Limits Of Patentability
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The Limits Of Patent Protection
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Author : Theodorus Willem Peter van Dijk
language : en
Publisher:
Release Date : 1994
The Limits Of Patent Protection written by Theodorus Willem Peter van Dijk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Industrial organization (Economic theory) categories.
Limits Of Patentability
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Author : Andreas Hübel
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-12
Limits Of Patentability written by Andreas Hübel 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 2012-10-12 with Science categories.
SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology. In this volume the limits of patentability are addressed, a question that is often raised when it comes to biotechnological inventions: The first section addresses current issues in the patentability of plants produced by essentially biological processes including the controversy between farmer’s privilege and patent exhaustion with respect to seeds in the US. The second section examines the patentability of human embryonic stem cells in Europe and the US, also considering alternative technologies with respect to their practicability and patentability. The third section focuses on the patentability of genes and nucleic acids, especially the issue of patenting of encoding genes and nucleic acids.
Human And Machine Rights
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Author : Leonardo Alonso Goikolea
language : en
Publisher: BoD – Books on Demand
Release Date : 2013
Human And Machine Rights written by Leonardo Alonso Goikolea and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Patent protection under the European Patent Convention (EPC) is not available for all issues. The intuitive colloquial meaning of the terms "invention" and "technical" often differs from the legal interpretation given in case-law decisions. Many of the current patent disputes among the players in the smartphone and portable-device market are based on issues relating to graphical user interfaces (GUIs), which allow the user to interact and interface with these devices. Furthermore, practitioners often have concerns regarding the filing of trivial patent applications in this and related computer-implemented fields. "Human and Machine Rights" seeks to place these issues in the light of the case law of the European Patent Office. Assisted by a Socratic dialogue between two forgotten computers, Master and Flip-flop, part I of "Human and Machine Rights" leads the reader through a systematised reading of EPO case law, looking for the conceptual framework underlying the boundaries of the exclusions from patentability for technicality reasons (in particular those relating to GUIs and gestural systems). The intention is to explicitly set out a praxis-oriented criterion, thus allowing practitioners to anticipate whether or not patent protection is available for a specific subject-matter, and to determine where the risks of trivial patent applications lie. Leaving behind the traditional classification of decisions according to the areas of activity relating to the respective inventions, "Human and Machine Rights" develops a new conceptual categorisation of the issues under discussion in the decisions, departing from the problems solved or the aims achieved by the inventions. A Human-Machine-Interface (HMI) model is used for this purpose. This categorisation automatically leads to a differentiation between the main trend of the decisions and the possible dissonant voices, thus contributing to increased harmonisation in the way inventions are dealt with. An annex presents
The United States Supreme Court Limits The Patentability Of Computer Software In Parker V Flook
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Author : Robert E. Wechsler
language : en
Publisher:
Release Date : 1980
The United States Supreme Court Limits The Patentability Of Computer Software In Parker V Flook written by Robert E. Wechsler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Industrial property categories.
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 Law categories.
Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made.
Functions And Limits Of Patent Law
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Author : Geertrui Van Overwalle
language : en
Publisher:
Release Date : 2013
Functions And Limits Of Patent Law written by Geertrui Van Overwalle 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.
