Patents law Books
Edward Elgar Publishing Ltd The International Law of Biotechnology
Book SynopsisIn this thoroughly updated second edition, Matthias Herdegen provides a comprehensive and contemporary assessment of the regulation of biotechnology processes and products from an international and comparative perspective, complete with analysis of intricate legal and ethical debates.Trade Review‘The 2nd edition of this magisterial work remains an essential reference work on the international law of biotechnology, now updated with the latest developments. The book is and remains a must-read for anyone interested in biotechnology law and a valuable reference guide for experts working in this field.’ -- Prof. Dr. Claudia Seitz, M.A. (London), Professor for Public Law, European Law, International Law and Life Sciences Law at the Faculty of Law of the Private University in the Principality of LiechtensteinTable of ContentsContents: Preface 1. Introduction: regulation of biotechnology, between anxieties and trust in scientific progress 2. Law and ethics: an intriguing interplay 3. Risks, perceptions and the law: regulatory approaches to risk 4. The biotech challenge to human dignity, life and freedom of choice: human rights 5. From test tube babies to human clones: salient issues in the international law of biomedicine 6. GMOs, crops and precaution: biotechnology and international protection of the environment 7. Combating biopiracy: access to genetic resources 8. Phantom risks and legitimate concerns: biotechnology and international trade law 9. Inventors’ claims to life: intellectual property rights and biotechnological inventions 10. Conclusion: legal values, individual rights and democratic choices in a pluralist world Index
£85.00
Edward Elgar Publishing Ltd Proceedings Before the European Patent Office: A
Book SynopsisThe second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.Trade Review'The book is an excellent read for anyone preparing for their first oppositions or appeals, as it gives a very good overview with practical tips as well as common pitfalls to avoid. For the more experienced ones, the big benefit of the book is the abundant references to case law. A section I particularly appreciated was the very clear and explicit explanation of hearing of witnesses. Another big bonus is of course the references to the 2020 Rules of Procedure of the Boards of Appeal.' --Kaisa Suominen, Moosedog Oy, Finland'This excellent book brings together the theory and practice of opposition and appeal at the European Patent Office. The expert authors explain the legal framework in an accessible manner and provide numerous tips which are based on many years of experience. This book helps you to make the right choices already during drafting the patent application and in opposition so that you will be in the best possible starting position for your appeal under the 2020 Rules of Procedure.' --Nyske Blokhuis, EP&C Patent Attorneys, the Netherlands/BelgiumTable of ContentsContents: Preface 1. Introduction 2. Drafting and prosecution stage 3. Opposition stage 4. Appeal stage – inter partes appeals 5. Appeal stage – ex parte appeals 6. Further issues 7. Conclusion Index
£59.80
Scarecrow Press There May Be Trouble Ahead A Practical Guide to
Book SynopsisTrade ReviewLex's practical guide provides a wonderful overview of the elements of patent asset management. It covers an amazing amount of ground in a relatively small number of pages. It provides excellent insights by someone who obviously has a lot of experience in the area. I would definitely recommend it as an addition to any intellectual asset management library. -- Harry J. Gwinnell, Vice President and Chief Intellectual Property Counsel, Cargill IncorporatedThis book is essential reading for patent professionals and executives responsible for managing patent assets. It highlights many of the ideas that an organization should focus on to manage its patent assets. Applying these concepts can help an organization of any size to understand the value of its portfolio and how to cost effectively exploit it. I share some of the ideas and concepts laid out in this book, and they have enabled Hitachi to generate substantial royalty income for years. People who wish to turn their IP assets into truly meaningful business assets should read this book. -- Yasuo Sakuta, Executive Officer of Intellectual Property Group, Hitachi, Ltd.This short book by Lex van Wijk is described as being a practical guide, and it lives up to this description. Many books and articles on patent asset management describe elaborate mathematical methods for calculating cash valuations of patent portfolios,and often seem to be out of touch with reality. This book gives a clear and simple approach to the evaluation of inventions and patents, and encourages companies to consider whether their patenting strategy really matches their business and R&D strategies. I thoroughly recommend this book to all patent attorneys working in industry, as well as to managers in need of an introduction to this subject... -- Dr. Philip Grubb, Author of Patents for Chemicals, Pharmaceuticals and BiotechnologyMany knowledge-based companies do not realise the importance of patent asset management until it is too late. The success of critical corporate events such as mergers, capital raisings or significant lawsuits can hinge on how effective a company has been in protecting and managing its intellectual property. This book provides the conceptual tools to address this issue. -- Dieter Turowski, Managing Director, Investment Banking Division, Morgan StanleyHaving served several large companies as a patent attorney, Wijk shares the fundamental elements of effective patent management for companies of any size, passing over such details as case law, national requirements, and litigation strategies. Among his topics are developing a patent strategy, evaluating inventions, and creating a new intellectual property culture. * Scitech Book News *Commercialisation of IP is now considered essential for success in business and indeed of the economies of nations. Trade Agreements take into account IP issues. This book provides an insight into the business world from an author who has experienced the development of IP awareness from its confined area of a few years ago to its broad recognition today. This is essential reading for managers and directors of companies with an interest in technological development and for patent professionals who now must not only obtain IP rights for clients but guide those clients on the appropriate use of it. This work does not resort to platitudes as many texts do and is therefore easily followed and its teachings remembered. An exercise in plain English. Much of what is taught is available elsewhere. This text puts it together for the benefit of the reader. The work does reveal the patent attorney background of the author but that is its strength, not a weakness. -- Malcolm Royal, Phillips Ormonde & FitzpatrickThis short book by Lex van Wijk is described as being a practical guide, and it lives up to this description. Many books and articles on patent asset management describe elaborate mathematical methods for calculating cash valuations of patent portfolios, and often seem to be out of touch with reality. This book gives a clear and simple approach to the evaluation of inventions and patents, and encourages companies to consider whether their patenting strategy really matches their business and R&D strategies. I thoroughly recommend this book to all patent attorneys working in industry, as well as to managers in need of an introduction to this subject. -- Dr. Philip Grubb, Author of Patents for Chemicals, Pharmaceuticals and BiotechnologyTable of ContentsPart 1 Foreword Part 2 Preface Part 3 Acknowledgments Chapter 4 1 Effective Patent Asset Management Chapter 5 2 Developing a Patent Strategy Chapter 6 3 Alignment of Strategies Chapter 7 4 Evaluating Inventions Chapter 8 5 Measuring the Performance of a Company's Patent Assets Chapter 9 6 Creating a New IP Culture Part 10 Bibliography Part 11 Legal Disclaimer Part 12 Index Part 13 About the Author
£40.50
Cambridge University Press Legal Informatics
