The Patent Crisis And How The Courts Can Solve It
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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...
The Patent Crisis And How Courts Can Solve It
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Author : Dan L. Burk
language : en
Publisher:
Release Date : 2014
The Patent Crisis And How Courts Can Solve It written by Dan L. Burk 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.
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 this book from the University of Chicago Press, 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.
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.
District Courts As Patent Laboratories
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Author : Jeanne C. Fromer
language : en
Publisher:
Release Date : 2015
District Courts As Patent Laboratories written by Jeanne C. Fromer 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.
This symposium article engages with Dan Burk and Mark Lemley's recent book, "The Patent Crisis and How the Courts Can Solve It," in which they suggest that courts should and do tailor patent law to particular technologies or industries, with the aim of providing appropriate incentives to innovate under the specific circumstances. Their book understandably focuses on the Federal Circuit's key role in this tailoring. I seek to enhance their contributions by arguing that federal district courts -- which receive less attention in their book -- are also particularly crucial for the development and application of technology- and industry-specific patent rules. I suggest possible improvements to the district courts' practices and relationships that might be fostered between the district courts and the Federal Circuit. These courts -- two of the most important components in the development of patent law -- could interact in advantageously symbiotic ways to tailor patent law to the particular needs of a technology or industry. In doing so, I discuss how the limitations and advantages of district courts and the Federal Circuit might each, respectively, be minimized and enhanced by treating the district courts as the Federal Circuit's patent laboratories.
Policy Levers Tailoring Patent Law To Biotechnology
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Author : Geertrui Van Overwalle
language : en
Publisher:
Release Date : 2015
Policy Levers Tailoring Patent Law To Biotechnology written by Geertrui Van Overwalle 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 their animated book 'The Patent Crisis and How the Courts can Solve It', Dan Burk and Mark Lemley give an account of their quest into the judicial treatment of patents in different industry sectors. They present an in-depth commentary on industry specific differences in the patent system from both a legal and economic perspective. The present article attempts to enrich the conversation by sketching the situation in Europe and providing an interesting measure for comparison. In doing so, the paper mainly focuses on the legal situation, and does not enter into the economics discussion. The paper concludes that current European patent law holds substantial potential for technology-specific application. Even though the European Convention (EPC) may have been conceived at its inception as a nominally neutral patent statute, our study clearly reveals that substantial discretion to differ the patent system by industry, and in particular to tailor it to the specificities of the biotechnology sector, is built into the system over the years. Although the EPC was introduced as a unitary regulatory tool, intended to operate the same way across technologies, EPO case law has shown increased interest and ability in tailoring patent law to the needs of distinct technology sectors, and in particular the biotechnology sector. Given the civil law tradition in which European patent law operates, a prevalence of well articulated macro rules openly set forth by the legislature was anticipated. However, a clear predominance of jurisprudential micro policy levers has emerged. Not all European policy levers uncovered in the present study, come to the advantage of the biotechnology industry. Closer analysis of the various policy levers, reveals that rather than systematically expanding the patent system to accommodate biotechnology inventions and stimulating innovation in the biotechnology sector, some policy levers narrow down the patent potential for biotechnological inventions, in an attempt to give echo to concerns of public health and ethical conscience.
Reforming Software Patents
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Author : Colleen V. Chien
language : en
Publisher:
Release Date : 2013
Reforming Software Patents written by Colleen V. Chien and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
While many believe the patent system has hit a historic and unprecedented low, discontent with patents is nothing new. In 1966, a Presidential Commission recommended prohibiting software patents because of the PTOņs inability to vet them. In 1883, the Supreme Court railed against Ňspeculative schemers who make it their business to watch the advancing wave of improvement and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax.ň In the past two patent crises that bear the greatest resemblance to the present day, in the late 1800s, farmers were sued by patent sharksň en masse over their use of basic farming tools that were covered by scores of patents. Railroads found themselves under attack as well, by competitors and patent speculators, who benefited from a patent damages doctrine called the doctrine of savings. In short, the problems that now confront the patent system are well-known. What is less well-known, however, is that many of the very reforms being considered abolishing certain types of patents, fee-shifting, and increasing maintenance fees for example have been called for and in many cases tried before, under similar and different conditions. During this historic moment, what can the past teach the present and the future about how to solve the software patent crisis? Based on my research, quite a lot. After three decades of chaos, the functional design patents that caused the agrarian patent crises were abolished according to a recent account. This did not happen by changing § 101 of the patent law but rather by tweaking the standards for granting a design patent. In the case of railroad patents, tweaks to the law and court leadership was key. So was industry organization, and collective action, in resolving the crisis. In both cases, history teaches away from broad based legislative reform and towards narrowly tailored incremental reform with lessons for today. For example, rather than trying to enact an independent invention defense, patent reformers could consider bolstering protection for users, which are in some situations protected in other countries and in the U.S. in the case of medical method patents, by encouraging courts to stay cases brought against them rather than the manufacturer. In addition to pushing for new changes to the law, modern day patent targets could better use industry organizations and collective action in their favor to pool information and prior art and capture economies of scale in taking advantage of the multiple ways a patent can be challenged after issuance. These and other suggestions and available historical and empirical evidence about what has been tried, what has worked, and what has not, are detailed in this paper.
Intellectual Property And Climate Change
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Author : Matthew Rimmer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-11-01
Intellectual Property And Climate Change written by Matthew Rimmer 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 2011-11-01 with Technology & Engineering categories.
'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.
Biotech Innovations And Fundamental Rights
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Author : Roberto Bin
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-05-13
Biotech Innovations And Fundamental Rights written by Roberto Bin and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-13 with Law categories.
Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities. Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents.
Defend Innovation
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Author : Adi Kamdar
language : en
Publisher:
Release Date : 2015
Defend Innovation written by Adi Kamdar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Computer software categories.
The patent system is in crisis. Patents, particularly software patents, have become a tool for intimidation and expensive litigation, chilling the very innovation the patent system was supposed to encourage. This paper synthesizes a huge corpus of material gathered in connection with the Defend Innovation project, comments and criticism from software engineers and lawyers, news stories and anecdotes, legislative efforts and court cases, with our own experience in the patent space. In Part 1, you will find a rundown of the issues plaguing the patent system today. In Part 2, we propose a series of solutions that Congress, the Patent Office, the courts, and companies can implement. Many question whether software patents should exist at all. Part 3 addresses this fundamental issue.
Intellectual Property And Emerging Technologies
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Author : Matthew Rimmer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Intellectual Property And Emerging Technologies written by Matthew Rimmer 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 2012-01-01 with Technology & Engineering categories.
This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.