Perspectives On Patentable Subject Matter
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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.
Perspectives On Patentable Subject Matter
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Author : Michael Abramowicz
language : en
Publisher:
Release Date : 2015
Perspectives On Patentable Subject Matter written by Michael Abramowicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Patent laws and legislation 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"--
Perspectives On Patentable Subject Matter
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Author : Michael Abramowicz
language : en
Publisher:
Release Date : 2015
Perspectives On Patentable Subject Matter written by Michael Abramowicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Patent laws and legislation 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 Law Perspectives
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Author :
language : en
Publisher:
Release Date : 1982
Patent Law Perspectives 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 Patent laws and legislation categories.
Artificial Intelligence And Patents
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Author : Jonathan P. Osha
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-09-14
Artificial Intelligence And Patents written by Jonathan P. Osha and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-14 with Law categories.
Artificial Intelligence (‘AI’) and the AI sub-field of Machine Learning (‘ML’) are terms that originated in the fields of computer and data science but now form part of the common vernacular. AI has now found application in virtually every field. Some applications of AI have become part of our daily lives: virtual assistants, chatbots, search engines, online language translation and eCommerce all employ AI in various forms. Generative AI such as OpenAI’s products ChatGPT (natural language generation), Jukebox (music generation) and DALL-E2 (image generation) have captured the public attention to an enormous degree and can, indeed, do amazing things. A myriad of other applications of AI are found in disparate fields that, while not as visible on a daily basis, impact on our lives in a wide variety of ways. With this rapidly-increasing impact comes not only exciting new technical capabilities but also new challenges for intellectual property (‘IP’) law. Are current laws fit for purpose or is something new or different needed? This is not a new question; one need only look back to the early days of digital music, computer software and 3-D printing to find similar discussions of whether existing IP law is suited to emerging technologies. For the most part, the answer in the past has been “yes”, with perhaps a tweak here and there. Whether the same will be true of AI is, as yet, an open question. This book focuses specifically on AI and patents. Unsurprisingly, different jurisdictions have taken different approaches to patentability of AI-related inventions. Terminology (what is an “AI-related invention”?) also is inconsistent from one patent office to the next. These factors combine to create a maze of laws and regulations that patent applicants must navigate to secure protection for their innovations. To facilitate comparison of laws and practices, this book introduces a taxonomy that separates AI-related inventions into five conceptual categories. The patent law implications of each category are then addressed in national and regional chapters reflecting the perspectives of 16 major jurisdictions. All chapters follow the same structure, thereby allowing the reader to directly compare approaches taken by different jurisdictions. Thirty-nine subject matter experts from around the world contributed to this book. This is the eighth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.
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.
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 : 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.
The Law Of Patents
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Author : Craig Allen Nard
language : en
Publisher:
Release Date : 2008
The Law Of Patents written by Craig Allen Nard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Patent laws and legislation categories.
Rich in doctrine, policy, and theory, The Law of Patents offers a logical and comprehensive treatment of patent law. This casebook is more lean in nature than competing textbooks, yet covers all the main topics in an accessible manner for students. it offers helpful introductory text preceding each chapter and case or set of cases, technologically-accessible cases, detailed comments following the principal cases, highlighted statutes for easy reference, and uniquely offset comparative and policy perspectives. More succinct than others of its kind, this casebook offers everything your students need to master the subject of patent law: a lean yet comprehensive format covers all of the main topics of patent law a logical and accessible sequencing of chapters helpful introductory text precedes each chapter, sub-section and case, to give students insight into what is covered and a general doctrinal/policy framework of the materials to follow “comments” following the principal cases provide students with details on the case, delve into the doctrine and policy in a more extensive manner, and provide citations of secondary literature “perspectives” throughout the book, shaded and offset from the main text. There are two types of perspectives: comparative perspectives explore the comparative/international aspects of any given use policy perspectives discuss a theoretical point or relevant policy debate relevant statutory section numbers are identified at the beginning of each chapter to alert the student which statutes apply To The following materials relevant statutory provisions are included in a separate section of the text and are marked off by a black band on the side of the book for easy access , eliminating the need for students to buy a separate statutory supplement and increasing the likelihood that they will read the relevant statutes many chapters have extensive citations to academic literature, which provides students and instructors with guidance if they choose to dig deeper into the subject matter a companion website provides a fast and convenient means to disseminate judicial and legislative updates, and includes PDF files of all of the patents-in-suit discussed in the principal cases, The complete prosecution history of the “pizza box” patent explored in Chapter One, As well as historical documents and links to important patent law sites and documents PowerPoint slides available for adopters for classroom use An author website to support classroom instruction using this title is available at http://law.case.edu/lawofpatents .
The Patentability Of Financial Methods
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Author : Stefania Fusco
language : en
Publisher:
Release Date : 2015
The Patentability Of Financial Methods written by Stefania Fusco 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.
In the last few years, there has been a renewed interest in the validity of patenting business methods. The issue appeared to be settled in 1998 with State Street Bank & Trust Co. v. Signature Financial Group, Inc. However, in 2008, the Federal Circuit, responding to a more restrictive approach toward the patent system adopted by the Supreme Court, began questioning the soundness of the policy to extend patent protection to business methods. The Federal Circuit's adjustment of its position occurred explicitly in In re Bilski when the court decided to rehear the case en banc and reconsider the conclusions previously reached in State Street. The Supreme Court subsequently granted certiorari on In re Bilski, and its Bilski decision in June 2010 exacerbated an already heated debate on the patentability of certain subject matters. Ultimately, this quandary about patentability revolves around the empirical question of whether the patent system in a specific sector is “doing its job” or, more specifically, whether the patent system is fostering the creation of additional business methods. To answer this question, I conducted an empirical investigation that involved structured interviews with market participants about the production and consumption of financial methods as a subset of business methods. The data collected in this study reveal that market participants are ambivalent about the benefits that both the financial market and their companies can derive from having exclusive rights on financial inventions. The data also provide a description of the financial market and its dynamics that is difficult to reconcile with the protection of business methods, as currently provided by the patent system. Thus, it raises serious doubts that, in the ten years between State Street and In re Bilski, patent protection has had any impact on innovation in the financial industry.