Patentable Subject Matter And Institutional Choice
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Patentable Subject Matter And Institutional Choice
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Author : John M. Golden
language : en
Publisher:
Release Date : 2015
Patentable Subject Matter And Institutional Choice written by John M. Golden 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.
Given the existence of fine-grained requirements for patentability such as nonobviousness, the utility of a separate requirement of patentable subject matter has sometimes been questioned. The courts' fumbling efforts to regulate patentable subject matter have helped stain the enterprise with suspicion and even disrepute. This Article first defends limitations on subject-matter eligibility by showing that they provide a categorical filter that can improve patent-system performance. The Article then argues that the enterprise of regulating patentable subject matter should be primarily entrusted to the USPTO, rather than, as it is now, to the courts. Two mathematical models illustrate (1) how more individualized tests for patentability can fail to ensure that patents improve social welfare and (2) how a particular form of subject matter - fundamental principles having a very high number of potential uses - can generate particularly high social costs and thus qualify as a form of subject matter that the patent system would best fil-ter out. With respect to the proper locus for rulemaking authority, the USPTO's capacity and incentive to respond promptly and meaningfully to questions of subject-matter eligibility make it the best candidate. Moreover, giving the USPTO rulemaking authority with respect to subject-matter eligibility does not require giving it rulemaking authority on all matters of patent-law substance. Just as other regimes of U.S. law have divided tasks of adjudication and enforcement between different institutions, the patent system can divide areas of primary interpretive authority between the USPTO and Article III courts. Such an institutional innovation appears the best way to leverage the relative institutional competences of the USPTO, the courts, and Congress.
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.
Improving Intellectual Property
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Author : Susy Frankel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02
Improving Intellectual Property written by Susy Frankel 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 2023-03-02 with Law categories.
Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.
A Patent System For The 21st Century
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2004-10-01
A Patent System For The 21st Century 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 2004-10-01 with Science categories.
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
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.
The Patent Crisis And How The Courts Can Solve It
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Author : Dan L. Burk
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-10-19
The Patent Crisis And How The Courts Can Solve It written by Dan L. Burk and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-19 with Business & Economics categories.
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...
Corporate Opportunities
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Author : Marco Claudio Corradi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Corporate Opportunities written by Marco Claudio Corradi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
This monograph provides a comprehensive analysis of corporate opportunities doctrines from a comparative perspective. It looks at both common law and civil law rules and relies to a large extent on a law and economics approach. This book broadens the conventional view on corporate opportunities, a vital step in light of the adoption of corporate opportunities rules in civil law jurisdictions and in light of investors' ever-changing strategies. This approach considers institutional complementarities and especially industrial complementarities. The book thus explores several jurisdictions and their economic and industrial environments, whilst also assessing the impact of globalisation onto legal reform. Furthermore, it analyses the problems related to the application of corporate opportunities rules to cross-border venture capital. In normative terms, the book advances one main stance, articulated in three points: first, it proposes different sanctions for undisclosed and disclosed misappropriations, supporting the core idea that sanctions should be set against disclosure and not authorisation. Secondly, it advances the idea that sanctions against undisclosed misappropriations should be more severe than the ones presently applied. Thirdly, it considers the possibility of a more flexible treatment of disclosed misappropriations. This study is positioned at the intersection of several fields, providing a lens into a much broader range of dynamics that will be of interest to a varied international readership, and offering a window into the broader institutional dynamics at work in centres of innovation (eg Silicon Valley and industrial districts in other jurisdictions). It is rooted in law and economics, but the emphasis is placed on how corporate opportunities rules fit within a broader set of institutional dynamics that affect innovation, industrial efficiency, and economic competitiveness.
Genes And Ingenuity
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Author : Australia. Law Reform Commission
language : en
Publisher: Virago Press
Release Date : 2004
Genes And Ingenuity written by Australia. Law Reform Commission and has been published by Virago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Genes categories.
Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Patent Failure
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Author : James Bessen
language : en
Publisher: Princeton University Press
Release Date : 2009-08-03
Patent Failure written by James Bessen 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 2009-08-03 with Law categories.
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
The Case For Patents
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Author : Daniel F Spulber
language : en
Publisher: World Scientific
Release Date : 2021-03-02
The Case For Patents written by Daniel F Spulber and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-02 with Law categories.
The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.