Book SynopsisThis groundbreaking work offers a first-of-its-kind overview of legal informatics, the academic discipline underlying the technological transformation and economics of the legal industry. Edited by Daniel Martin Katz, Ron Dolin, and Michael J. Bommarito, and featuring contributions from more than two dozen academic and industry experts, chapters cover the history and principles of legal informatics and background technical concepts including natural language processing and distributed ledger technology. The volume also presents real-world case studies that offer important insights into document review, due diligence, compliance, case prediction, billing, negotiation and settlement, contracting, patent management, legal research, and online dispute resolution. Written for both technical and non-technical readers, Legal Informatics is the ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field.Trade Review'This is not just a book. It is a movement. In this superb collection, Katz, Dolin, and Bommarito not only provide a comprehensive primer on why the market for legal services is being disrupted, and how this disruption will take place, but also lay the groundwork for a whole new discipline - legal informatics - that can supply the intellectual and practical scaffolding for the new legal world these changes will bring into being. It is required reading for anyone seeking to participate in this transformation, or who will be affected by it - which, as this seminal volume makes clear, is all of us.' David Wilkins, Lester Kissel Professor of Law and Faculty Director of the Center on the Legal Profession, Harvard Law School'This volume is a treasure trove for anyone interested in how technology can enable and enhance the delivery of legal services. The editors have done a first rate job of curating the research, insights and practical experiences of many of the world's leading experts. The field of legal informatics, at least 60 years of age, at last has its own definitive text.' Richard Susskind OBE, President of the Society for Computers and Law, author of Tomorrow's Lawyers'Informatics is not the frontier of law. It has lurched toward the center, shoved forward by the rush to embed algorithmic decision making into everything from cars to phones to facial recognition technology. Whether you are a newcomer in search of a curated overview, or a #legaltech frequent flyer looking for the state of the art, this is the one book you need to make sense of it all.' Eddie Hartman, Co-founder of LegalZoom, Partner at Simon-Kucher & PartnersTable of ContentsPart I. Introduction to Legal Informatics: 1. Motivation and Rationale for this Book Daniel Martin Katz, Ron Dolin and Michael J. Bommarito II; 2. Technology Issues in Legal Philosophy Ron Dolin; 3. The Origins and History of Legal Informatics Michael J. Bommarito II; Part II. Legal Informatics – Building Blocks and Core Concepts: 4. Representation of Legal Information Katie Atkinson; 5. Information Intermediation Ron Dolin; 6. Preprocessing Data Michael J. Bommarito II; 7. XML in Law: The Role of Standards in Legal Informatics Ron Dolin; 8. Document Assembly and Automation Marc Lauritsen; 9. AI + Law: An Overview Daniel Martin Katz; 10. Machine Learning Daniel Martin Katz and John Nay; 11. Natural Language Processing for Legal Texts John Nay; 12. Introduction to Blockchain and Cryptography Nelson M. Rosario; 13. Legal Informatics-Based Technology in Broader Workflows Kenneth Grady; 14. Gamification of Work and Feedback Systems Stephanie Kimbro; 15. Introduction to Design Thinking for Law Margaret Hagan; 16. Measuring Legal Quality Ron Dolin; Part III. Legal Informatics Use Cases: 17. Contract Analytics Noah Waisberg: 18. Contracts as Interfaces: Visual Representation Patterns in Contract Design Helena Haapio and Stefania Passera; 19. Distributed Ledgers, Cryptography, and Smart Contracts Nina Gunther Kilbride; 20. Patent Analytics: Information from Innovation Jevin D. West and Andrew W. Torrance; 21. The Core Concepts of E-Discovery Jonathan Kerry-Tyerman and AJ Shankar; 22. Predictive Coding in E-Discovery and The NexLP Story Engine Irina Matveeva; 23. Examining Public Court Data to Understand and Predict Bankruptcy Case Results Warren Agin; 24. Fastcase, and the Visual Understanding of Judicial Precedents Ed Walters and Jeff Asjes; 25. Mining Information from Statutory Texts in a Public Health Domain Kevin Ashley; 26. Gov2Vec: A Case Study in Text Model Application to Government Data John Nay; 27. Representation and Automation of Legal Information Katie Atkinson; 28. Online Dispute Resolution Dave Orr and Colin Rule; 29. Access to Justice and Technology: Reaching a Greater Future for Legal Aid Ronald W. Staudt and Alexander F. A. Rabanal; 30. Designing Legal Experiences: Online Communication and Resolution in Courts Maximilian A. Bulinski and J.J. Prescott; Part IV. Legal Informatics in the Industrial Context: 31. Adaptive Innovation: The Innovator's Dilemma in Big Law Ron Dolin and Thomas Buley; 32. Legal Data Access Christine Bannan; 33. A History of Knowledge Management at Littler Mendelsohn Scott Rechtshaffen; 34. Google Legal Operations Mary O'Carroll amd Stephanie Kimbro.
£147.25
Bloomsbury Publishing PLC A Practitioners Guide to the Unified Patent Court
Book SynopsisThis book provides practical and detailed account of all procedural aspects of the Unified Patent Court and Unitary Patent system. The book also explains how the UPC works in the context of the wider European patent system, particularly the EPO and the UK. It considers how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:- The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings;- Rules on competence, substantive law, jurisdiction, language and judges;- The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. NEW TO THE 2ND EDITION: Additional chapters on the impact of the UPC and Unitary Patent on managing licences, and on confidentiality; coverage of the latest UPC guidance; references and case notes on every significant procedural case from the UPC divisions and the Court of Appeal; and coverage of every Rule of the Rules of Procedure. The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies points of interpretation. A must read for private practitioners and in-house counsel.
£152.00
Oxford University Press Inc Patent Law in Global Perspective
Book SynopsisPatent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests.Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnolTrade Review"Ruth Okediji and Margo Bagley have stitched together a vast tapestry into which all the strands of credible patent theory past and present have been skillfully woven. The resulting work has colour, depth, and reflects both those areas of consensus that have driven patent systems together and those dissonances which come so close to shaking them apart. Whatever your view of patents, this collection of essays will be sure to enhance it." --Jeremy Phillips, Professorial Fellow, Queen Mary Intellectual Property Research Institute "Though much of the recent literature on international patent law focuses on harmonization, there is considerable cross-national diversity in patent law and practice. Patent Law in Global Perspective is the best single source describing the reasons for this diversity, the tradeoffs countries face in designing patent law, and the implications of these choices. Fascinating and informative, it will be valuable not only for academics doing research on patents, but also to policymakers considering the wisdom of different policy approaches." --Bhaven N. Sampat, Associate Professor, Columbia UniversityTable of ContentsAcknowledgments ; Preface ; Introduction ; Table of Abstracts ; Chapter 1: Public Welfare and the International Patent System ; Ruth L. Okediji ; Part I-Global Patent Law and the Political Economy of Harmonization ; Chapter 2: Intellectual Property Lawmaking, Global Governance, and Emerging Economies ; Rochelle C. Dreyfuss ; Chapter 3: US Executive Branch Patent Policy, Global and Domestic ; Arti K. Rai ; Chapter 4: Transnational Legal Ordering and Access to Medicines ; Gregory Shaffer and Susan K. Sell ; Chapter 5: The Limits of Substantive Patent Law Harmonization ; Graham Dutfield ; Part II-Global Approaches to Subject Matter Standards and Eligibility ; Chapter 6: Patent Barbarians at the Gate: The Who, What, When, Where, Why and How of U.S. Patent Subject Matter Eligibility Disputes ; Margo A. Bagley ; Chapter 7: Patent Law's Problem Children: Software and Biotechnology in Transatlantic Context ; Dan L. Burk ; Chapter 8: Patenting Plants: A Comparative Synthesis ; Mark D. Janis ; Chapter 9: Enablement and Written Description ; Matthew Fisher ; Part III-Patents, Institutions, and Innovation Pathways ; Chapter 10: Indigenous Developmental Networks and the Non-developmental State: Making Intellectual Property Work for Indigenous People without Patents ; Peter Drahos ; Chapter 11: Observing the Patent System in Social and Political Perspective: A Case Study of Europe ; Shobita Parthasarathy and Alexis Walker ; Chapter 12: Toward a Theory of Regulatory Exclusivities ; John R. Thomas ; Part IV-Exceptions and Limits to Patent Protection ; Chapter 13: A False Sense of Security Offered by Zero-Price Liability Rules? Research Exceptions in the United States, Europe, and Japan in an Open Innovation Context ; Esther van Zimmeren and Geertrui van Overwalle ; Chapter 14: Exhaustion and Patent Rights ; Christopher Heath ; Chapter 15: A New Approach to the Compulsory License Conundrum ; Cynthia M. Ho ; Chapter 16: Balancing "Incentive to Innovate" and "Protection of Competition" ; An African Perspective on Intellectual Property Rights and Competition Law ; Mor Bakhoum ; Part V-TRIPS Compliance, Patent Enforcement, and Patent Remedies ; Chapter 17: Patentability Criteria as TRIPS Flexibilities: The Examples of China and India ; Daniel Gervais ; Chapter 18: Proof of Progress: The Role of the Inventive Step/Non-obviousness Standard in the Indian Patent Office ; Feroz Ali Khader and Srividhya Ragavan ; Chapter 19: Pharmaceutical Patent Enforcement: A Development Perspective ; Shamnad Basheer, Jay Sanklecha and Prakruthi Gowda ; Chapter 20: A Research Agenda for the Comparative Law and Economics of Patent Remedies ; Thomas F. Cotter ; Chapter 21: The Rule of Patent Law (RPL) as Established by the TRIPS Agreement and Its Role of Promoting Trade Rather than Invention ; Nuno Pires de Carvalho ; Index
