Rethinking Patent Law S Presumption Of Validity
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Rethinking Patent Law S Presumption Of Validity
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Author : Douglas Lichtman
language : en
Publisher:
Release Date : 2011
Rethinking Patent Law S Presumption Of Validity written by Douglas Lichtman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The United States Patent and Trademark Office is tasked with the job of reading patent applications and determining which ones qualify for patent protection. It is a Herculean task, and the Patent Office pursues it subject to enormous informational and budgetary constraints. Nonetheless, under current law, courts are bound to defer to the Patent Office's decisions regarding patent validity. In this Article, we argue for reform. Deference to previous decision-makers is appropriate in instances where those previous decisions have a high likelihood of accuracy, and the patent system should endeavor to create processes that fit this mold. But granting significant deference to the initial process of patent review is indefensible and counter-productive. Patents should be vulnerable to challenge until and unless they are significantly evaluated in an information-rich environment. At that point, they will have earned and therefore should be accorded a presumption of validity. Such an approach would better serve the patent's systems long-run incentive goals, and it would give patent applicants better incentives to file for genuine inventions but leave their more obvious and incremental accomplishments outside the patent system's purview. Here, we therefore suggest the creation of a two-tier system of patent validity, with patents that are subject to intensive scrutiny accorded a strong presumption of validity, while untested patents are left to be evaluated more fully in court.
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 patent law into the spotlight and revealing its many glaring inadequacies. Take, for example, the patent case that almost shut down the BlackBerry, or the growing phenomenon of patent trolling, in which patents are acquired for the sole purpose of entrapping companies whose products relate to them. And patents on genes have everyone up in arms—and our courts confused. Robin Feldman explains why patents are causing so much trouble. The problem lies in our assumption that patents set clear boundaries for rights to an invention. In reality, they do no such thing. The very nature of inventions makes them impossible to describe unambiguously for all time. When something is so new that we do not understand yet how it works, what it is capable of doing, or how it could be applied—as is often the case in biotechnology—description is necessarily slippery. Instead of hoping for clear boundaries, and moaning when we don’t get them, Rethinking Patent Law urges lawmakers to focus on what the law can do well: craft rules that anticipate the bargaining that will occur as rights unfold. By steering clear of laws that distort the bargaining process, lawmakers can help courts answer difficult questions, such as whether genes, software, and business methods constitute patentable subject matter, whether patents in the life sciences should control inventions that have yet to be discovered, and how to resolve the battles between pharmaceutical companies and generics.
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.
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.
Harvard Law Review Volume 125 Number 1 November 2011
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Author : Harvard Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2011-11-22
Harvard Law Review Volume 125 Number 1 November 2011 written by Harvard Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-22 with Law categories.
The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.
Patently Innovative
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Author : R A Bouchard
language : en
Publisher: Elsevier
Release Date : 2012-01-02
Patently Innovative written by R A Bouchard and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-02 with Law categories.
Patently innovative provides a review of the importance of traditional patent law and emerging linkage regulations for pharmaceutical products on the global stage, with a focus on the linkage regime in Canada. The primary focus is on how innovation in the pharmaceutical sector can be strongly regulated and how government regulation can either stimulate or inhibit development of breakthrough products. Includes empirical research to relate innovation to drug law A multidisciplinary approach is taken, including the intersection of IP (intellectual property) law, drug law and innovation Discusses the impact of government regulation on firm innovation
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.
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.
The Patent Crisis And How The Courts Can Solve It
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Author : Dan L. Burk
language : en
Publisher: University of Chicago Press
Release Date : 2009-08-01
The Patent Crisis And How The Courts Can Solve It written by Dan L. Burk 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 2009-08-01 with Political Science 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 prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
Yale Law Journal Volume 121 Number 3 December 2011
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Author : Yale Law Journal
language : en
Publisher: Quid Pro Books
Release Date : 2011-12-30
Yale Law Journal Volume 121 Number 3 December 2011 written by Yale Law Journal and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-30 with Law categories.
This issue of The Yale Law Journal (the third issue of Volume 121, academic year 2011-2012) features articles on "patent inflation" and on implementing federal health care reform within a state under principles of federalism. Contributors include the noted scholars Jonathan Masur and Abbe Gluck. The issue also features student contributions on punitive damages in tort law, taxation and "common control" doctrine, and the proper role of the Solicitor General. Ebook formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and comments), as well as fully-linked cross-references and properly presented tables.