Irrational Behavior Hindsight And Patentability
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Irrational Behavior Hindsight And Patentability
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Author : Scott R. Conley
language : en
Publisher:
Release Date : 2015
Irrational Behavior Hindsight And Patentability written by Scott R. Conley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Pharmaceutical and other high tech science industries require patent protection to justify the risks of expensive research. Without protection a copycat could bring the same product to market without the expense of research, enabling them to undercut price. This might benefit the consumer in the short term with lower prices, but it will destroy incentives to innovate. Ultimately this would lead to no new pharmaceutical and other research-intensive products. There is a delicate balance between allowing patent protection for something truly innovative and denying if for a pedestrian advancement. It is the patentability standard of obviousness, where the proposed invention would have been obvious to a person of ordinary skill in the art, that controls this balance. The difficulty for courts in determining obviousness, and thus patentability, is hindsight bias. When someone already knows how an invention works it is all too easy to consider it obvious, yet before learning about the invention, the same person would not have been able to envision the invention. The Supreme Court in KSR recently revived an approach to determining obviousness through a test known as “obvious to try.” The “obvious to try” test attempts to determine whether the approach to create the invention would have been obvious to try by a person of ordinary skill. The danger with the “obvious to try” test is that it is especially susceptible to hindsight bias because it uses the inventor's own reasoned approach to solve a problem against him. The effect of extensive use of the “obvious to try” test will be to deny patent protection for logically guided research, while rewarding patent protection for inventions obtained through irrational behavior or luck. This will upset the balance of patent protection for innovative inventions by denying protection to those inventions derived though good research, and lead to a decline in new research-intensive products. Consequently, there must be a reasonable factor to rebut obviousness found through the “obvious to try” test. This factor should be significant unexpected results of the invention, because if a result is truly unexpected, then the invention could not have been obvious.
Behavioral Law And Economics
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Author : Eyal Zamir
language : en
Publisher: Oxford University Press
Release Date : 2018-06-05
Behavioral Law And Economics written by Eyal Zamir and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
The Oxford Handbook Of Behavioral Economics And The Law
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Author : Eyal Zamir
language : en
Publisher: Oxford Handbooks
Release Date : 2014
The Oxford Handbook Of Behavioral Economics And The Law written by Eyal Zamir and has been published by Oxford Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.
'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.
The Wiley Blackwell Handbook Of Judgment And Decision Making
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Author : Gideon Keren
language : en
Publisher: John Wiley & Sons
Release Date : 2015-11-30
The Wiley Blackwell Handbook Of Judgment And Decision Making written by Gideon Keren 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 2015-11-30 with Psychology categories.
A comprehensive, up-to-date examination of the most important theory, concepts, methodological approaches, and applications in the burgeoning field of judgment and decision making (JDM) Emphasizes the growth of JDM applications with chapters devoted to medical decision making, decision making and the law, consumer behavior, and more Addresses controversial topics from multiple perspectives – such as choice from description versus choice from experience – and contrasts between empirical methodologies employed in behavioral economics and psychology Brings together a multi-disciplinary group of contributors from across the social sciences, including psychology, economics, marketing, finance, public policy, sociology, and philosophy 2 Volumes
The Oxford Handbook Of Law And Economics
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Author : Francesco Parisi
language : en
Publisher: Oxford University Press
Release Date : 2017-04-27
The Oxford Handbook Of Law And Economics written by Francesco Parisi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with Business & Economics categories.
Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
Research Handbook On The Economics Of Intellectual Property Law
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Author : Ben Depoorter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On The Economics Of Intellectual Property Law written by Ben Depoorter 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 2019 with Law categories.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Handbook Of Intellectual Property Research
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Author : Irene Calboli
language : en
Publisher: Oxford University Press
Release Date : 2021
Handbook Of Intellectual Property Research written by Irene Calboli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Exclusions From Patentability
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Author : Sigrid Sterckx
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-13
Exclusions From Patentability written by Sigrid Sterckx 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 2012-09-13 with Business & Economics categories.
This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.
Innovation And Its Discontents
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Author : Adam B. Jaffe
language : en
Publisher: Princeton University Press
Release Date : 2011-05-27
Innovation And Its Discontents written by Adam B. Jaffe and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-27 with Business & Economics categories.
The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Punitive Damages
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Author : Cass R. Sunstein
language : en
Publisher: University of Chicago Press
Release Date : 2008-12-19
Punitive Damages written by Cass R. Sunstein and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-19 with Law categories.
Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.