£112.62
The University of Chicago Press The Patent Crisis and How the Courts Can Solve It
Book SynopsisPatent law encourages technological innovation. But as the patent system stands, are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system. This title argue that courts should use legal tools already present in the patent statute to suit the needs of various industries.Trade Review"A thoughtful, intelligent argument that would be appreciated by most practitioners.... Highly recommended." (Choice) "A fascinating introduction to a scholarly literature that, at least so far, raises as many questions as it answers." (Science)"
£80.00
Taylor & Francis Ltd Contemporary Issues in Pharmaceutical Patent Law
Book SynopsisThis collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challengesTrade Review'The editors have mustered a wide range of authors, including legal practitioners, academics and a Constitutional Court Justice, to opine on a broad range of topical issues confronting rule-makers concerning pharmaceutical patent law. This diversity makes for a varied discussion.' John A. Tessensohn, European Intellectual Property Review 'A solid reference book for scholars and those interested in governments’ struggle between incentivising innovation and access to affordable medicine.' John A. Tessensohn, European Intellectual Property ReviewTable of Contents1. Introduction: A Holistic Approach to Pharmaceutical Patent Law and Policy, Bryan Mercurio and Daria Kim Part 1: Pharmaceutical Patents and Related Types of Protection 2. Patentability of Pharmaceutical Inventions under TRIPS: Domestic Court Practice Testing International Policy Space, Roberto Romandini and Henning Grosse Ruse-Khan 3. Biologics, Biosimilars and Other Idiosyncrasies, Yaniv Heled 4. Index of Data Exclusivity and Access (IDEAS): An Analysis of Test Data Exclusivity Provisions in Free Trade Agreements and National Laws, Owais Hassan Shaikh 5. Patent Linkage Regulations: The Importance of Context and of Balancing Competing Interests, Bryan Mercurio Part 2: Balancing Patent Protection with Available Flexibilities 6. The Bolar Exception: Legislative Models and Drafting Options, Carlos Correa 7. Compulsory Licensing: Threats, Use and Recent Trends, Chang-fa Lo 8. A Manufacturing for Export Exception, Xavier Seuba, Luis Mariano Genovesi and Pedro Roffe Part 3: A Broader View on Incentives for Pharmaceutical Innovation 9. The Price of Exclusivity: The Economics of Patent Extensions and Data Protection, Aidan Hollis and Paul Grootendorst 10. Rationalizing Innovation Incentives under Drug Approval Regulation: National Policy Perspective, Daria Kim 11. The Trans-Pacific Partnership Agreement and Its Implications for Access to Medicine, Jakkrit Kuanpoth
£41.79
Taylor & Francis Ltd Intellectual Property and the Law of Ideas
Book SynopsisIdeas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection foTable of ContentsChapter 1 Introduction to the Law of IdeasChapter 2 Legal Theories of Idea ProtectionContract LawBreach of Express ContractBreach of Implied ContractUnjust Enrichment and Quasi-ContractBreach of Confidence or Confidential RelationshipMisappropriation of PropertyChapter 3 Intellectual Property Protection and PreemptionPatent LawCopyright LawTrademark LawTrade Secret LawFederal Preemption of State Law Theories of Idea ProtectionPatent PreemptionCopyright PreemptionTrade Secret PreemptionChapter 4 Requirements for Idea ProtectionThe Novelty RequirementThe Concreteness RequirementChapter 5 Scope of Liability for Idea TheftRecipient’s Use of the IdeaThe "Blurt-Out" DefenseThe Independent Development DefenseChapter 6 Comparative Approaches to Idea ProtectionProtection of Ideas under International Intellectual Property LawProtection of Ideas under National LawsChapter 7 Practical Aspects of Idea SubmissionsIdea Providers: The Nondisclosure AgreementIdea Recipients: The Idea Submission AgreementChapter 8 Selected Bibliography on the Law of IdeasIndex of Main Cases and AuthoritiesIndex of Terms
£17.99
Harvard University Press Invented by Law
Book SynopsisChristopher Beauchamp debunks the myth of Alexander Graham Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers during fiercely contested battles for patent monopoly. The courts anointed Bell father of the telephone—likely the most consequential intellectual property right ever granted.Trade ReviewEnlarges our understanding of the Bell legacy by inviting us to step back from the myths and the moralizing, the hero worship and the scandal mongering. Though inventors became celebrities in industrializing America, it was not individual ingenuity but the legal wizardry of patents—and the shrewd, increasingly influential lawyers who secured them—that most powerfully shaped technology, the economy, and society. Beauchamp uses the story of the lawyers who made Bell the inventor of the telephone to show how the patent became a key weapon of market power and the cornerstone of a new legal–industrial complex. -- Graeme Gooday * Boston Review *Invented by Law shows how an epic late-nineteenth-century contest over intellectual property rights shaped the communications networks of twentieth-century America. Monopoly, Beauchamp concludes, was made and not born, an insight that raises troubling questions about the idealization of patent rights not only in the age of Alexander Graham Bell, but also in our own. -- Richard R. John, Columbia UniversityInvented by Law offers an utterly convincing reinterpretation of the legal struggles over the telephone patents and the making of the Bell telephone monopoly. Beauchamp locates lawyers as the leads in a historical drama that used to pay attention solely to inventors and those who claimed to be inventors. But his deeper contribution is to make the rise of the Bell empire both deeply contingent and deeply evocative of the transatlantic capitalist culture that came into being at the end of the nineteenth century. A brilliant work of economic-legal history, one shaped by meticulous and imaginative research and by an iconoclastic historical imagination. -- Hendrik Hartog, author of Someday All This Will Be Yours
£30.56
Princeton University Press Innovation and Its Discontents
Book SynopsisThe United States patent system has become sand rather than lubricant in the wheels of American progress. This work tells the story of how changes in patenting - an institutional process that was created to nurture innovation - have wreaked havoc on innovators, businesses, and economic productivity.Trade ReviewOne of Economist's Best Books , Economics and Business Category for 2004 "A lucid, entertaining and sobering look at the American patent system."--Hal R. Varian, New York Times "A disturbing analysis of how the patent system, the heart of the knowledge economy, is rotten. With plenty of examples, the authors explain how America's patent system has become slow and bureaucratic, awarding too many patents for the wrong sorts of things. As a result, it is a threat to this most innovative economy."--Economist "This book sounds an alarm bell that is hard to ignore since this is a policy area, which is very important for the national interests of the United States. The authors maintain that the present patent system in this country is profoundly flawed."--Giuseppe Ammendola, American Foreign Policy Interests "This is a timely and concise book that presents a comprehensive and convincing argument about the not-so-explicit changes in U.S. patent law beginning in 1982, changes that the authors argue have broken a patent system that worked previously."--Zainub Verjee, Leonardo Reviews "Adam Jaffe and Josh Lerner have given us a wonderfully timely book--and also one that is beautifully executed. If Congress is to reform the system, the public ought to understand its current failings."--Rochelle Dreyfuss, Michigan Law Review "The authors should be applauded for their straight-forward approach and their focus on definite practices such as the patent application process. With elucidating, often entertaining examples this book would be appropriate as supplemental text for students and scholars of intellectual property rights."--Erik N. Dean, Journal of Economic IssuesTable of ContentsPreface ix Introduction: They Fixed It, and Now It's Broke 1 CHAPTER 1: Today's Patent System at Work 25 CHAPTER 2: The Dark Side of Patents 56 CHAPTER 3: The Long Debate 78 CHAPTER 4: The Silent Revolution 96 CHAPTER 5: The Slow Starvation 127 CHAPTER 6: The Patent Reform Quagmire 151 CHAPTER 7: Innovation and Its Discontents 170 Notes 209 Index 229
£25.50
McFarland & Company Patents Handbook A Guide for Inventors and
Book SynopsisPresents a general overview of the US patent system, covering such issues as the patent document and patent infringement. This book discusses the requirements of invention and the conditions for patentability, detailing the patent application and the approval process.
£27.54
Stanford University Press The Eureka Myth
Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.
£84.15
Stanford University Press The Eureka Myth
Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.
