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Keywords: patent system
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Journal Article
Stem cell patents on a knife edge
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Amina Agovic
Journal of Intellectual Property Law & Practice, Volume 3, Issue 11, November 2008, Pages 718–731, https://doi.org/10.1093/jiplp/jpn161
Published: 30 August 2008
...Amina Agovic The patent system provides incentives to invest in R&D, to make and disclose more inventions, and to reward the risks inherent in taking innovations to the market. 6 Patentability requirements are laid out in national patent laws, but minimum requirements...
Journal Article
Software patents in Europe: the technical requirement dilemma
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Rosa Maria Ballardini
Journal of Intellectual Property Law & Practice, Volume 3, Issue 9, September 2008, Pages 563–575, https://doi.org/10.1093/jiplp/jpn121
Published: 10 July 2008
... approach and national European jurisprudence. Extensive case law in the field shows that the ‘technical requirement’, main pillar of the traditional European patent system, as applied to computer programs, has repeatedly proven inappropriate and confusing. A harmonized system, focusing mainly...
Journal Article
Duration of patent protection: does one size fit all?
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Andrew F. Christie and Fiona Rotstein
Journal of Intellectual Property Law & Practice, Volume 3, Issue 6, June 2008, Pages 402–408, https://doi.org/10.1093/jiplp/jpn060
Published: 09 April 2008
...Andrew F. Christie; Fiona Rotstein This short paper analyses the economic theory on optimum duration of protection, the real world practices of patentees, and the legal practicalities of the current patent system. The economic theory on optimum duration of protection is reviewed in order...
Journal Article
An overview of the judicial protection of patents in China
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Lin Yasong and Marco T. Connor
Journal of Intellectual Property Law & Practice, Volume 3, Issue 3, March 2008, Pages 163–173, https://doi.org/10.1093/jiplp/jpm257
Published: 01 March 2008
... by which patent protection is obtained and enforced in China are rarely understood by outsiders, particular among those who judge the worth of a patent system in accordance to the extent that its own laws and institutions mirror their own. Devised out of a need to respond to international pressures while...
Journal Article
Saint Gobain—patron of pharmaceutical patentees?
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Paul England
Journal of Intellectual Property Law & Practice, Volume 2, Issue 8, AUGUST 2007, Pages 532–539, https://doi.org/10.1093/jiplp/jpm099
Published: 12 July 2007
... of the formulations kind should a face better prospect of surviving invalidity challenges based on obviousness in future. Every patent system that makes a degree of inventive step, a criterion for the grant of a patent is faced with two inevitable and critical problems: how to formulate a test for the presence...
Journal Article
The USPTO strikes back: proposed fundamental changes to the US patent system
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Bryan C. Diner and others
Journal of Intellectual Property Law & Practice, Volume 2, Issue 5, 1 May 2007, Pages 331–337, https://doi.org/10.1093/jiplp/jpm031
Published: 01 May 2007
...Bryan C. Diner; Anthony C. Tridico; John C. Stolpa; Christopher Y. Chan © The Author (2007). Published by Oxford University Press. All rights reserved 2007 The United States patent system is a victim of its own success, as the US Patent and Trademark Office (USPTO) struggles to process an ever...
Journal Article
Essentially biological processes: the interpretation of the exception under Article 53(b) of the European Patent Convention
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Michael A. Kock
Journal of Intellectual Property Law & Practice, Volume 2, Issue 5, 1 May 2007, Pages 286–297, https://doi.org/10.1093/jiplp/jpm028
Published: 01 May 2007
... investment and research activity in the field of biological processes, together with the rising popularity of the patent system, combine to require an urgent re-evaluation of the precise meaning of the excluded term. The author of this article meticulously examines the doctrinal aspects of this issue...
Journal Article
The Trilateral cooperation
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Philip W. Grubb
Journal of Intellectual Property Law & Practice, Volume 2, Issue 6, 1 June 2007, Pages 397–401, https://doi.org/10.1093/jiplp/jpm054
Published: 21 April 2007
.... An ongoing program of exchange of patent examiners between TOs has proved very useful as a way to increase mutual understanding of the patent systems and examination practices in the different Offices. Work is also continuing on an improved form of the IPC classification scheme by which users could access...
