Rethinking The Development Of Patents
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Rethinking The Development Of Patents
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Author : Adam Mossoff
language : en
Publisher:
Release Date : 2014
Rethinking The Development Of Patents written by Adam Mossoff 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.
The history of patents begins, not with inventions, but with royal grants of industrial monopolies in the fifteenth century. By the end of the eighteenth century, however, patents represent a right to property in a novel mechanical or scientific invention. Commentators today maintain that this radical shift from royal monopoly privilege to legal property right occurred solely in response to economic or institutional demands. While political, economic and institutional conditions certainly played a role in this story, this article maintains that the ideas of John Locke were the fountainhead behind the evolution of patents for inventions. Although there were fits and starts toward a new patent doctrine in the seventeenth century, the watershed moment occurred when the common law courts acquired jurisdiction over patents from the Privy Council in the mid-eighteenth century. The common law judges - learned men steeped in the traditional rights of Englishmen and in the philosophy of natural rights - redefined the doctrine of patents by drawing upon the ideas that formed the basis of their own political and legal philosophy. The result was the novelty and the specification requirements, which are first described by Lord Mansfield and Justice Buller in terms that reflect John Locke's labor theory of property and social contract theory. In surveying the historical record, i.e., in looking at the ways in which royal councilors, judges and inventors conceived of patents between 1550 and 1800, the influence of Locke's ideas upon this important legal doctrine is evident. This provenance of patent law thus suggests that an inventor's moral right to the property in one's invention should play a role in the ongoing debate concerning the protections afforded by the patent laws.
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.
Rethinking Intellectual Property
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Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-01-26
Rethinking Intellectual Property written by Gustavo Ghidini 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 2018-01-26 with Law categories.
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
No Dilettante Affair
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Author : Janice M. Mueller
language : en
Publisher:
Release Date : 2015
No Dilettante Affair written by Janice M. Mueller 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.
Scientists who require multiple quot;research toolsquot; (i.e., laboratory resources such as transgenic animals and biological receptors) to develop new drugs and medical diagnostic products are frequently finding that these tools are patented or subject to other proprietary constraints. Stacking royalty obligations and heightened transaction costs resulting from the proliferation of patents on research tools threaten to slow or stop the development of new drugs and devices critical to public health. Because U.S. courts have very narrowly interpreted the common law quot;experimental usequot; defense of patent law as limited to quot;dilettantequot; uses of inventions for mere quot;amusementquot; or ''philosophical'' inquiry, scientists face the daunting choice of either negotiating numerous licenses or risking the possibility that their research and development will be enjoined. In response to this dilemma of mounting transaction costs and increasingly restricted access to patented research tools, this Article argues for a broadened rule of quot;development usequot; that would permit scientists to use certain patented research tools without prior authorization, but require that the research tool patent owner be paid an ex post royalty based on the ultimate commercial success of the new drugs or other products developed through use of the tool. This quot;reach-throughquot; royalty approach maintains incentives for the development and patenting of new research tools, but alleviates the access restrictions and up-front costs currently associated with their acquisition and use.
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.
The Terminator Patent And Its Discontents
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Author : Ikechi Mgbeoji
language : en
Publisher:
Release Date : 2014
The Terminator Patent And Its Discontents written by Ikechi Mgbeoji 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.
Arguably, no other biotechnological invention has been excoriated with so much confused rhetoric on “utility” as the invention relating to Genetic Use Restriction Technologies (“GURTs”) patented in the United States, Canada, Australia, Belgium, Bulgaria, Denmark and many other countries. Otherwise known by their rather inflammatory nickname of both “terminator patents,” GURTs have become the litening rod for both technophiles and Luddites. At the heart of the controversy is a misunderstanding of the changed meaning of the concept of utility in patent law. This paper argues that while the public understanding of utility as social usefulness is well grounded in history of patent law, modern development in the jurisprudence of utility has not been stagnant. To the contrary, utility in patent has moved from puritanical notions to its current articulation as the ability of an invention to do what it promises to do as per the disclosure filed with the patent office. In other words, the test of utility is no longer anchored on whether the alleged invention is socially useful or ethically permissible. Rather, the overriding criterion in modern patent law is whether the alleged invention performs or fulfills what it predicts to do as per its disclosure. In order to appreciate this shift, it has to be born in mind that across the centuries, courts in various jurisdictions have evolved in their conception of what utility means in patent law. From an original focus on social usefulness with a puritanical slant, utility has moved to a struggle between social usefulness and mechanical operability and now to mechanical predictability. Consequently, this paper argues that a fundamental misconception on the recent criticisms against the utility or otherwise of “terminator” technologies is that utility is mistaken for its original notion of social usefulness. The present reality is that utility of inventions has weaned itself from the high-minded impulses of the Venetian patent system and the British Statute of Monopolies.