£21.59
Scarecrow Press Patents as Scientific and Technical Literature
Book SynopsisAfter an introduction to patents, their historical development and their current characteristics, this book describes the uses to which patents can be put, followed by details of their availability.Trade ReviewYou get a lot for your money with this book...content is extensive...historical background enlightening and more universal than other texts...has a good international viewpoint. * The Library Association Record *...comprehensive and yet is approachable...an outstanding contribution to the professional literature. * Australian Library Journal *
£129.60
Edward Elgar Publishing Ltd Patent Misuse and Antitrust Law
Book SynopsisThis unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today’s leading practitioners, judges, government officials and academics.Trade ReviewThis is a long overdue book on the evolution of the US doctrine of patent misuse and its relationship with antitrust law. --Steven Anderman, Queen Mary Journal of Intellectual PropertyPatent Misuse and Antitrust Law in an excellent analysis of an understudied area of law bound to become increasingly important as watershed controversies and reforms continue to buffet patent law. --Shannon L. Malcolm, Law Library JournalOne of the most detailed and insightful analyses of the important, but maddeningly vague, doctrine of patent misuse and its relationship to antitrust law… Professor Lim tackles this complicated topic in an innovative and effective way. In addition to thoughtful legal, economic, and policy analysis, he uses a comprehensive empirical survey and coding of all patent misuse cases through the end of 2012 and substantial qualitative empirical research through interviews with practitioners and judges about the perceived, and actual, metes and bounds of this slippery doctrine. He thus throws valuable light on the state of the conventional wisdom as well as when and how actual practice and case law departs from that conventional wisdom --Spencer Weber Waller, World Competition Law and Economics ReviewTable of ContentsContents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index
£142.50
Edward Elgar Publishing Ltd Pharmaceutical Innovation Competition and Patent
Book SynopsisConsidering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination.Trade Review'In sum, the book is well written, interesting and very topical. It is written by very knowledgeable lawyers, which is reflected in the high quality of the articles. . . I recommend this book, not only for academics but for practicing lawyers as well. Many of the contributions contain valuable ''take home messages'', which should be taken into account in the discussions.' --Marcus Norrgard, International Review of Intellectual Property and Competition Law'This is an intriguing selection of topical essays addressing fundamental questions of pharmaceutical innovation. It is comprised of a high-profile list of contributors, including academics, judges and practitioners from the U.S., Europe and Japan, who ''explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicines and health care''. . . This is an enjoyable, readable and interesting book containing thorough studies of ''hot'' legal issues in the pharma sector converging in an decisive era for pharmaceutical innovation. It ought to be found in any library that has reserved space for pharma-, IP- or competition law-related literature.' --Jur. Dr. Timo Minssen, European Competition Law Review Table of ContentsContents: Introduction Nari Lee and Josef Drexl PART I: PATENT PROTECTION FOR PHARMACEUTICAL METHODS 1. The Patentability of Genetic Diagnostics in US Law and Policy Rochelle C. Dreyfuss 2. Patentability of Pharmaceutical Innovations: The European Perspective Rainer Moufang 3. Patentability of Medical Methods in Japan Nari Lee PART II: DATA EXCLUSIVITY AND PATENT TERM EXTENSION: CONVERGENCE OR DIVERGENCE 4. Patent Term Restoration and Non-Patent Exclusivity in the US Margo A. Bagley 5. Clinical Data, Data Exclusivity and Private Investment Protection in Europe Christian R. Fackelmann 6. Patent Term Extension in Japan: An Academic and Comparative Perspective Ryoko Iseki 7. Recent UK Case Law on Supplementary Protection Certificates Richard Arnold 8. Patent Term Extension in Japan: Focusing on the Pacif Capsule Decision Toshiaki Imura PART III: BALANCING INCENTIVES AND COMPETITION IN EUROPE 9. Strategic Patenting by the Pharmaceutical Industry: Towards a Concept of Abusive Practices of Protection Hanns Ullrich 10. Anticompetitive Marketing in the Context of Pharmaceutical Switching in Europe Bengt Domeij 11. AstraZeneca and the EU Sector Inquiry: When Do Patent Filings Violate Competition Law? Josef Drexl Index
£121.00
Edward Elgar Publishing Ltd Patent Policy and Innovation
Book SynopsisThis empirical study uses a scientifically selected sample of patents to assess patent quality. The careful evaluation of the assumptions in alternative economic theories about the generation and diffusion of new knowledge demonstrates that the height of the inventive step is critical to effective and efficient patent policy.Trade Review‘Just how inventive are inventions? More to the point, just how inventive are the inventions covered by patents? Not very, according to Hazel Moir, and there is no reason to doubt her conclusions. She has spent years in painstakingly analysis of dozens of business method patents in Australia and elsewhere. She finds. . . [t]hey are no more than strategic devices intended to annoy and disrupt commercial competition and confuse the market. . . Hazel Moir is a patent expert beholden to no patent theory and no patent interests. In consequence, her research is fresh and inspired. Her conclusion – that patents describe and protect obvious combinations of old ideas and trivial variations – may not be confined to business methods. It is a conclusion that demands the consideration of policymakers.’ -- Stuart Macdonald, Aalto University, Helsinki, Finland‘This book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that. . . patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘Hazel Moir’s book deserves to become a classic. Between its covers one will find writing of great clarity and data that reveal the real world costs of the patent system. After reading Moir’s analysis, one wonders what the actual social benefits of the patent system might be. This is evidence-based analysis at its best.’ -- Peter Drahos, Australian National University and Queen Mary, University of London, UK‘This book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that, despite the intuitions of economists, social scientists, lawyers, judges, and even some inventors, patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: Preface 1. Introduction 2. The Economics of Patent Policy: Assumptions, Paradoxes and Evidence 3. Who Determines Patent Policy: Judges, Lobbyists or Legislatures? 4. In the National Interest: Defining Patentable Inventions 5. Finding and Avoiding Existing Knowledge 6. Combining Known Elements 7. The Quantum of Inventiveness: Other Approaches and Rules 8. Rebalancing the Patent System Appendix. Original Claims: Selected Patents References Index
£95.00
Synergetic Press Inc.,U.S. Reclaiming the Commons
Book SynopsisAuthored by world renowned activist and environmental leader Vandana Shiva, Reclaiming the Commons presents the history of the struggle to defend biodiversity and traditional practices against corporate biopiracy and details efforts to realize legal rights for Mother Earth and achieve the vision of the universal commons and Earth as Family.
£12.34
Glassko Press The Art of the Patent
Book Synopsis
£22.50
Edward Elgar Publishing Ltd Supplementary Protection Certificates for
Book SynopsisTrade Review‘The proposal for the SPC system (rather than simple patent term extension) referred to “the simplicity of the system” and called what was proposed “balanced simple transparent.” None of that proved true and, in my opinion at least, was obviously wrong at the time. Dr Roussou traces its complex history with battles between research based and generic pharma brilliantly. She valiantly attempts the impossible task of not just describing but also explaining the tortured reasoning of the CJEU on a flood of cases – which to some, me included, suggests the Court has no proper understanding of patent law (what is a “protected product”) nor regulatory law (very narrow and precise). She tackles the fuzzy interaction with competition law, the policy implications for pharma research, what’s to be done about the UPC and SPCs and where the system should go next. Not everyone will agree with her (I don’t on a number of points), but all will agree she has produced a valuable and provocative book.’ -- Sir Robin Jacob, University College London, UKTable of ContentsContents: 1. Supplementary protection certificates for medicinal products: an introduction 2. The long road to the enactment of the SPC Regulation 3. Legal analysis of the SPC Regulation (i): the meaning of the term “protected by a basic patent” under Art. 3 (a) SPC Regulation 4. Legal analysis of the SPC Regulation (ii): the meaning of the term “product” in the light of Art. 1 (b) and 3 (d) of the SPC Regulation 5. Interaction between the SPC Regulation and the unified patent system 6. The application of competition law in cases of supplementary patent protection 7. The future of SPC regulation Bibliography Index
£99.75
Edward Elgar Publishing Ltd The Exploitation of Intellectual Property Rights
