International Territorial Restrictions Through Patents Under United States Law PDF Download
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Author: Barry E. Hawk
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 30
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Book Description
Author: Barry E. Hawk
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 30
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Book Description
Author: American Bar Association. International Patent and Know-how Licensing Task Force
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 100
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Book Description
This monograph deals with some of the problems under U.S. antitrust law that may be encountered in international patent and know-how licencing.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280526510
Category : Law
Languages : en
Pages : 44
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Book Description
This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Globalization has created increasing pressure on, and erosion of, traditional territorial limits on intellectual property laws. This trend was first seen in trademark and copyright law, but recent decisions have shown the change in patent law as well. Indeed, the Supreme Court is set to review the extraterritorial scope of U.S. law in the case AT&T v. Microsoft. The Federal Circuit's approach to these issues, however, has been inconsistent and lacks a consistent theoretical underpinning. In this paper, I reject both a strict territorial and a broad, effects-based approach to the extraterritorial application of U.S. patent law. Instead, I articulate a balanced approach that would consider not only whether the patent would be infringed under U.S. law but also whether the acts would constitute infringement in the relevant foreign countries. This balanced approach would require courts to transparently address potential conflicts of law and comity concerns, which is currently absent in the Federal Circuit's approach to these issues. The method presented in the Article is a step-by-step process that provides courts with a structured methodology to address and weigh these difficult questions.
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Patents are generally considered to be the most territorial of all the various forms of intellectual property. Even patent law, however, has confronted issues involving the application of a U.S. patent to extraterritorial activity. The Supreme Court has expressed an interest in both issues - the extraterritorial application of U.S. law and patent law. At times, these interests have intersected. Notwithstanding the Court's recent elaborations on extraterritoriality, the approach by the U.S. Court of Appeals for the Federal Circuit has been, at best, inconsistent. At times the court has afforded extraterritorial protection, even in the face of strong territorial language in the patent statute itself. At other times, however, it has approached the issue of extraterritoriality more restrictively, even when the statute itself expressly contemplates the regulation of activities outside of the United States. This dynamic has been addressed by myself and other scholars. More recently, however, the Federal Circuit has addressed the issue of patent damages for extraterritorial activities. These scenarios have arisen because there necessarily has been an act of domestic patent infringement. The damages theory advocated by the patent holder, however, has attempted to ensnare overseas sales, either under a lost profits or reasonable royalty theory. Additionally, the Federal Circuit has begun to address the appropriate scope of damages for infringement under § 271(f) of the Patent Act, a provision that defines infringement as the exportation of all the components of an invention, or a single component with no substantial non-infringing use, where it is to be assembled abroad. Necessarily, this provision contemplates the regulation of foreign markets through the domestic hook of acts of exportation. The Federal Circuit, nevertheless, rejected the patentee's requested remedy in this case. This Article turns to the issue of the extraterritorial reach of patent damages. It analyzes the Federal Circuit's recent pronouncements using the two-step method articulated by the Supreme Court in RJR Nabisco, Inc. v. European Community. This analysis suggests that damages for infringement under various aspects of the Patent Act can be treated differently with respect to extraterritoriality. This Article goes on to suggest that the Federal Circuit's approach lacks nuance to account for the particular economic and legal circumstances that differentiates the different infringement provisions at stake. It draws on earlier work where I advocated for a conflicts-based approach to extraterritorial application of U.S. patents and extends that work to these scenarios, offering a more balanced approach to assessing whether damages are appropriate in these circumstances. Finally, this Article explores whether the various damages theories involved in these cases, regardless of the territorial limits, suggest it is time to revisit the foreseeability/proximate cause aspect of Rite-Hite. The theories of damages seem quite far removed from the actual acts of infringement, even if they occurred within the United States. Some scholars have begun work on this enterprise, and these cases suggest such consideration is ripe.
Author:
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 52
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Book Description
Author: Marketa Trimble
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
There is no global patent that will secure protection for an invention globally, and as the title of the book Global Patents: Limits of Transnational Enforcement (Oxford University Press, 2012) suggests, holders of national patents have a limited ability to enforce their patents across national borders. While national patent systems have undergone significant internationalization in the past 140 years, and international treaties and agreements among national patent offices have been designed to simplify the process of obtaining multiple parallel national patents, patent holders still face significant limitations on where they can protect their inventions, particularly if some holders, such as individuals or small and medium enterprises, are constrained by significantly limited resources. Because of the practical limitations on the territorial scope of patenting, patent holders seek ways to protect their inventions beyond the borders of the countries in which they have secured patents. The third chapter of the book Global Patents: Limits of Transnational Enforcement reviews the various possibilities for extraterritorial extensions of patent protection and their limitations; the chapter employs a comparative perspective of the problem and focuses on the laws of the United States and Germany. The chapter begins with an historical look at the protection of inventions in the means of transportation that have crossed national borders and continues with a discussion of the protection of inventions that are in transit through a country, including the recent controversy concerning customs border measures in the European Union. The chapter explains the extraterritorial reach of provisions that protect the right to offer to sell a patented invention and provisions that aim at preventing the assembly of inventions abroad or preventing secondary infringements of patents through acts committed abroad. To complete the analysis of the extraterritorial reach of patent protection, the chapter reviews instances of territorially divided infringements that consist of acts committed in multiple countries.
