors, the conduct is lawful; (2) a rebuttal if competition (and not patents) is responsible for innovation in the industry; and (3) a surrebuttal by which the monopolist can demonstrate that the relevant market in the industry is characterized by innovation. The centerpiece of the analysis is the rebuttal, which evaluates three ex ante factors (the presence of market-based incentives to innovate, the ease of creating the patented product, and the difficulty of imitating the product) and the ex post factor of the cumulative nature of innovation in the industry. If both the ex ante and ex post factors reveal the primacy of competition in attaining innovation in an industry, then the rebuttal will be met. The Article concludes by applying the test to three hypothetical patentee monopolists: the Bully Monopolist, the Biopharmaceutical Patentee, and the Internet Auctioneer.
Author: Arnaud Gasnier
Publisher: Eburon Uitgeverij B.V.
ISBN: 9059722302
Category : Intellectual capital
Languages : en
Pages : 282
Get Book Here
Book Description
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 48
Get Book Here
Book Description
Under the Federal Circuit's current law, the doctrine of equivalents protects only those technologies that arise after the patent issues. This state of affairs creates a curious paradox: the patentee is afforded protection for that which she did not possess, which runs counter to the general view that patents afford protection for the inventor's creation.This paper explores this paradox and offers two possible means of reconciling it based on principles of fairness. First, patentees should only be protected under the doctrine of equivalents for changes in technology that arise from outside their field of technology. While seemingly simple in application, this approach fails to link the scope of protection to the patent's disclosure.The second would provide protection under the doctrine of equivalents if the patent's disclosure would enable the asserted equivalent at the time of infringement. The patent's disclosure is therefore allowed to grow over time, providing insurance against the patent's obsolescence and effectively extending its life span. This approach offers a better theoretical fit in that it ties the right to exclude to the patent's disclosure. It would provide considerable protection to the patentee, however.In order to keep the doctrine of equivalence in check -- either under the status quo or under the Article's proposal -- the author suggests that those who infringe under the doctrine of equivalents should not be subject to permanent injunctions. In other words, the doctrine of equivalents would operate pursuant to a liability rule, not a property rule. This shift is particularly appropriate given the high transaction costs surrounding patent scope, and particularly equivalency. In this way, the interest of the patentee can be protected to some extent, balanced by the interest in third parties in being able to practice their later-developed technologies.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309048338
Category : Political Science
Languages : en
Pages : 457
Get Book Here
Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author: Sean Bottomley
Publisher: Cambridge University Press
ISBN: 1107058295
Category : Business & Economics
Languages : en
Pages : 347
Get Book Here
Book Description
A fundamental reassessment of the contribution of patenting to British industrialisation during the eighteenth and nineteenth centuries.
Author: Matt Fisher
Publisher: Bloomsbury Publishing
ISBN: 1847313817
Category : Law
Languages : en
Pages : 448
Get Book Here
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: Shobita Parthasarathy
Publisher: University of Chicago Press
ISBN: 022643799X
Category : History
Languages : en
Pages : 299
Get Book Here
Book Description
Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.
Author: Stephen H. Haber
Publisher: Oxford University Press
ISBN: 019757615X
Category : Business & Economics
Languages : en
Pages : 393
Get Book Here
Book Description
This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.
Author: Claire L. Jones
Publisher: Manchester University Press
ISBN: 1526113546
Category : Medical
Languages : en
Pages : 273
Get Book Here
Book Description
This book explores the development of modern transatlantic prosthetic industries in nineteenth and twentieth centuries and reveals how the co-alignment of medicine, industrial capitalism, and social norms shaped diverse lived experiences of prosthetic technologies and in turn, disability identities. Through case studies that focus on hearing aids, artificial tympanums, amplified telephones, artificial limbs, wigs and dentures, this book provides a new account of the historic relationship between prostheses, disability and industry. Essays draw on neglected source material, including patent records, trade literature and artefacts, to uncover the historic processes of commodification surrounding different prostheses and the involvement of neglected companies, philanthropists, medical practitioners, veterans, businessmen, wives, mothers and others in these processes.