Book SynopsisTrade Review‘In this volume he edited as ATRIP’s President, Jens Schovsbo turns the analytical spotlight on a key aspect of intellectual property rights, their exploitation, often via licenses and other contractual arrangements. The book offers useful ideas to improve the balance between IP owners and users, and those in between.’ -- Daniel Gervais, Vanderbilt University, USTable of ContentsContents: The exploitation of intellectual property rights: An overview 1 Jens Schovsbo 1 Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5 Orit Fischman-Afori 2 Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28 Olga Kokoulina 3 Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57 Leanne Wiseman and Kanchana Kariyawasam 4 Use requirements of patent laws during pandemic – ‘litmus test’? 83 Manchikanti Padmavati 5 Access to undisclosed know-how 112 Joy Y. Xiang 6 Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137 Kalpana Tyagi 7 Copyright reversion: Debates, data, and directions 161 Joshua Yuvaraj 8 Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187 Irina Eidsvold-Tøien 9 Limiting freedom of contract: Next step for copyright treaties? 216 David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo Index
£99.75
Edward Elgar Publishing Ltd Patent Portfolio Management
Book SynopsisTrade Review‘Patent Portfolio Management is a very useful book for all levels of seniority and company types as it provides the reader with useful insights on how to best manage your patent portfolio in order to create maximum value at the lowest cost.’ -- Per Wendin, Spotify, Sweden‘An excellent, comprehensive presentation of the professional handling of patent portfolios, anchoring them in the company and demonstrating how to create high value from the portfolio. One of the best books I have seen on this in the recent past.’ -- Stephan Wolke, Stephan Wolke, CEO, thyssenkrupp Intellectual Property GmbH, GermanyTable of ContentsContents: Preface 1 Patent portfolio management: an introduction 2 Strategizing patent portfolio management 3 Budgeting patent portfolio management 4 Organizing patent portfolio management 5 Working with agents 6 Patent filing strategies 7 Ensuring quality of the patent portfolio 8 Extracting value from the patent portfolio 9 Pruning the patent portfolio Index
£90.25
Edward Elgar Publishing Ltd Patent Portfolio Management
Book SynopsisTrade Review‘Patent Portfolio Management is a very useful book for all levels of seniority and company types as it provides the reader with useful insights on how to best manage your patent portfolio in order to create maximum value at the lowest cost.’ -- Per Wendin, Spotify, Sweden‘An excellent, comprehensive presentation of the professional handling of patent portfolios, anchoring them in the company and demonstrating how to create high value from the portfolio. One of the best books I have seen on this in the recent past.’ -- Stephan Wolke, Stephan Wolke, CEO, thyssenkrupp Intellectual Property GmbH, GermanyTable of ContentsContents: Preface 1 Patent portfolio management: an introduction 2 Strategizing patent portfolio management 3 Budgeting patent portfolio management 4 Organizing patent portfolio management 5 Working with agents 6 Patent filing strategies 7 Ensuring quality of the patent portfolio 8 Extracting value from the patent portfolio 9 Pruning the patent portfolio Index
£52.25
Edward Elgar Publishing Ltd Intellectual Property Rights in Times of Crisis
Book SynopsisTrade Review‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: IPR in times of crisis – lessons learned from the Covid-19 pandemic: An introduction xi Jens Schovsbo 1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1 Peter K. Yu 2 Two decades after Doha: Compulsory licence and the Waiver Proposal under the COVID-19 pandemic 26 Cindy Zheng and Angelia Jia Wang 3 Unblocking the human right to access the benefits of science in the Covid-19 era 59 Genevieve Wilkinson and Evana Wright 4 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 83 Helen Yu 5 Patent pools: A licensing option for medicines and vaccines in times of a crisis? 104 Agnieszka Sztoldman 6 Adequate remuneration for Crown use of patents: Some guidance from constitutional property law 122 Mikhalien du Bois 7 Copyright and COVID 140 Sean M. Flynn 8 Do we need another copyright or another science? (Re) interpreting the right to science for scholarly publishing 153 Klaus D. Beiter 9 An international instrument on copyright and educational uses: Regulatory models and lessons 182 Faith Majekolagbe and Giulia Priora 10 Revitalising the UK music industries in the aftermath of Covid-19: A feminist critique of music copyright 204 Metka Potočnik
£99.75
Edward Elgar Legal Responses to Unjustified Threats of Patent
Book Synopsis
£80.00
Cambridge University Press Patent Intensity and Economic Growth
Book SynopsisEconomic growth has traditionally been attributed to the increase in national production arising from technological innovation. Using a panel of seventy-nine countries bridging the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers the impact of one-size-fits-all patent policies on developing countries and their innovation-based economic growth, including those policies originating from the World Intellectual Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and the Washington Consensus. This book argues against patent harmonization across countries and provides an analytical framework for country group coalitioning on policy at UN level. It will appeal to scholars and students of patent law, national and international policy makers, venture capitalist investors, and research anTable of ContentsIntroduction; 1. Setting the framework: patenting and economic growth policy; 2. Convergence clubs, coalitions and innovation gaps; 3. Institutions, gerd intensity and patent clusters; 4. Gerd by type, patenting and innovation; 5. Patent intensity by employment and human resources; 6. Spatial agglomeration of innovation and patents; Conclusion; Appendix; Index of persons; Index of subjects; Index.
£95.40
Wiley Patent Valuation
Book SynopsisA practical resource for valuing patents that is accessible to the complete spectrum of decision makers in the patent process In today''s economy, patents tend to be the most important of the intellectual property (IP) assets. It is often the ability to create, manage, defend, and extract value from patents that can distinguish competitive success and significant wealth creation from competitive failure and economic waste. Patent Valuation enhances the utility and value of patents by providing IP managers, IP creators, attorneys, and government officials with a useable resource that allows them to use actual or implied valuations when making patent-related decisions. Involves a combination of techniques for describing patent valuation Includes descriptions of various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and examples Serves as a useable resource that allows IP managers to Table of ContentsPreface ix Acknowledgments xiii Part One Foundations for Patent Valuation and Decision Making 1 Chapter 1 Valuation Basics 3 What Is Value? 5 The Valuation Process 7 Identifying the Subject Matter of the Valuation 9 Valuation Misconceptions 12 The Three Basic Valuation Methodologies 16 Limitations on Rationality in Valuation and Decision-Making Exercises 20 References 20 Notes 21 Chapter 2 Patent Basics 23 What Is a Patent? 26 Anatomy of a Patent 32 Criteria for a Patent 33 Transferring Patent Rights 36 Nationality of a Patent 39 References 40 Notes 40 Chapter 3 Using Valuation Analysis to Improve Patent Decision Making 43 Patent Decisions 45 Maximizing, Optimizing, and Satisficing: How Much to Invest in Valuation Analysis 52 Preliminary Portfolio Valuation Audit: A Practical Valuation Technique 58 References 65 Notes 65 Chapter 4 Disassembly 67 Disassembly and Decision Trees 69 Using Disassembly to Develop Higher-Quality Data 75 Using Disassembly to Understand Data Better 84 References 86 Notes 87 Part Two Patent Valuation Techniques 89 Chapter 5 Preparing for the Valuation 91 Understanding the Bundle of Legal Rights 91 Ownership Interest in the Patent 93 Description of the Patent Rights 99 Encumbrances on the Patent Rights 100 Understanding the Patent Rights’ Neighborhood 102 Exploiting the Patent Rights 103 References 117 Notes 119 Chapter 6 Income Methods: Discounted Future Economic Benefits Analysis 121 Basic Arithmetic of the Discounted Future Economic Benefits Analysis 124 Garbage In, Garbage Out: The Challenges Lay in the Inputs, Not the Math 131 Projecting Future Net Economic Benefits 133 Developing Projections from Analytical Analyses 143 Estimating the Discount Rate 151 References 159 Notes 160 Chapter 7 Advanced Income Methods: Incorporating the Value of Future Decision Opportunities 161 Option Contracts and Their Value 164 Real Options 168 Valuing Patents Using Option-Pricing Insights 170 Using Decision Trees to Incorporate the Value of a Patent’s Future Decision Opportunities 174 References 185 Notes 186 Chapter 8 Market Methods 189 Markets and Patent Rights 191 Competitive Exchange 198 Comparable Transactions 205 Alternatives to the Core Market Methods 207 References 214 Notes 216 Chapter 9 Cost Methods 219 A Few Accounting Principles 220 Cost of Development: Questionable Valuation Tool 224 Cost of Reasonable Alternatives: Establishing a Maximum Price 227 References 230 Notes 231 Part 3 Patent Valuation in Practice 233 Chapter 10 Pricing Patent Licenses 235 Payment Structures 236 Determining the Price for a License 246 Less Formal Valuation Techniques for Setting Royalty Rates 248 References 264 Notes 265 Chapter 11 Patent Infringement Damages 269 U.S. Legal Framework for Calculating Damages in Patent Infringement Cases 271 Lost Profits 275 Reasonable Royalty 285 Additional Patent Damages Matters 297 Answering the Sue or Settle Question 299 References 306 Notes 307 Chapter 12 Unlocking the Potential Value within Patents 313 Keeping Pace with Economic Changes 316 Patents as Collateral for Secured Loans 317 Securitizing Patents 325 References 333 Notes 334 Chapter 13 Valuation in Patent-Based Tax-Planning Strategies 337 Examples of Patent-Based Tax-Reduction Strategies 339 Transfer Pricing 344 Determining Transfer Prices for Patent Rights 348 References 358 Notes 359 About the Authors 363 Index 365
