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An Assessment Of The Patentability Of Business Methods In The Us And European Jurisdictions And An Evaluation Of The Implications


An Assessment Of The Patentability Of Business Methods In The Us And European Jurisdictions And An Evaluation Of The Implications
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Economic Analyses Of The European Patent System


Economic Analyses Of The European Patent System
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Author : Stefan Wagner
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-12-14

Economic Analyses Of The European Patent System written by Stefan Wagner and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-14 with Business & Economics categories.


Research on the patent system and the analysis of patenting activities have become an important field in economics and l)usin(\ss administration. The global demand for patcuit protection has been increasing strongly over the last decades. Institutional changes as well as the broadening of patentable subject matter pose new challenges to patentees and patent offices alike. Especially in Europe, the debate on the patentabihty of biotechnology and softwa- related inventions led to broad public attention to the design of the patent system. Given these developments, it is no wonder that practitioners as well as policy makers are turning to researchers for answers on how to cope with new challenges threatening the patent system. In his dissertation, Stefan Wagner attempts to answer some of these questions. Wagner apphes advanced econometric methods to large-scale data sets which were assembled specifically for the purpose of this thesis. His analysis focuses on various aspects of patent filings, examination and opposition at the European Patent Office. Each of the four self-contained chapters of this book addresses different issues which are important to all stake-holders of the patent system. Wagner closely analyzes institutional features of the European Patent Office, such as the duration of the examination of patent applications, the determinants of the occurrence of patent oppositions and the patentability of business methods under the European Patent Convention. In his concluding chapter he examines the managerial decision between outsourcing patent-related services to patent attorneys or generating them in-house.



An Assessment Of The Patentability Of Business Methods In The Us And European Jurisdictions And An Evaluation Of The Implications


An Assessment Of The Patentability Of Business Methods In The Us And European Jurisdictions And An Evaluation Of The Implications
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Author : Li Sun
language : en
Publisher:
Release Date : 2013

An Assessment Of The Patentability Of Business Methods In The Us And European Jurisdictions And An Evaluation Of The Implications written by Li Sun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.


Advances in information technology have enabled the design and development of innovations in business methods. This is particularly felt with IT enabled innovations such as Sun Microsystems' stateless shopping Cart for the web which is a Web shopping cart system that does not require any data files to be maintained on either the client or the server. Firms attempt to leverage these innovations to gain competitive advantages through cost reduction and other quality improvements, which may also pass some benefits on to consumers. However, such competitive advantages are increasingly difficult to sustain because business method innovations are often easy to copy or imitate. Quick and cheap imitation of innovative products and processes may reduce the incentives for firms to invest further in innovation. Thus, patent protection for business method inventions became a live issue with different on outcomes as between the US and Europe. At present, in the US business method patents are legally recognised since the State Street Bank decision, 149 F. 3d 1368 (US Court of Appeals for the Federal Circuit 1998). However, the European Patent Office (EPO) still is noncommittal although some business method-related inventions have been granted de factoprotection by EPO suchas Hitachi Ltd's automatic trading method and apparatus (EP 567 291), the Western Union Company's method and system for performing money transfer transactions (EP 848 361) etc. John Stuart Mill (1909) said "the superiority of one country over another, in a branch of production, often arises only from having begun it sooner".1 So it seems that the uncertainty of EPO's attitude to business method patents may result in a serious negative impact in European industry and economy. This thesis sets out to examine what precisely are the attitudes of the US and European institutions to business method patents and to explain what is the present law and how it has arisen. The author thereafter carries out an evaluation of the rationed economic and social effects of allowing / disallowing Business Method Patents and to address the question of whether Europe should adopt patent protections for business method-related inventions. To address these questions, the research focuses on the following questions: (1) under the current legal framework provided by EPC what business method-related inventions can be granted European patent? (2 )whether business method -related inventions are worth protecting by the patents in Europe. To answer the latter question, the thesis not only analyses the predictable economic and social effects of allowing or alternatively disallowing business method protections generally, but we also discuss "patent quality" which is used by US patent economists to analyse whether business method inventions have a sufficient value to justify the granting of exclusive patent rights in return for disclosure of the inventions' specifications to the public. In analysing the predictable and likely economic and social effects of allowing or alternatively disallowing business method protections, the US position in patenting business method -related inventions needs to be considered, therefore the thesis also evaluates the US patent legal framework for business method patents and contrasts it with the European position. Through analysis of the relevant provisions and decisions, the research has concluded that under the current legal framework business method apparatus inventions are patentable in Europe if they can meet the patentability requirements of the European Patent Convention (EPC). To the effect that if a business method process invention is achieved by a technical means, solves a technical problem, or achieves a technical effect, it is often patentable in Europe provided it meets the EPC patentability requirements. However, turning to the evaluation of the economic effects of business method patents, economic analysis cannot find strong evidence to support increasing the current protections for business method patents. At the same time, the economic analysis also cannot find strong evidence to oppose present protections for business method patents. But when the US position is considered, infringement risk would favour it for it appears on balance that there may be some reason to think that Europe should adopt stronger protections for business method patents. Furthermore, the value of disclosing patented business method-related inventions' specifications seems also to show that accepting business method patents is an appropriate choice for Europe. 1 Mill, J. S.,1909. Principles of Political Economy.7thed. London: Longmans Green. p. 78.



