A New Theory For Patent Subject Matter Eligibility
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A New Theory For Patent Subject Matter Eligibility
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Author : Austen Zuege
language : en
Publisher:
Release Date : 2014
A New Theory For Patent Subject Matter Eligibility written by Austen Zuege and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
A new theory for patent subject matter eligibility is presented that attempts to unify and clarify Supreme Court precedent surrounding the "preemption" doctrine and a long-standing insistence on an inventive contribution or "quid pro quo" to justify any patent grant. An economic approach is adopted, taking influence from Thorstein Veblen's industrial/pecuniary dichotomy. It is suggested that the alleged solution to an underlying (technical) problem should be assessed, and only claims that recite a productive, technical solution should be deemed to satisfy patent eligibility requirements in the United States. Such an approach would decrease reliance on the machine-or-transformation test and would allow courts and the Patent Office to limit patentability to contributions to the common stock of technical proficiency that deal with productive wealth creation, while at the same time excluding from patent eligibility pecuniary activities that relate only to unproductive wealth extraction.
Patent Subject Matter Eligibility
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Author : Paul W. Browning
language : en
Publisher:
Release Date : 2021-08-31
Patent Subject Matter Eligibility written by Paul W. Browning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with categories.
Patentees file applications in more and more countries every year, with nearly four million PCT applications filed since the Patent Cooperation Treaty came into force in 1978. Yet prosecuting patents in different countries can be challenging. Each country has its own laws for pursuing patent applications and achieving enforceable patents, and local patent law varies widely on the issue of patent eligibility.This title explores patent-eligible subject matter across major jurisdictions and technologies. With succinct discussions of case law, patent office practices, and practical prosecution strategies, this guide is intended to help patent practitioners determine where to consider filing applications, the risks and benefits of certain claim types and language, and how to increase the strength of their clients' global patent portfolios.The varying case law and eligibility issues relating to electrical, computer, biological, pharmaceutical and chemical arts in a variety of jurisdictions will be covered, as well as relevant statistics and key topics such as the impact of new technology in this field.Written by experts in their respective jurisdictions, countries featured in this title include:China;the European Patent Office, including separate sections on France, Germany, and the United Kingdom;India;Japan; andthe United States.Knowing the prior art and having definite claim language is not always enough to obtain strong patent claims. It is therefore crucial to understand the differences in patent eligibility in different countries. With the costs necessary to file and prosecute a patent in each country, practitioners and patentees alike will appreciate this book to assist in understanding which types of applications have the best chance of success.
Perspectives On Patentable Subject Matter
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Author : Michael B. Abramowicz
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-28
Perspectives On Patentable Subject Matter written by Michael B. Abramowicz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-28 with Business & Economics categories.
Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.
Patent Subject Matter Eligibility
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Author : Rajendra Kumar Bera
language : en
Publisher:
Release Date : 2016
Patent Subject Matter Eligibility written by Rajendra Kumar Bera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
We address a fundamental question: “What is patentable subject matter under the patent act?” The present confusion and rise in opportunistic patent litigation seen in the U.S. today is due to the three judicially created exceptions to the U.S. Patent Act's broad patent-eligibility principles: 'laws of nature, natural phenomena, and abstract ideas' whose scope and validity are questionable. Here we examine the exceptions from the perspective of post-1900 understanding of physics, mathematics, algorithms, computations, life sciences, and information theory. We conclude that the exceptions are irrational and anachronistic. The judiciary's lack of expertise in science, technology, engineering, and mathematics (STEM) has made the patent system unstable by continuing to err in holding that the laws of Nature are known to mankind and form “part of the storehouse of knowledge of all men” and “free to all men and reserved exclusively to none.” In fact, the real laws of Nature are unknown and likely to remain so forever; physicists “know” them only as conjectures open to refutation. We also point out deep existing connections between biotechnology and software and explain why both are patentable subject matter -- they are two sides of the same coin. Our perspective leads us to suggest a definition for patentable subject matter and provide fundamental tests for patentability. Finally, for efficient working of the patent system, we suggest the creation of a statutory body, the Patent Validation Board, whose decisions on patent validity and extent of patent infringement will be final and binding on the courts. The courts should decide only non-STEM matters, e.g., damages.
Patent Eligible Subject Matter After Alice
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Author : Jay P. Kesan
language : en
Publisher:
Release Date : 2016
Patent Eligible Subject Matter After Alice written by Jay P. Kesan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Section 101 of the Patent Act establishes the baseline for patent eligibility. There are three common law exceptions to statutory subject matter eligibility: (1) abstract ideas; (2) laws of nature and (3) natural phenomena. These exceptions were delineated with the primary goal of preventing a patent from preempting beneficial downstream research and innovation. In 2014, the Supreme Court took steps to clarify the abstract idea exception in Alice Corp. v. CLS Bank. The patents at issue in Alice concerned the use of computers as intermediaries for mitigating settlement risk. After commenting on the ubiquity of computers in modern life, the Supreme Court concluded that the use of a generic computer to execute an abstract idea was too routine and conventional to transform the abstract idea into patent eligible subject matter. In this paper, we discuss post-Alice cases and the ways that they have applied the ambiguously worded two-part test from Alice. Our initial analysis underscores the continuing importance of the machine-or-transformation test. We also examine the “routine and conventional” analysis and the different types of processes that courts have tended to consider and find to be abstract ideas. For example, a mental task or something that can be figured out using a pen and paper is often considered an abstract idea. There are also several procedural issues that have repeatedly emerged, including the stage of litigation where a Section 101 analysis is appropriate, the importance of claim construction, and the presumption of validity for issued patents under Section 282 of the Patent Act. This chapter also examines recently amended USPTO rules and procedures and how they interact with post-Alice eligibility analysis.
Patents On Life
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Author : Thomas C. Berg
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Patents On Life written by Thomas C. Berg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants - and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.
Global Dimensions Of Intellectual Property Rights In Science And Technology
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 1993-02-01
Global Dimensions Of Intellectual Property Rights In Science And Technology written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-02-01 with Political Science categories.
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.
Grounds Of The Immaterial
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Author : Niels van Dijk
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-07-28
Grounds Of The Immaterial written by Niels van Dijk and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with categories.
This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.
Patent Law In Global Perspective
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Author : Ruth L. Okediji
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Patent Law In Global Perspective written by Ruth L. Okediji and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.
Intellectual Property Issues In Microbiology
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Author : Harikesh Bahadur Singh
language : en
Publisher: Springer
Release Date : 2019-07-27
Intellectual Property Issues In Microbiology written by Harikesh Bahadur Singh and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-27 with Technology & Engineering categories.
In the current era current era of significant innovations, science and technology are powerful tools improving human welfare through prosperity and sustainable development. The development of microbiology based industries in any given country is shaped by the characteristics of its technology—particularly its close relation to scientific knowledge, and by country-specific factors such as the level and nature of the scientific knowledge base, the institutional set-up, and the role assumed by the government, all of which influence the country's ability to exploit the new opportunities. This unique book presents an integrated approach for sustained innovation in various areas of microbiology. Focusing on the industrial and socio-legal implications of IPR in microbiological advances, it offers a comprehensive overview not only of the implications of IPR in omics-based research but also of the ethical and intellectual standards and how these can be developed for sustained innovation. The book is divided into three sections discussing current advances in microbiological innovations, recent intellectual property issues in agricultural, and pharmaceutical microbiology respectively. Integrating science and business, it offers a glimpse behind the scenes of the microbiology industry, and provides a detailed analysis of the foundations of the present day industry for students and professionals alike.