£58.50
John Wiley & Sons Inc First to File
Book SynopsisBridges the gap between the realistic needs and questions of scientists and engineers and the legal skills of professionals in the patent field at a level accessible to those with no legal training Written for inventors in lay terms that they can relate to or easily follow Lays out the new features of patent law introduced by the America Invents Act of 2012 Explains the differences between the first-to-invent and first-to-file rules and why the two rules will coexist Focuses on the growth of new technologies in industry versus the laws protecting themTrade Review“Overall it represents a distillation of a very wide experience gained from many years of hands-on practice. This is a must-have buy for research establishments that do not have an in-house patent department.” (Chromatographia, 20 March 2015)Table of ContentsList of Figures ix List of Tables xi Preface xiii Introduction xvii About the Author xix 1. The First-to-File Rule: Evolution and Application 1 1.1 History of the First-to-File Rule in the United States 2 1.2 “Who’s on First?”: The Rule and Its Application 5 1.3 Adapting Business Routines to the First-to-File Rule 7 2. Prior Art before and after the AIA: Two Standards Compared 9 2.1 Prior Art and the First-to-File Rule 9 2.2 “But is It Art?”: The Art of Prior Art 10 2.3 And is It “Prior”?: Pre-AIA Law vs. the AIA 11 2.3.1 U.S. Patents and Published U.S. Patent Applications 11 2.3.2 Patents and Patent Applications Other than those of the United States 14 2.3.3 Other Published Literature 16 2.3.4 Commercial Activities 17 2.3.5 Otherwise Available to the Public 21 2.4 A Servant of Two Masters?: The “Effective Filing Date” and Its Role in Determining the Governing Rule 21 2.5 Conclusion 23 3. Creating One’s Own Prior Art: Self-Imposed Barriers to Patentability 25 3.1 The On-Sale Bar 26 3.1.1 Ready for Patenting? 26 3.1.2 Exceptions for Experimental Use 33 3.2 The Publication Bar: Publish and Perish? 35 3.2.1 Posting on an Internet Server 36 3.2.2 Slide Presentations and Posters at a Conference 37 3.2.3 Submission of a Thesis to a University Library 38 3.2.4 Grant Proposals 39 3.3 Observations 41 4. Canceling Prior Art and Other Benefits of Record Keeping 42 4.1 Derivation Proceedings 42 4.2 Disqualifying Reference Materials as Prior Art 45 4.3 Records Showing Collaboration 46 4.4 Records of Public Disclosures and Commercial Uses 48 4.5 Laboratory Notebooks 50 5. Inventing in an Employment Environment: The AIA’s New Recognition of Employer Interests and Project Management 52 5.1 Project Management and the New Definition of Prior Art 53 5.2 Allowing the Employer to Stand in for the Inventor 54 5.3 What Constitutes an Obligation to Assign? 56 5.4 Implying an Obligation to Assign When There is No Express Agreement 60 5.5 Having a “Sufficient Proprietary Interest” Other than by Assignment or Obligation to Assign 63 5.6 When No Assignment, Obligation to Assign, or Proprietary Interest: The “Shop Right” 63 6. The Novelty Threshold: Can You Recognize It When You See It? 67 6.1 Anticipation and the “All Elements in a Single Reference” Rule 68 6.1.1 “Incorporation by Reference” of the Missing Element from Another Source 70 6.1.2 Inherent Disclosure of the Missing Element 72 6.2 Novelty in the Arrangement of Parts 73 6.3 Another Argument Against Anticipation: The “Nonenabling Reference” 77 6.4 Caution: A Reference Can Anticipate an Invention Even if It “Teaches Away” from the Invention 79 6.5 Novelty versus Anticipation among Genus, Subgenus, and Species 84 6.5.1 Species Anticipating a Genus 84 6.5.2 Specific Value Anticipating a Range 85 6.5.3 “Shotgun” Disclosures in the Prior Art 85 6.5.4 Species or Subgenus Novel over a Larger, Encompassing Genus 86 6.5.5 Narrow Range Novel over a Broad Range Encompassing the Narrow Range 86 6.6 Are We Done? 87 7. Confronting the Prior Art: What Makes an Invention Nonobvious? 88 7.1 “But Every Invention is a Combination of Old Elements!” 90 7.1.1 Synergism and Changes in Function 90 7.1.2 “But Why Would a Munitions Manufacturer Go to a Horse Trainer (for the Missing Element)?” 92 7.1.3 “But Nobody Knew What the Problem Was (Before I Came Along)!” 94 7.1.4 “But They Said It Couldn’t Be Done!” 95 7.2 Pursuing the Unpredictable 99 7.2.1 Predictable Now but Unpredictable Then? 101 7.2.2 Finding a Needle in a Haystack 103 7.2.3 Unpredictability versus Optimization 105 7.3 In Hindsight (and Other Obvious or Nonobvious Thoughts) 107 8. The View from the Infringer’s Side: Challenging a Patent’s Validity 108 8.1 Do You Really Want to Go to Court? 109 8.2 Selecting Claims 111 8.3 Options for Challenge before the Patent is Granted 115 8.4 Options for Challenge after the Patent is Granted 118 8.4.1 Citation of Prior Art and Written Statements 118 8.4.2 Post-Grant Review and Inter Partes Review 119 9. Patent Eligibility: Pushing the Envelope on Subject Matter Appropriate for Patenting 122 9.1 Medical Diagnostic Methods 123 9.2 Computer-Implemented Processes 127 9.3 Business Methods 130 9.4 The AIA’s New Procedure for Challenging Business Method Patents 133 9.5 Conclusion: A Rule for Patent Eligibility? or a Case of “I’ll Know It When I See It”? 135 10. Selected Topics in Patent Strategy 139 10.1 Provisional Patent Applications 139 10.2 Strategies in Claim Construction 145 11. Patents and Beyond: The Variety and Scope of Intellectual Property 157 11.1 Trade Secrets 157 11.1.1 Scope 159 11.1.2 The Right of an Individual to Use Fundamental Skills 159 11.1.3 Comparing Trade Secrets to Patents 160 11.2 Trademarks 163 11.2.1 Choosing a Trademark 163 11.2.2 Securement, Maintenance, and Infringement of Trademark Rights 164 11.3 Copyrights 164 11.4 Design Patents 166 11.5 IP Coverage for Plants 167 11.6 Conclusion 167 Appendix A Selected Fees Charged by U.S. Patent and Trademark Office and Other U.S. Agencies for Intellectual Property as of January 1, 2014 170 Appendix B Patent Searchers 175 Acronym Glossary 178 Glossary 179 Bibliography, Websites, and Blogs 185 Patents and Published Patent Applications Cited 188 Cases Cited 191 Index 194
£72.86
John Wiley & Sons Inc Patent Engineering
Book SynopsisPatents are a vital asset in the modern business world. They allow patent holders to introduce new products in to a market while deterring other market players from simply copying innovative features without making comparable investments in research and development. In years past, a few patents may have provided adequate protection. That is no longer the case. In today''s world, it is critical that innovative companies protect the features of their products that give them a competitive advantage with a family or portfolio of patents that are strategically generated to protect the market position of the patent holder. A patent portfolio that deters competitors from introducing competitive products in a timely manner can be worth billions of dollars. Anything less than this is an expensive and possibly fatal distraction. This book provides a strategic framework for cost efficient engineering of patent portfolios that protect your investments in research and development and that extendTable of Contents1 An Introduction to Patent Engineering 1 2 Patents and Patent Strategies—What They Are and Why You Need Them 17 3 Developing a Patent Strategy and Patent Engineering 33 4 Implementing Patent Strategies and the Application Process through Patent Engineering 59 5 The Structure of a Patent 81 6 Inventions and Inventorship: Challenges and Complications 105 7 Patent Engineering and Patent Prosecution 127 8 Controlling the Costs of Generating and Maintaining a Patent Portfolio through Patent Engineering 143 9 Patent Engineering in a Global Economy 153 10 Avoiding an Infringement Lawsuit through Patent Clearances 169 11 The Role of the Patent Engineer 189 Index
£117.85
John Wiley and Sons Ltd Who Owns You
Book SynopsisThe 2nd Edition of Who Owns You, David Koepsell's widely acclaimed exploration of the philosophical and legal problems of patenting human genes, is updated to reflect the most recent changes to the cultural and legal climate relating to the practice of gene patenting. Lays bare the theoretical assumptions that underpin the injustice of patents on unmodified genes Makes a unique argument for a commons-by-necessity, explaining how parts of the universe are simply not susceptible to monopoly claims Represents the only work that attempts to first define the nature of the genetic objects involved before any ethical conclusions are reached Provides the most comprehensive accounting of the various lawsuits, legislative changes, and the public debate surrounding AMP v. Myriad, the most significant case regarding gene patents Table of ContentsAcknowledgments viii Preface to the Second Edition x Foreword xiv Introduction xxiv 1 Individual and Collective Rights in Genomic Data: Preliminary Issues 1 2 Ethics and Ontology: A Brief Discourse on Method 21 3 The Science of Genes 30 4 DNA, Species, Individuals, and Persons 52 5 Legal Dimensions in Gene Ownership 69 6 BRCA1 and 2: The Myriad Case and Beyond 88 7 Are Genes Intellectual Property? 101 8 DNA and The Commons 119 9 Pragmatic Considerations of Gene Ownership 137 10 Nature, Genes, and the Scientific Commons: A Social Ontology of Invention 155 11 So, Who Owns You? Some Conclusions About Genes, Property, and Personhood 165 Notes 182 Index 194