Patents are a key element of our knowledge based economy. They are meant to operate as an instrument for fostering innovation by generating incentives through the grant of temporary exclusive rights. The present paper starts by describing some major trends in patent law and practice and throws some light on the concerns to which modern patent law gives rise: extension of patentable subject matter, growing attention for patent quality, appearance of patent thickets and restrictive licensing practices, emergence of governance issues such as the North-South divide, increasing influence of “epistemic communities”, as well as an enlarged role of ethics and of human rights. Some of these trends have led to serious concerns with regard to current patent law and practice and urged competent authorities to launch a patent reform debate (Chapter 1). In aiming at a better comprehension of these trends and concerns, an analytical model has been deployed revolving around the objectives and functions of the law: the regulatory function, the symbolic function and the function to provide legal guarantees (Chapter 2). Applying this analytical model to patent law demonstrates that patent law is largely unable to fulfil its major objectives and functions within the current social and political context. The objectives and functions, for which patent law appears to be inapt highlight some limits of patent law. These limits are widely illustrated with examples from the field of biotechnology and human genetics (Chapter 3). In an effort to deal with the limits encountered, attention is paid to options for remedying problems and limits. The remedies are not necessarily to be found within the patent system and require a more holistic, outward looking perspective. Competition law, self-regulation, ethics and informal norms may play a complimentary role in the reform of the patent system in dealing with the limits encountered (Chapter 4). The paper concludes that the trends observed and the limits encountered call for further research on the flaws and failures of today's patent law system and for reflection on how to shape the future patent regime. If a review of the system would be restricted to controlling the symptoms (concrete problems in the day-to-day practice of the patent offices) without having diagnosed the actual 'disorder' (inaptitude of patent law to fulfil its objectives and functions), it may 'steal into' the whole system despite the availability of 'modern treatments' and remedies. A sound and well functioning patent system and an effective and legitimate patent law, accepted by a wide range of stakeholders (scientists, business people, and patients) and by the public at large, are of utmost importance in a knowledge based economy.
Global Patents
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Author : Marketa Trimble
language : en
Publisher:
Release Date : 2015
Global Patents written by Marketa Trimble 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.
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.
The Use Of Alternatives To Patents And Limits To Incentives
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Author : Bronwyn H. Hall
language : en
Publisher: Anchor Books
Release Date : 2012
The Use Of Alternatives To Patents And Limits To Incentives written by Bronwyn H. Hall and has been published by Anchor Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Intellectual property categories.
Human Rights Limitations In Patent Law
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Author : Geertrui Van Overwalle
language : en
Publisher:
Release Date : 2015
Human Rights Limitations In Patent Law written by Geertrui Van Overwalle 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.
The relationship between human rights and intellectual property (IP) rights has been under-theorized for a long period. IP rights have remained a “normative backwater” in the burgeoning post-World War II human rights movement. Only over the last decade, human rights discourse has gained wider attention and commentators have started to explore the relationship between IP and human rights in more detail. Two major approaches can be witnessed. A first school of thought takes the view that human rights and IP are in fundamental conflict. Strong IP protection is undermining, and therefore incompatible with, a broad spectrum of human rights obligations, especially in the area of economic, social and cultural rights. This approach can be witnessed in Resolution 2000/7, which stipulates that “Actual or potential conflicts exist between the implementation of the TRIPs Agreement and the realisation of economic, social and cultural rights.” Resolving this conflict lies in the recognition of the primacy of human rights law over IP law and in viewing IP as instruments designed to fulfill human rights objectives. A second way of thinking claims that human rights and IP are essentially compatible and can coexist. Indeed, human rights and IP focus on the same fundamental question and share the same goal. Both human rights and IP rights aim at enhancing welfare and the benefit for society. Both legal regimes equally try to define appropriate scope of private rights, while safeguarding public interest. A clear exponent of this attitude is reflected in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The present paper aims at exploring the delicate relationship between the human rights pantheon and the patent framework in more depth. The normative perspective underlying the present paper is that human rights can coexist with IP rights. Human rights are valuable and necessary complements of patent rights. Human rights serve as a counter balance of patent rights when centering too one-sidedly on trade, access to markets and economic calculus. For patent law to be widely accepted and generally recognized as a tool fostering both private and public interest, it is vital that current patent law regimes are inextricably linked with human rights discourse, and that human rights assist in defining the utter limits of patent rights. Patent law should be moulded as a human rights compliant legal framework to promote innovation. The normative claim put forward in the present paper is based on a reassessment of the notion of public interest