The Sage Handbook Of Intellectual Property


The Sage Handbook Of Intellectual Property
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Author : Matthew David
language : en
Publisher: SAGE
Release Date : 2014-11-18

The Sage Handbook Of Intellectual Property written by Matthew David and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-18 with Social Science categories.


This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.



Recent Advances In The Analysis Of Competition Policy And Regulation


Recent Advances In The Analysis Of Competition Policy And Regulation
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Author : Joseph E. Harrington
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

Recent Advances In The Analysis Of Competition Policy And Regulation written by Joseph E. Harrington 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 2012-01-01 with Business & Economics categories.


'This volume collects a number of original, cutting-edge contributions that take the reader swiftly and easily to the frontier of research on most of the current hot topics in industrial organization, antitrust and regulation. Skillfully edited by two outstanding leaders in the field, the volume will be a precious source for students, researchers and practitioners that need to figure out what research has achieved in recent years on these important policy issues.' Giancarlo Spagnolo, SITE Stockholm School of Economics and University of Tor Vergata, Sweden This state-of-the-art volume highlights important recent research contributions covering all the significant themes surrounding competition policy and regulation, including financial regulation and multisided markets. Bringing scholars and policymakers to the frontiers of research and addressing the critical issues of the day, the book presents original important new theoretical and empirical results. The distinguished contributors include: P. Agrel, K. Alexander, J. Crémer, X. Dassiou, G. Deltas, F. Etro, L. Filistrucchi, P. Fotis, M. Gilli, J. Harrington Jr, T. Huertas, M. Ivaldi, B. Jullien, V. Marques, M. Peitz, Y. Spiegel, E. Tarrantino and G. Wood. Recent Advances in the Analysis of Competition Policy and Regulation will prove insightful for academic economists, consultants and policymakers interested in these fields.



A Research Agenda For Patent Law


A Research Agenda For Patent Law
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Author : Enrico Bonadio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-05-14

A Research Agenda For Patent Law written by Enrico Bonadio 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 2025-05-14 with Law categories.


In this prescient book, expert authors identify key areas of interest within patent law, providing crucial insights into the field to steer future research and policymaking. Chapters delve into the interactions between patent law and a wide range of sectors encompassing traditional and cutting edge technologies, including the communication, pharmaceutical and biotech industries.



European Patent Law


European Patent Law
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Author : Duncan Matthews
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-10-04

European Patent Law written by Duncan Matthews and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-04 with Law categories.


This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.



Proceedings Of The First International Conference On Advances In Computer Vision And Artificial Intelligence Technologies Acvait 2022


Proceedings Of The First International Conference On Advances In Computer Vision And Artificial Intelligence Technologies Acvait 2022
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Author : Ramesh Manza
language : en
Publisher: Springer Nature
Release Date : 2023-07-25

Proceedings Of The First International Conference On Advances In Computer Vision And Artificial Intelligence Technologies Acvait 2022 written by Ramesh Manza and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-25 with Computers categories.