£23.70
NOLO Profit from Your Idea
Book Synopsis
£31.99
NOLO PATENTS FOR BEGINNERS E11
Book Synopsis
£21.09
NOLO Patent Pending in 24 Hours
Book Synopsis
£29.74
Barcharts, Inc Intellectual Property
Book Synopsis
£7.55
LexisNexis UK The Modern Law of Patents
Book Synopsis
£413.25
LexisNexis UK Roughton Johnson and Cook on Patents
Book SynopsisRoughton, Johnson & Cook on Patents (formerly known as the Modern Law of Patents) is an essential resource for patent lawyers and patent attorneys. The title offers a fresh and comprehensive exposition of law and procedure relating to patents in the UK and Europe; and includes key precedents and court forms, covers useful historical information and materials, and also explores recent and future developments in patent law in one handy volume.Now in its fifth edition, the title will be fully revised and updated to take into account all the latest developments since the last edition, and will include coverage of:* the impact of the UK leaving the European Union on patent law and practice (eg on jurisdiction, rules of exhaustion, SPCs, Border Regulation, EU compulsory licences, etc);* key Supreme Court decisions and significant decisions of lower courts;* important decisions of Enlarged Board at the EPO and the Technical Boards of Appeal; and* retained EU case law and the rules of preceden
£357.00
Bloomsbury Publishing PLC Fragmentation and the European Patent System
Book SynopsisThis book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.Table of ContentsIntroduction I. Background II. The European Patent System III. Terminology IV. Perspectives on Fragmentation V. Outline PART I FRAGMENTATION AND THE EUROPEAN PATENT SYSTEM TODAY 1. Existing Routes to Patent Protection in Europe I. National Patent Systems II. The European (EPC) Patent System III. The International Patent Application IV. Existing Fragmentation 2. Forthcoming Route to EU Unitary Patent Protection I. Background to the Unitary Patent Package II. The Unitary Patent Package III. Concerns Related to the Unitary Patent Package IV. Further Fragmentation PART II ALTERNATIVE PERCEPTIONS OF FRAGMENTATION 3. Fragmentation in European Law-Making I. Constructing Europe and the European Patent System II. The Impact of Expansion III. Fragmentation as a Means of Integration 4. Fragmentation in the International Legal System I. Fragmentation in the International Legal System II. Application to the European Patent System III. Fragmentation as an Inherent Aspect of a Legal System PART III FRAGMENTATION AND SUBSTANTIVE PATENT LAW 5. Responding to Fragmentation as an Inherent Aspect of the European Patent System I. Areas of Divergence II. Towards Convergence – Judicial Dialogue and Cooperation III. Fragmentation as an Inherent Aspect of the European Patent System 6. Accepting Fragmentation as a Necessary Aspect of the European Patent System I. The Impact of the Biotech Directive II. Interpretations of the Exceptions to Patentability III. Impact of the Unitary Patent Package IV. Considering Diversity and Value Pluralism when Responding to Fragmentation Conclusion: Fragmentation and the European Patent System
£85.50
Bloomsbury Publishing PLC Licensing Standard Essential Patents: FRAND and
Book SynopsisWhat is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.Table of ContentsI. Setting the Context II. Structure PART I THE STANDARD-DEVELOPMENT ENVIRONMENT 1. Standards, Standard-Development Organisations and Standard Essential Patents I. Standards A. Technical Interoperability Standards B. Classification of Standards i. Standards Based on their Source a. De Facto Standards b. Collaborative Standards c. Governmental Standards ii. Open and Closed Standards II. Standard Development Organisations A. Types of SDOs B. Membership C. How SDOs Develop Standards III. Standard Essential Patents A. SEPs in IPR Policies of SDOs i. Disclosure Rules ii. Licensing Rules B. The Meaning of Essentiality C. The Problem of Over-Disclosure IV. Conclusion 2. The Dynamics of Standard Essential Patent Licensing: Patent Holdup, Holdout and Royalty Stacking I. Industry Convergences and Changing Market Dynamics II. Patent Holdup and Royalty Stacking A. Patent Holdup B. Royalty Stacking C. The Influence of Patent Holdup and Royalty Stacking Theories III. Criticism of Patent Holdup and Royalty Stacking Theories A. The Lack of Empirical Evidence of Systematic Negative Effects B. The Misunderstanding of the Standardisation Process and Legal Licensing Framework IV. Patent Holdout V. Conclusion PART II THE MEANING AND CONTENT OF A FRAND LICENCE 3. The Nature of a FRAND Commitment I. The Principles and the Text of a FRAND Commitment II. The Enforceability of a FRAND Commitment A. Contract Law i. Can SDO Non-Members Rely on a FRAND Contract? ii. Is a FRAND Commitment Sufficiently Clear to be an Enforceable Contract iii. Transferability of a FRAND Commitment iv. Not All Jurisdictions Recognise Third-Party Beneficiary Rights v. SDOs Could Clarify the Contractual Nature of a FRAND Commitment B. Competition Law i. EU Competition Law and Breach of FRAND Commitments ii. US Antitrust Law and Breach of FRAND Commitments iii. The Role of Competition Law in the SEP Context C. Alternative Theories on the Enforceability of FRAND Commitments III. Conclusion 4. FRAND Royalty I. The Principles of FRAND Royalty A. The Value of the Technology Itself (the Ex Ante Incremental Value Approach) i. Reception in Practice ii. Criticism of the Ex Ante Incremental Value Approach a. Misunderstanding the Standard-Development Process b. Depreciating the Value of SEPs c. Not Used in Real-World Commercial Transactions d. Inapplicability in Practice B. Sharing the Value of Standardisation II. Calculating FRAND Royalties in Practice A. Comparable Licences i. Application in Practice B. Top-Down Approach i. Application in Practice C. Other Approaches III. Conclusion 5. The Non-Discrimination Requirement of a FRAND Commitment I. Positive and Negative Aspects of Price Discrimination in Standard Essential Patent Licensing II. The Non-Discrimination Requirement in the Text of a FRAND Commitment III. No Requirement to Apply Uniform Terms to All Licensees IV. Interpretations of the Non-Discrimination Requirement of a FRAND Commitment A. Prohibition of Discrimination between Different Levels of the Production Chain B. Prohibiting Price Discrimination of Vertically Integrated SEP Holders against Downstream Competitors C. Prohibiting Discrimination against Similarly Situated Licensees i. Which Licensees are Similarly Situated? ii. When is Dissimilar Treatment Discriminatory? iii. What are the Remedies for Discrimination? V. The Application of the Non-Discrimination Requirement of a FRAND Commitment VI. Confidentiality Agreements and Disclosure of Licences VII. Conclusion 6. FRAND Royalty Base I. Introduction: The End-Product or Component? II. The Appropriate FRAND Royalty Base III. The Legal Requirement to Use a Particular Royalty Base A. Origins and Evolution of the SSPPU Theory i. US Patent Damages System and the Emergence of the SSPPU Theory ii. Reception and Expansion of the SSPPU Doctrine by the Federal Circuit iii. Clarification and Backtracking of the SSPPU Doctrine by the Federal Circuit iv. Jury Bias as a Reason for the Introduction of the SSPPU B. Conclusion IV. The Royalty Base in Standard Essential Patent Litigation V. Conclusion 7. FRAND and Value Chain Licensing I. The Value Chain Licensing Debate II. Patent Law and Value Chain Licensing III. FRAND Commitments and Value Chain Licensing IV. Competition Law and Value Chain Licensing A. Refusal to License and EU Competition Law B. Article 101 TFEU and the Horizontal Cooperation Guidelines C. Refusal to License and US Antitrust Law V. Policy Outlook for the Internet of Things VI. Conclusion 8. Remedies I. Injunctions A. Principles of Equity (US Courts) B. Public Policy (International Trade Commission) C. Unfair Competition (Federal Trade Commission) D. Competition Law (EU) i. The Interpretation of Huawei v ZTE by National Courts E. Conclusion II. Global or Territorial Scope of a FRAND Licence? III. Antisuit Injunctions IV. Past Damages V. Procedural Remedies to Facilitate Patent Licensing A. A FRAND Trial First B. Interim Payments VI. Conclusion PART III STANDARD ESSENTIAL PATENT LICENSING IN THE INTERNET OF THINGS 9. Standard Essential Patent Licensing in the Internet of Things I. Challenges of FRAND Licensing in the Internet of Things II. Current Proposals for Improving the Standard Essential Patent Licensing Framework A. Transparency of the SEP Landscape B. Unilateral Ex Ante Disclosure of Maximum Licensing Terms C. Collectively Setting an Aggregate Royalty for a Standard D. Global Rate-Setting Tribunals III. Collective Licensing Models for the Internet of Things A. Patent Pools for the IoT i. Overcoming the Obstacles in Pool Formation a. Assembling a Critical Number of Upstream Companies is Sufficient b. Pool Royalty to Induce Pool Participation and Prevent Free Riding c. Division of Royalties d. Essentiality Checks e. IoT Industry-Specific Licensing Terms f. Transparency of Terms and Patents B. Implementers’ Collective Licensing Associations IV. Conclusion