Author: United States. Congress. Senate. Judiciary Committee
Publisher:
ISBN:
Category :
Languages : en
Pages : 1446
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Book Description
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Patents are creatures of national law and are generally viewed as the most territorial of all intellectual property rights. Nevertheless, patent law has long deviated from a rule of strict territoriality. On many dimensions, U.S. patent law takes into account activities occurring outside of the United States.This Article looks at various foreign activities that impact U.S. patents and places them into two categories. The first is foreign activities that can render a U.S. patent invalid or unenforceable. Within this category, the Article explores foreign acts that qualify as prior art, particularly after the America Invents Act removed the territorial limits on invalidating public uses and on sale activity. In particular, the Article notes that these forms of prior art create problems in terms of notice. In particular, for on-sale prior art, there could be an interesting choice of law issue: should U.S. law or the law in which the offer is made control whether the activity qualifies as prior art under U.S. law? The Article posits that U.S. law likely will apply, creating a potential conflict. Also in this category are overseas sales of the patented invention that will exhaust the patent rights, now that the Supreme Court's embraced international patent exhaustion in Impression Products, Inc. v. Lexmark International, Inc.The second category are foreign or transnational acts that trigger patent infringement liability and the remedies. The issue of extraterritoriality and damages is particularly salient after the Supreme Court's decision in WesternGeco LLC v. ION Geophysical Corp. Other examples include extraterritorial protection in cases like Decca v. United States and NTP v. Research in Motion, and Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.Interestingly, only the second category has been treated as truly extraterritorial by the courts and implicating the presumption against extraterritoriality. The territorial principle is treated asymmetrically, with foreign publications and acts impacting the validity and enforceability not being deemed extraterritorial, whereas foreign acts in assessing infringement and liability are. Courts silently have embraced this dichotomy, however, without pausing to consider whether it is appropriate.This Article calls the question of what should count as being extraterritorial in patent law. In particular, it argues that the first category - acts impacting validity and enforceability - perhaps should be viewed as extraterritorial. By allowing these foreign acts to invalidate or render unenforceable U.S. patent, it is likely that patent applicants and owners will alter their behaviors in foreign jurisdictions, potentially to the detriment of those markets. For example, in the exhaustion context, it is possible that patent owners in foreign markets will raise prices, could change the product, or withdraw from the market altogether. These represent more indirect forms of regulation of foreign activity that could be deemed as implicating the presumption against extraterritoriality. The Article explores descriptively whether the first category should be deemed as implicating the presumption against extraterritoriality and then offers some prescriptions of the impact utilization of the presumption could have on these doctrines.
Author: Scott A. Cromar
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
With U.S. patent law taking on an ever more international perspective, and with the difficulties faced by businesses that would like to seek protection of their intellectual property internationally, it is increasingly important that the proper territorial scope and reach of patent law is well defined. The question of the exact territorial reach of U.S. patent law is particularly pertinent to transnational “offer to sell” infringement liability -- liability for patent infringement based only on an offer to sell a U.S.-patented product. The Federal Circuit has only very recently directly addressed this issue. This court has acknowledged that when two U.S. companies make an offer to sell in a foreign country, contemplating a sale in the United States, there is potential liability for infringement under U.S. patent laws. The court did not directly address, however, other potential scenarios, such as when two companies make an offer in the United States which contemplates a sale in a foreign country. Thus, although the territorial scope of “offer to sell” infringement is clearer now than it has been in the past, questions still remain. In an effort to provide some clarity to the scope of “offer to sell” infringement, this Note proposes the adoption and application of a clear rule to all “offer to sell” transnational patent infringement cases. This rule, the “Location of the Contemplated Sale” rule, clearly defines the bounds of “offer to sell” infringement under U.S. patent law and specifies that the location of the contemplated sale should control when deciding whether there is “offer to sell” infringement. This rule extends the Federal Circuit's reasoning, providing a clear guide for all potential situations while also respecting the policies underlying “offer to sell” infringement.