Rethinking Patents
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Author : Frederick M. Abbott
language : en
Publisher:
Release Date : 2016
Rethinking Patents written by Frederick M. Abbott 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.
Tracing back to the Venetian patent law of the 1400s the motivation underlying the grant of the patent was to encourage inventorship and contribution to society. Today patents have become a financial commodity treated much as any other asset of a business. Despite the evolution of the social construct in which ideas become financial assets, the public narrative of intellectual property (IP) and patents remains focused on the concept of the individual inventor and the encouragement of creative activity. The narrative is a valuable one from the standpoint of large industrial and post-industrial organizations. If an individual expends his or her effort in generating a new idea, he or she should reap suitable rewards for the contribution to society. A patent generally gives its owner the right to prevent third parties from exploiting that same invention or creation. As a reward or encouragement, it empowers the patent owner to secure a 'producer surplus' above that which would be provided in a purely competitive environment. The producer surplus in favor of the patent owner reduces the funds in the hands of consumers, and consumer expenditures in favor of other producers. The patent owner benefits from a government-mandated right to exclude. Patents are, in essence, a private right to tax, although a tax that is dependent (in most cases) on the willingness of consumers to pay it. There is a fundamental question regarding the allocation of a monopolistic private tax to large industrial and post-industrial organizations: that is, does the power to collect a monopoly tax entail public responsibilities? The underlying theme of public discourse is 'no'. That is, the financial asset (i.e. patent) is regarded as freely alienable property that may be used as the owner deems fit, subject only to the general restrictions on uses of property. So, for example, there is no apparent limitation on the level of private tax that may be collected, and no concept of progressive taxation such as might ordinarily be adopted by a government taxing authority. Moreover, there is no restriction on what uses may be made of the tax. Unlike a government that is typically constrained concerning the areas in which it might make expenditure, the recipient of the private monopoly patent tax is free to make whatever use of it is deemed appropriate. This essay addresses a fundamental issue, that is, the basis on which public discourse concerning patents takes place. One way to begin to shift towards legislative responsibility is by changing the language of the discourse. Patents are not 'intellectual property'. They are 'private monopolies' established by legislatures. They should be subject to regulation as such.
Rethinking International Intellectual Property Law
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Author : Christophe Geiger
language : en
Publisher:
Release Date : 2015
Rethinking International Intellectual Property Law written by Christophe Geiger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Intellectual property categories.
This publication brings together voices of eminent international experts in the field of international intellectual property law, which increasingly play a central role in resolving essential economic, social and even ethical debates at global level. We hope that this publication can stimulate some further research or policymaking towards a balanced and efficient legal ecosystem for international intellectual property.
The Changing Frontier
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Author : Adam B. Jaffe
language : en
Publisher: University of Chicago Press
Release Date : 2015-08-14
The Changing Frontier written by Adam B. Jaffe 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 2015-08-14 with Business & Economics categories.
In 1945, Vannevar Bush, founder of Raytheon and one-time engineering dean at MIT, delivered a report to the president of the United States that argued for the importance of public support for science, and the importance of science for the future of the nation. The report, Science: The Endless Frontier, set America on a path toward strong and well-funded institutions of science, creating an intellectual architecture that still defines scientific endeavor today. In The Changing Frontier, Adam B. Jaffe and Benjamin Jones bring together a group of prominent scholars to consider the changes in science and innovation in the ensuing decades. The contributors take on such topics as changes in the organization of scientific research, the geography of innovation, modes of entrepreneurship, and the structure of research institutions and linkages between science and innovation. An important analysis of where science stands today, The Changing Frontier will be invaluable to practitioners and policy makers alike.
Artificial Intelligence And Intellectual Property
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Author : Reto Hilty
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-02-25
Artificial Intelligence And Intellectual Property written by Reto Hilty 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 2021-02-25 with Law categories.
This edited volume provides a broad and comprehensive picture of the intersection between Artificial Intelligence technology and Intellectual Property law, covering business and the basics of AI, the interactions between AI and patent law, copyright law, and IP administration, and the legal aspects of software and data.