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.
Patents And Innovation In China And Hong Kong
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Author : Yahong Li
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
Patents And Innovation In China And Hong Kong written by Yahong Li 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 2017-10-12 with Business & Economics categories.
The first book on how patents and innovation interact within the two co-existing patent systems in mainland China and Hong Kong.
Patent Wars
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Author : Thomas F. Cotter
language : en
Publisher: Oxford University Press
Release Date : 2018-06-01
Patent Wars written by Thomas F. Cotter 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 2018-06-01 with Law categories.
Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.
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.
Patently Contestable
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Author : Stathis Arapostathis
language : en
Publisher: MIT Press
Release Date : 2013
Patently Contestable written by Stathis Arapostathis and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Biography & Autobiography categories.
An examination of the fierce disputes that arose in Britain in the decades around 1900 concerning patents for electrical power and telecommunications. Late nineteenth-century Britain saw an extraordinary surge in patent disputes over the new technologies of electrical power, lighting, telephony, and radio. These battles played out in the twin tribunals of the courtroom and the press. In Patently Contestable, Stathis Arapostathis and Graeme Gooday examine how Britain's patent laws and associated cultures changed from the 1870s to the 1920s. They consider how patent rights came to be so widely disputed and how the identification of apparently solo heroic inventors was the contingent outcome of patent litigation. Furthermore, they point out potential parallels between the British experience of allegedly patentee-friendly legislation introduced in 1883 and a similar potentially empowering shift in American patent policy in 2011. After explaining the trajectory of an invention from laboratory to Patent Office to the court and the key role of patent agents, Arapostathis and Gooday offer four case studies of patent-centered disputes in Britain. These include the mostly unsuccessful claims against the UK alliance of Alexander Graham Bell and Thomas Edison in telephony; publicly disputed patents for technologies for the generation and distribution of electric power; challenges to Marconi's patenting of wireless telegraphy as an appropriation of public knowledge; and the emergence of patent pools to control the market in incandescent light bulbs.
Knowledge Governance
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Author : Reasserting the Public Interest
language : en
Publisher: Anthem Press
Release Date : 2014-10-01
Knowledge Governance written by Reasserting the Public Interest and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Business & Economics categories.
This book argues that the current international intellectual property rights regime, led by the World Trade Organization (WTO), has evolved over the past three decades toward overemphasizing private interests and seriously hampering public interests in access to knowledge and innovation diffusion. This approach concentrates on tangible and codified knowledge creation and diffusion in research and development (R&D) that can be protected via patents and other intellectual property rules and regulations. In terms of global policy initiatives, however, it is becoming increasingly clear that the WTO in particular is mostly a conflict-resolution facility rather than a global governance body able to generate cooperation and steer international coordinated policy action. At the same time, rent extraction and profits streaming from legal hyperprotection have become pervasively important for firm strategies to compete in a globalized marketplace. “Knowledge Governance: Reasserting the Public Interest” offers a novel approach – knowledge governance – in order to move beyond the current regime.
Patent Pledges
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Author : Jorge L. Contreras
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-03-31
Patent Pledges written by Jorge L. Contreras 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 2017-03-31 with Patent laws and legislation categories.
Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Comparative Patent Remedies
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Author : Thomas F. Cotter
language : en
Publisher:
Release Date : 2013-03-21
Comparative Patent Remedies written by Thomas F. Cotter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.