This is an open access book. The first international Conference on Advances in Computer Vision and Artificial Intelligence Technologies (ACVAIT 2022) is a biennial conference organized by Department of Computer Science and Information Technology, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad (MS) India, during August 1–2, 2022. ACVAIT 2022, is dedicated towards advances in the theme areas of Computer Vision, Image Processing, Pattern Recognition, Artificial Intelligence, Machine Learning, Human Computer Interactions, Biomedical Image Processing, Geospatial Technology, Hyperspectral image processing and allied technologies but not limited to. ACVAIT 2022, invites young and/or advanced researchers contributing in the theme area of the conference and also provide them platform for discussing their scientific contributions / research findings with the domain experts, exchange ideas with them and foster closer collaboration between members from the top universities / Higher Education Institutes (HEI). ACVAIT 2022, inviting domain specific work from research scholars, academician, machine learning & AI scientist, industry experts to contribute their scientific contribution in the following areas but not limited to. • Shape representation• Biometrics: face matching, iris recognition, footprint verification and many more.• Statistical, Structural and syntactic pattern recognition• Brain Computer Interface and Human Computer Interactions• Feature extraction and reduction• Biomedical Image Processing• Color and texture analysis• Speech analysis and understanding• Image segmentation• Speaker verification & Synthesis• Image compression, coding and encryption• Clustering and classification• Object recognition, scene understanding and video analytics• Machine learning algorithms • Image matching (pattern matching)• Extreme learning machine• Content based image retrieval and indexing• Artificial Intelligence Trends in Deep learning• Optical character recognition• Big data• Image & Video Forensics• Information retrieval• Pattern recognition and machine learning for Internet of Things• Data mining and Data Analytics• Pattern classification through Sensors• Pattern Recognition for Hyper Spectral Imaging• Satellite Image Processing



Intellectual Property Law And Policy Volume 10


Intellectual Property Law And Policy Volume 10
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Author : Hugh Hansen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-03-26

Intellectual Property Law And Policy Volume 10 written by Hugh Hansen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-26 with Law categories.


Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.



Federal Evaluations


Federal Evaluations
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Author :
language : en
Publisher:
Release Date : 1982

Federal Evaluations written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Evaluation research (Social action programs) categories.


Contains an inventory of evaluation reports produced by and for selected Federal agencies, including GAO evaluation reports that relate to the programs of those agencies.



Intellectual Property Law For Engineers Scientists And Entrepreneurs


Intellectual Property Law For Engineers Scientists And Entrepreneurs
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Author : Howard B. Rockman
language : en
Publisher: John Wiley & Sons
Release Date : 2020-01-22

Intellectual Property Law For Engineers Scientists And Entrepreneurs written by Howard B. Rockman and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-22 with Law categories.


Fully revised new edition that completely covers intellectual property law—and many related issues—for engineers, scientists, and entrepreneurs This book informs engineering and science students, technology professionals, and entrepreneurs about the intellectual property laws that are important in their careers. It covers all of the major areas of intellectual property development and protection in non-legalistic terms that are understandable to technology and science professionals. New material includes a comprehensive discussion on the American Invents Act (AIA), coverage of many new high-profile topics, such as patent protection the mobile communications industry, and a new chapter on "The Future of Technology, Engineering, and Intellectual Property." Now in its second edition, Intellectual Property Law for Engineers, Scientists, and Entrepreneurs enables inventors and creators to efficiently interface with an intellectual property attorney in order to obtain the maximum protection for their invention or creation, and to take steps to ensure that that invention or creation does not infringe upon the intellectual property rights of others. It includes patent, trade secret, mask work, and cybersquatting legal and procedural principles. The book also shows readers how to properly use new vehicles of intellectual property protection for novel software, biotech, and business method inventions. Additionally, it examines trademark protection for domain names, and other ancillary matters that fall within the genre of intellectual property protection. This informative text: Covers all of the major areas of intellectual property development and protection in clear, layman’s terms so as to be easily understood by technology and science professionals Provides detailed outlines of patent, trademark, copyright, and unfair competition laws Offers essays on famous and noteworthy inventors and their inventions—and features a copy of the first page of patents resulting from these inventors’ efforts Covers many new high-profile cases covering patent protection within the mobile communications industry Intellectual Property Law for Engineers, Scientists, and Entrepreneurs, Second Edition is an excellent text for graduate and undergraduate engineering students, as well as professionals and those starting a new technology business who need to know all the laws concerning their inventions and creations.