Description
Book SynopsisThis major
Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan.
Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.
Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.
Trade Review'The editor of Patent Law and Theory
must be congratulated for assembling a concentration of sheer patent law erudition and scholarship. The title is a noteworthy compilation of 26 well-written, remarkably accessible and thought-provoking essays that goes to great lengths in charting the contours of contemporary thought over the "the world's oldest regularly established property right". . . it manages to accomplish an ambitious endeavour of providing a comprehensive view of prevailing issues in the field of patent law and other related fields. . . the interested patent law reader will have much to gain from the fecund material found in the large majority of the title's essays. The world's corpus of patent law research is richer with the publication of this title.' -- John A. Tessensohn, European Intellectual Property Review
Table of ContentsContents: Preface PART I: FOUNDATIONS 1. On the Economics of Patent Law and Policy F. Scott Kieff 2. Patents and Policies for Innovations and Entrepreneurship Ove Granstrand 3. History of the Patent System John N. Adams 4. A Spanner in the Works – Or the Spanner that Works? Patents and the Intellectual Property System Jeremy Phillips 5. International Treaties and Patent Law Harmonization: Today and Beyond Tomoko Miyamoto PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS: PROCEDURAL ISSUES IN EXAMINATION 6. Examination Procedure at the European Patent Office Peter Watchorn 7. Appeal Procedure before the European Patent Office Andrea Veronese 8. Patent Office Oppositions and Patent Invalidation in Court: Complements or Substitutes? Jay P. Kesan 9. Trilateral Cooperation – Mutual Exploitation of Search and Examination Results Among Patent Offices with a View to Establishing a System of Rationalized Work-Sharing Shinjiro Ono 10. ‘Lost in Translation’: The Legal Impact of Patent Translation Errors on Claim Scope Donald S. Chisum and Stacey J. Farmer PART III: CONDITIONS OF PATENTABILITY: ESSENTIAL REQUIREMENTS 11. Patenting Software-Related Inventions in Europe Stefan Schohe, Christian Appelt and Heinz Goddar 12. Utility and Industrial Applicability Christopher Wadlow 13. The Novelty and Priority Provision under the United States First-to-File Principle: A Comparative Law Perspective Toshiko Takenaka 14. Back to the Graham Factors: Nonobviousness after KSR v. Teleflex Elizabeth A. Richardson PART IV: PATENT ENFORCEMENT ISSUES: EXTENT OF PATENT PROTECTION AND INFRINGEMENT REMEDIES 15. Extent of Patent Protection in the United States, Germany, the United Kingdom and Japan: Examination through the Concept of ‘Person Having Ordinary Skill in the Art of the Invention’ Toshiko Takenaka 16. Direct and Indirect Patent Infringement Alison Firth 17. The Scope of Patent Protection for Spare Parts and its Extension through Other Tools of Intellectual Property Horst-Peter Götting and Sven Hetmank 18. The Exhaustion of Patent Owners’ Rights in the European Community Thomas Hays 19. Enabling Research or Unfair Competition? De Jure and De Facto Research Use Exceptions in Major Technology Countries Sean O’Connor 20. Compulsory Licensing Under TRIPS and the Supreme Court of the United States’ Decision in eBay v. MercExchange Christopher A. Cotropia 21. Adequate Compensation for Patent Infringement Damages: A Comparative Study of Damage Measurements in Japan and the United States Toshiko Takenaka 22. Resolving Patent Disputes in a Global Economy Rochelle C. Dreyfuss PART V: CORE ISSUES IN THE FUTURE? 23. Challenges to the Sui Generis Regime of Pharmaceutical Patents John R. Thomas 24. Current Controversies Concerning Patent Rights and Public Health in a World of International Norms Cynthia M. Ho 25. Biotechnology Patent Pools and Standards Setting Jorge A. Goldstein 26. Patenting Industry Standards Vincent F. Chiappetta Index