Journal Article
Patenting of medical methods—need of the hour
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Elizabeth Verkey
Journal of Intellectual Property Law & Practice, Volume 2, Issue 2, FEBRUARY 2007, Pages 104–113, https://doi.org/10.1093/jiplp/jpl212
Published: 22 December 2006
... research. But these arguments are taken care of by the patent system itself that provides for compulsory licensing. The reality in the pharmaceutical industry shows that medical field is as sensitive to economic factors as any other. Decisions of the Courts in various jurisdictions provide a valuable...
Chapter
Published: 23 March 2007
... is the massive growth of venture capital. We can add to this the institution of the U.S. patent system, which fostered further development of ideas and creativity, especially after such innovations were presented at the Crystal Palace Exhibition of 1851. It is this institutional edge that keeps the U.S. above...
Chapter
The Gathering Storm
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Dan L. Burk and Mark A. Lemley
Published: 15 May 2009
...This book shows that the courts are best situated to deal with the differences in patent policy, and indeed that they already have the tools to do so, provided they have the self-confidence to use them. It describes the wide variance in theories of the patent system, pointing out how neatly...
Chapter
The Industry-Specific Nature of the Patent System
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Dan L. Burk and Mark A. Lemley
Published: 15 May 2009
...This chapter investigates each of the industry-specific characteristics of the patent system. Industry-specific variation affects which companies choose to apply for patents, how many patents they apply for, and how much effort they put into those patents. The value of a patent in encouraging R...
Chapter
Premium Inventions: Patents and Prizes as Incentive Mechanisms in Britain and the United States, 1750–1930
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B. Zorina Khan
Published: 01 October 2011
... their counterparts in Britain, consistent with the view that the more restrictive provision of property rights in new technological knowledge under the British patent system did matter for those involved in inventive activity. The analysis of the prizes that the great inventors were accorded for their discoveries...
Chapter
Forging New Patent Politics Through the Human Embryonic Stem Cell Debates
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Shobita Parthasarathy
Published: 21 February 2017
... and European patent systems had rather different political environments. They were focused on different kinds of concerns and included different experts and stakeholders. The debates were also framed differently. In the United States, the main issue was whether human embryonic stem cell patents stifled...
Chapter
Conclusion
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Shobita Parthasarathy
Published: 21 February 2017
... to the public—which the US and European patent systems have only partially and awkwardly covered but which contemporary societies must learn how to address. brca gene patents distributional impacts of patents in Europe distributional impacts of patents in US human gene patents ideology innovation market...
Book
Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property
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Jonathan M. Barnett
Published online: 17 December 2020
Published in print: 17 January 2021
... imitated and captured by second movers 4.1. How the patent system was restored (1980 1 988) 4 .2. Early- twentieth- century Supreme Court rulings on patent licensing (selected) 4 .3. Characteristics of compulsory-l icensing orders (1941 1 975) 5.1. Leading independent inventors in early radio technology...
Chapter
Trolls and Other Patent Inventions
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B. Zorina Khan
Published: 18 June 2020
... patents Penrose Edith United States deadweight losses European gene therapies monopoly protectionism social welfare software Stiglitz Joseph trade trade secrets guilds patent law patent systems technology eminent domain expropriation free market systems licenses property rights eBay...
Chapter
Published: 18 June 2020
... knowledge spillovers. By contrast, patent systems enhanced the diffusion of information for both patented and unpatentable innovation. These outcomes reflected the design of patent institutions, which explicitly incorporate mechanisms for systematic recording, access, and dispersion of technical information...
Chapter
Obtaining a Granted Patent: National Procedures
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Philip W Grubb and others
Published: 22 December 2016
Chapter
Introduction
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Shobita Parthasarathy
Published: 21 February 2017
...The introduction puts the US and European life form patent controversies into broader context of conflicts over intellectual property rights and science and technology policymaking. It suggests that the rise of social movement engagement with patent systems worldwide is part a broader phenomenon...
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