Rethinking Patent Eligibility For The Modern Scientific Age
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Rethinking Patent Eligibility For The Modern Scientific Age
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Author : Peter S. Menell
language : en
Publisher:
Release Date : 2014
Rethinking Patent Eligibility For The Modern Scientific Age written by Peter S. Menell 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.
As reflected in the Federal Circuit's fractured opinion in CLS Bank v. Alice Corp., there is no greater confusion in contemporary patent law than that surrounding the scope of patent eligibility limitations. This Supreme Court amicus brief in that case traces the roots of the court-made doctrines excluding patents on laws of nature, physical phenomena, and abstract ideas. It argues that a test of inventive application neither serves the underlying purposes of the patent system nor comports with the process of modern technological advance. As a result of advances in scientific understanding and methods over the past 150 years, many if not most inventions today explicate, manipulate, and control physical, chemical, biological, and digital phenomena at elemental, molecular, algorithmic, and systemic levels. Doctrines that treat conventional application of even newly discovered computer algorithms, molecular pathways, and chemical synthesis as unpatentable threaten to exclude much of the inventive thrust of modern research. Mayo's requirement for unconventional application shifts scientists' efforts from the valuable scientific and technological advances that society seeks toward surmounting an amorphous test of non-obvious implementation. Specific and practical application, in conjunction with the technological arts limitation explicated in Justice Stevens's concurrence in Bilski, would better serve as the test for patent eligibility in the modern scientific and technological age. Particularly in light of past experience, setting inventive application as the test for patent eligibility threatens to undermine invention incentives, hamper patent prosecution, and greatly complicate patent litigation. While recognizing that the problems posed by patents on software and other computer-implemented inventions are real, this brief contends that patent eligibility doctrines beyond requiring specific application and categorical exclusion of business methods and other non-technological processes are poorly suited to address those concerns. It therefore concludes that the Supreme Court should turn away from the Funk Brothers/Flook/Mayo paradigm, and instead focus on elucidating the statutory requirements of patentability. By clarifying the constitutional and jurisprudential foundation for subject matter exclusions, the Court can promote legislative and administrative solutions that more directly address the evolving needs of the patent system.
Rethinking Patent Law
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Author : Robin Feldman
language : en
Publisher: Harvard University Press
Release Date : 2012-06-19
Rethinking Patent Law written by Robin Feldman and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-19 with Law categories.
Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.
Rethinking The Conceptual Base For New Practical Applications In Information Value And Quality
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Author : Jamil, George Leal
language : en
Publisher: IGI Global
Release Date : 2013-09-30
Rethinking The Conceptual Base For New Practical Applications In Information Value And Quality written by Jamil, George Leal and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Business & Economics categories.
Information value and quality can be considered an essential factor to evaluate both conceptual and practical contributions in organizational, technical, and scientific tasks and projects. It is important to effectively observe and implement these concepts in real organizational plans and efforts. Rethinking the Conceptual Base for New Practical Applications in Information Value and Quality discusses the re-evaluation of the conceptual base of information value and quality found in different forms of media; and how these concepts can be analyzed in real applications and business scenarios. This book is a vital reference source for scholars, practitioners, IT specialists, and students interested in information and knowledge management.
Reconsidering Michael Polanyi S Philosophy
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Author : Stefania Ruzsits Jha
language : en
Publisher: University of Pittsburgh Pre
Release Date : 2017-03-13
Reconsidering Michael Polanyi S Philosophy written by Stefania Ruzsits Jha and has been published by University of Pittsburgh Pre this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-13 with Philosophy categories.
The chemist and philosopher Michael Polanyi (1891-1976) was one of the first twentieth-century scientists to propose a program to resolve the internal conflict of the modern Enlightenment: scientific detachment and moral nihilism with humanist values. Stefania Jha’s intellectual biography places Polanyi in the context of his time and culture, analyzes his key philosophical ideas, and explicates the application--and at times misappropriation--of his work. Polanyi's method was not laid out in his published works, and his vocabulary tends to make his writings difficult to understand. By exposing the structure of his theory of tacit knowing, and by tracing the growth of his thinking, Jha shows how the various elements of his thought are integrated. Through examination of his philosophical roots in Kant and the complexity of his evolving thought, she counteracts the popular notion that Polanyi’s philosophy stands apart from the western philosophic tradition. Jha's deep analysis makes Polanyi's shift of focus from science to philosophy more intelligible, his philosophy more approachable, and the causes he championed--such as the freedom of science and cultural freedom -- more understandable. Applying his notion of tacit knowing in practical directions, Jha seeks to bring the study of Polanyi's philosophy out of the specialists' enclave and into such fields as ethics and clinical medicine.