in patent law and an analysis of human rights treaties. Human rights can be factored into patent law, through the gateway of public interest. A post-modern interpretation of public interest will prove to offer a more then skeletal basis for taking into account human rights into patent law, and to have prompted new human rights standards in the patent law system. The present paper focuses on human rights and human values, and draws attention to civil, political, economic, social as well as cultural rights. Human rights and values which are considered here as particularly relevant are human dignity, the right to food, the right to informed consent, the right to protection, the right of access to public health, the right to education and research, and the right of access to information. These human rights and values fulfil different functions in a patent law context. Some rights and values, such as human dignity and the right to food, act as a basis to limit the coming into existence of patent rights in certain fields. Other rights, such as the right to informed consent and the right of protection as translated in an origin requirement, act as a means to implement procedural guarantees in the patent application procedure. Yet other human rights, such as the right of access to public health and the right to education and research serve as limitations with regard to the exercise of patent rights. Although the right of access to information fits into this last category at first sight, it has a somewhat ambiguous position in the human rights and patent rights debate. Before embarking on a further analysis, some clarification regarding the concepts and terminology used is offered. The paper concludes that human rights and IP, two bodies of law that were once strangers, have now become increasingly intimate bedfellows. Human rights should feed into patent law in complementary manner. Patent law is an autonomous legal system of its own kind, with an intrinsic raison d'être. It is an instrument, a legal tool, aiming to serve both private and public objectives, both reward for innovation and societal well being through the production of new goods and services. Human rights are valuable and necessary complements of the patent system. They feed into the objective of public interest in patent law. They serve as a counter balance of patent rights centering too one-sidedly on trade, access to markets and economic calculus. For patent law to be widely accepted and generally recognized as a tool fostering both private and public interest, it is vital that current patent law regimes are inextricably linked with human rights discourse, and that human rights assist in defining the utter limits of patent rights. As has become clear from the exploration in the present paper, the respect for human dignity introduces certain limits on patentable subject matter in patent law, in order to safeguard the rights of human beings and human embryos. The right to food opens an avenue to impose restrictions in patent law in the interest of consumers. The right of informed consent invites patent law to be cautious in respect of the rights of donors of human biological material, testees and patients, and the rights of traditional knowledge holders. The human right to access to public health safeguards the rights of patients, by limiting the rights of patentees through the introduction of a compulsory license system, whereas the right to research is safeguarded for researchers entering well defined areas of exploration. Finally, the right of access provides adequate trajectories for innovators or users, to have efficient access to technological innovations and improvements through the disclosure requirement. When assessing patent law through the lens of human rights law, some issues remain unresolved. First, some unclarities as to concepts and scope live on. Second, the lack of enforceability of various human rights is problematic. Third, factoring human rights into patent law, might give rise to increasing legal uncertainty. Given the expanding nature of human rights and applying a universal and holistic approach of human rights in a patent law context might run counter to legal certainty. Legal certainty might require a more distinct approach, where a clear and limited catalogue of human rights, which have to be taken into account in a patent context, is provided. However, designing a closed list of human rights seems inadequate, as patent rights may be limited and restricted for a multitude of reasons (see article 4 IVESCR). Fourth, the relationship between human rights and human values remains unclear and controversial. This might also create problems of legal (un)certainty as well. Last but not least, it is not yet fully clear what the exact relationship is between the well know twin concept in patent law of ordre public & morality, and human rights. Notwithstanding some remaining unsettled issues, great effort should be put into taking full account of human rights considerations in patent law and into making a human rights approach in patent law even more explicit and exacting. For patent law to be widely accepted and generally recognized as a tool fostering both private and public interest, it is vital that current patent law regimes are inextricably linked with human rights discourse, and that human rights assist in defining the utter limits of patent rights.
Global Patents
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Author : Marketa Trimble
language : en
Publisher: Oxford University Press
Release Date : 2012-02-14
Global Patents written by Marketa Trimble 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 2012-02-14 with Law categories.
Global Patents: Limits of Transnational Enforcement explains why a "global patent" does not exist. It identifies the barriers to its creation from both historical and current perspectives, and discusses the difficulties that arise as inventors, investors, and businesses strive to protect their inventions in the widest territory possible. The author analyzes the options available to patent holders, and explains how a country's patent law may be used to stop or limit the exploitation of an invention patented in that country, and even in other countries where the invention is not patented.