£117.00
Bloomsbury Publishing PLC A Practitioner's Guide to European Patent Law:
Book SynopsisThis new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.Table of ContentsIntroduction I. Towards a ius commune of Patent Law II. The Purpose of this Book 1. The Skilled Person and their Common General Knowledge I. The Skilled Person or Team II. Common General Knowledge III. Key Issues for the UPC 2. Scope of Protection of Patent Claims I. Statutory Basis II. Principles of Construction III. General Principles of National Law on the Doctrine of Equivalents IV. The Role of the 'Formstein Defence' V. The Role of the Prosecution File VI. Particular Terms and Forms of Claim VII. Numerical Ranges VIII. Case Comparison - The Pemetrexed Decisions IX. Key Issues for the UPC 3. Direct Infringement I. Statutory Basis II. Liability III. Territoriality IV. Product Claims (Article 25(a) CPC 1989) V. Process Claims (Article 25(b) CPC 1989) VI. Products Made by an Infringing Process (Article 25(c) CPC 1989) VII. Processes for Obtaining New Products VIII. Second Medical Use Claim Infringement IX. Infringement of DNA Sequences XI. Key Issues for the UPC 4. Indirect Infringement I. Statutory Basis II. Means Relating to an Essential Element of the Invention III. Means Suitable for Putting the Invention into Effect IV. Knowledge V. Staple Commercial Products VI. Double-territoriality VII. Indirect Infringement of Swiss Form Claims VIII. Other forms of Contributory Infringement XI. Key Issues for the UPC 5. General Defences I. The Diverse Sources of Defence to Infringement II. The Experimental Use Exemption III. The Bolar Exemption IV. Other Statutory Defences V. Exhaustion VI. De minimis VII. Public Interest Compulsion and Crown Use VIII. Invalidity and Non-Infringement of Claims Asserted IX. Issue Estoppel X. FRAND License Objection XI. Prior Use (Article 37 CPC 1989) XII. Innocent Infringement as a Defence to Damages XIII. Key Issues for the UPC 6. Declarations I. General Jurisdictional Basis II. Declarations of Non-Infringement III. Declarations that a Patent is Standard Essential IV. Declarations Concerning Validity V. Key Issues for the UPC 7. FRAND I. Standards, SEPs and FRAND II. Guidance at the European Level III. General Principles of National Law IV. Determining the FRAND Rate V. Anti-Suit Injunctions (ASIs) and Anti-Anti-Suit Injunctions (AASIs) VI. Key Issues for the UPC 8. Remedies I. Statutory Basis II. Preliminary Injunctions III. Damages for Unjustified Injunctions IV. Protective Letters V. Quia Timet Injunction VI. Final Injunctions VII. Springboard Relief VIII. Award of Damages IX. Account of Profits X. Recall, Removing from the Channels of Commerce and Destruction XI. Publication of Judgment XII. Effect of Tested Validity XIII. Substantive Treatment of Costs XIV. Key Issues for the UPC 9. Patentability and Industrial Application I. Statutory Basis II. Industrial Application III. Excluded Subject-matter IV. Exceptions to Patentability V. Methods of Treatment and Diagnostics – Article 53(c) EPC VI. Key Issues for the UPC 10. Novelty I. Statutory Basis II. General Principles of EPO and National Case LAW III. Treatment of Disclosure and Enablement IV. Interpreting Patent Claims and the Prior Act for Novelty Purposes V. Made Available to the Public VI. Novelty over General Disclosures in the Art VII. Priority VIII. Product by Process Claims IX. Second and Subsequent Medical Uses X. Other Forms of Purpose-limited Claims XI. Claim Amendment XII. Key Issues for the UPC 11. Inventive Step I. Statutory Basis II. Date III. Determination of Fact or Law? IV. Technical or Commercial Question? V. The Role of Common General Knowledge VI. Structured Approaches to Inventive Step VII. Motivation Based Approaches VIII. Criticism of Problem-and-Solution IX. Criticism of Motivation-based Tests X. An Alternative Basis for Assessing Inventive Step XI. Mixed Technical and Non-technical Features XII. Combinations of Prior Art Features XIII. Other Factors XIV. Case Comparison (Tadalafil) XV. Key Issues for the UPC 12. Sufficiency I. Statutory Basis II. General Approaches of EPO and National Law III. Principle of General Application IV. Technical Contribution and Invention Treated Separately V. Forms of Claim VI. Inventive Improvements/Infringements VII. Promised Quality not Enabled and Errors VIII. Deposits of Biological Material IX. Plausibility in the Context of Insufficiency X. Lack of Clarity XI. Key Issues for the UPC 13. Plausibility I. Is There a Statutory Basis? II. Origins of Plausibility in the EPO III. Inventive Step IV. Insufficiency V. Industrial Applicability VI. The Novelty Context VII. Post-dated Evidence and ab-initio Plausibility VIII. The Plausibility Threshold IX. Further Questions X. Key Issues for the UPC 14. Supplementary Protection Certificates I. Statutory Basis II. Certificates for Plant Protection Products III. Conditions for Grant IV. Protected by a Basic Patent in Force V. Marketing Authorisations in the SPC Context VI. Extent of Protection (Article 4 SPC Regulation) VII. Same Rights as Conferred by the Patent (Article 5 SPC Regulation) VIII. Term IX. Medicinal Products for Paediatric Use X. The SPC Manufacturing for ex-EU XI. Key Issues for the UPC and the Need for Reform 15. Patent Ownership, Dealings and Employee Inventors I. Introduction II. Ownership III. Approaches to Inventor Compensation IV. Right of Co-owners V. Patent Dealings VI. Effect of Transfer of Ownership on Licensee VII. Compulsory Licenses VIII. Public Interest Compulsion IX. Unitary Patents as ‘Objects of Property’ 16. Cross-border Actions in Europe I. Relation between National and EPO Proceedings II. The Brussels Regulation III. Cross-border Validity Actions IV. Cross-border Infringement Actions V. Cross-border Declarations of Non-infringement VI. Key Issues for the UPC 17. Evidence I. General Principles II. Burden of Proof III. General Obligations to Produce Evidence IV. Specific Means for Obtaining Evidence V. Role of Witness of Fact Evidence VI. Opinion Evidence VII. Experiments VIII. Letters Rogatory (Letters of Request) and US 1782 IX. Border Seizures X. Confidentiality XI. Privilege XII. Key Issues for the UPC
£171.00
Bloomsbury Publishing PLC Supplementary Protection Certificates (SPC)
Book SynopsisThis commentary offers the definitive guide to supplementary protection certificates (SPC); a key element in the regulation of the pharmaceutical and medical market within Europe. Beyond providing an overview of the European legislation and the CJEU case-law on SPCs, it also depicts and summarises national law and jurisprudence on leading pharmaceutical markets such as Germany, France and the United Kingdom as well as The Netherlands, Italy and Switzerland. Patent lawyers, those practising in the medical and pharmaceutical field as well as judges and academics will find this an invaluable resource.
£213.75
Bloomsbury Publishing PLC Patent Litigation in Germany, Japan and the
Book SynopsisIn this book, three experienced legal practitioners in patent matters provide a reliable and detailed guideline on how to enforce patents in three of the most important jurisdictions for patent infringement litigation, namely Germany, Japan and the United States. The book is structured by the relevant subject matters of patent litigation such as scope of patent protection, claims of the patent holder and objections of the alleged infringer, fact finding, pre-procedural measures, trial, principles of procedure and comparative aspects.
£213.75
Bloomsbury Publishing PLC The Proportionality Test in European Patent Law
Book SynopsisDoes a European patent always entitle its holder to a permanent injunction? This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical, and comprehensive test to determine when injunctive relief should be limited on proportionality grounds.The book''s 3 parts guide readers from proportionality''s normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights.The book thus provides a distinctly European response to a global problem. The book is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
£39.89
Bloomsbury Publishing (UK) A Practitioners Guide to European Patent Law
Book SynopsisPaul England is Senior Counsel Knowledge at Taylor Wessing, UK.
£180.50
Aspen Publishing Aspen Treatise for Patent Law
Book Synopsis
£113.05
Aspen Publishing The Law of Patents: [Connected Ebook]
Book Synopsis
£223.71
Independent Institute,U.S. Patent Trolls: Predatory Litigation and the
Book SynopsisStiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as no practicing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering.In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to “tame the trolls,” Watkins focuses on ground zero in patent litigation—the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favourable.
£17.05
Nova Science Publishers Inc Patent Technology: Transfer & Industrial
Book SynopsisThe pace of US Technologies advancement is crucial to the US economy and its growth. Productivity and international competitiveness are important contributing factors. This book presents important analyses on patents, technology transfer and industrial competitiveness.
£46.49