Reconsidering Race
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Author : Kazuko Suzuki
language : en
Publisher: Oxford University Press
Release Date : 2018-05-01
Reconsidering Race written by Kazuko Suzuki 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 2018-05-01 with Political Science categories.
Race is one of the most elusive phenomena of social life. While we generally know it when we see it, it's not an easy concept to define. Social science literature has argued that race is a Western concept that emerged with the birth of modern imperialism, whether in the sixteenth century (the Age of Discovery) or the eighteenth century (the Age of Enlightenment). This book points out that there is a disjuncture between the way race is conceptualized in the social sciences and in recent natural science literature. In the view of some proponents of natural-scientific perspectives, race has a biological- and not just a purely social - dimension. The book argues that, to more fully understand what we mean by race, social scientists need to engage these new perspectives coming from genomics, medicine, and health policy. To be sure, the long, dark shadow of eugenics and the Nazi use of scientific racism cast a pall over the effort to understand the complicated relationship between social science and medical science understandings of race. While this book rejects pseudoscientific and hierarchical ways of looking at race and affirms that it is rooted in social grounds, it makes the claim that it is time to move beyond merely repeating the "race is a social construct" mantra. The chapters in this book consider three fundamental tensions in thinking about race: one between theories that see race as fixed and those that see it as malleable; a second between Western (especially US-based) and non-Western perspectives that decenter the US experience; and a third between sociopolitical and biomedical concepts of race. The book will help shed light on multiple contemporary concerns, such as the place of race in identity formation, ethno- political conflict, immigration policy, social justice, biomedical ethics, and the carceral state.
Wipo Technology Trends 2019 Artificial Intelligence
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2019-01-21
Wipo Technology Trends 2019 Artificial Intelligence written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-21 with Law categories.
The first report in a new flagship series, WIPO Technology Trends, aims to shed light on the trends in innovation in artificial intelligence since the field first developed in the 1950s.
Revisiting Race In A Genomic Age
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Author : Barbara A. Koenig
language : en
Publisher: Rutgers University Press
Release Date : 2008
Revisiting Race In A Genomic Age written by Barbara A. Koenig and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Science categories.
Essays explore a range of topics that include drug development and the production of race-based therapeutics, the ways in which genetics could contribute to future health disparities, the social implications of ancestry mapping, and the impact of emerging race and genetics research on public policy and the media.
Rethinking Home Economics
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Author : Sarah Stage
language : en
Publisher: Cornell University Press
Release Date : 2018-07-05
Rethinking Home Economics written by Sarah Stage and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-05 with Social Science categories.
Until recently, historians tended to dismiss home economics as little more than a conspiracy to keep women in the kitchen. This landmark volume initiates collaboration among home economists, family and consumer science professionals, and women's historians. What knits the essays together is a willingness to revisit the subject of home economics with neither indictment nor apology. The volume includes significant new work that places home economics in the twentieth century within the context of the development of women's professions. Rethinking Home Economics documents the evolution of a profession from the home economics movement launched by Ellen Richards in the early twentieth century to the modern field renamed Family and Consumer Sciences in 1994. The essays in this volume show the range of activities pursued under the rubric of home economics, from dietetics and parenting, teaching and cooperative extension work, to test kitchen and product development. Exploration of the ways in which gender, race, and class influenced women's options in colleges and universities, hospitals, business, and industry, as well as government has provided a greater understanding of the obstacles women encountered and the strategies they used to gain legitimacy as the field developed.
Patent Claim Construction
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Author : Robert C. Kahrl
language : en
Publisher: Wolters Kluwer
Release Date : 2001-01-01
Patent Claim Construction written by Robert C. Kahrl and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Law categories.
Patent Claim Construction is the first comprehensive treatise on claim construction in the U.S. Court of Appeals for the Federal Circuit. This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction. This knowledge thereby allows for the systematic and efficient identification of the rules most advantageous to the client's position. Patent Claim Construction offers expert analysis of emerging methodologies, reflected in current case law for interpreting patents as a matter of the law and detailed descriptions of the cases applying the rule, as well as commentary describing the trend toward or away from favoring that particular rule. Additionally, the author includes a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims.
Intangible Intangibles
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Author : Brad Sherman
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-30
Intangible Intangibles written by Brad Sherman 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 2024-04-30 with Law categories.
This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.