Patent Law

Patent Law PDF

Author: Daniel Brean

Publisher:

Published: 2024-01-31

Total Pages: 0

ISBN-13: 9781531026790

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The second edition of Patent Law: Fundamentals of Doctrine and Policy provides a remarkably accessible yet robust introduction to patent law and its practical application. Written in a straightforward style, the authors focus on providing a deep understanding of doctrine and policy without "hiding the ball" in ways that can hinder student comprehension. The book will appeal to students who have scientific and technical backgrounds or prior patent experience, as well as students who simply have an interest in technology and innovation and seek a well-rounded legal education. The book teaches all the core patent statutes and doctrines in the United States patent system. The authors employ several pedagogical methods to ensure students' mastery of each topic. At the outset of each chapter and section are detailed explanations of the black letter law. When new concepts are introduced, the text provides examples and explanations along with diagrams and illustrations. Case law is edited to emphasize legal principles and avoid excessive technological complexities. Updates to the second edition include: Dozens of new case discussions to bring the legal content up to date; Revamped presentation of novelty to further emphasize AIA law over pre-AIA law; Added examples, explanations, and practice questions to reinforce understanding; Increased internal cross-referencing to highlight relationships between discussions across the text; Reordering of topic coverage to enhance comprehension; and Further editing and editorializing of cases to focus on salient points of law.

A Patent System for the 21st Century

A Patent System for the 21st Century PDF

Author: National Research Council

Publisher: National Academies Press

Published: 2004-10-01

Total Pages: 186

ISBN-13: 0309089107

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The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

Patent Law Revision

Patent Law Revision PDF

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights

Publisher:

Published: 1967

Total Pages: 916

ISBN-13:

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Considers S. 1042, similar S. 1691, S. 2164, and S. 2597, and related bills S. 2 and S. 1377, to revise the Patent Act to simplify the patent award process and to establish procedures to make patents less vulnerable to court challenges.

Rethinking Patent Law

Rethinking Patent Law PDF

Author: Robin Feldman

Publisher: Harvard University Press

Published: 2012-06-19

Total Pages: 270

ISBN-13: 0674070178

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Scientific and technological innovations are forcing patent law into the spotlight and revealing its many glaring inadequacies. Take, for example, the patent case that almost shut down the BlackBerry, or the growing phenomenon of patent trolling, in which patents are acquired for the sole purpose of entrapping companies whose products relate to them. And patents on genes have everyone up in arms—and our courts confused. Robin Feldman explains why patents are causing so much trouble. The problem lies in our assumption that patents set clear boundaries for rights to an invention. In reality, they do no such thing. The very nature of inventions makes them impossible to describe unambiguously for all time. When something is so new that we do not understand yet how it works, what it is capable of doing, or how it could be applied—as is often the case in biotechnology—description is necessarily slippery. Instead of hoping for clear boundaries, and moaning when we don’t get them, Rethinking Patent Law urges lawmakers to focus on what the law can do well: craft rules that anticipate the bargaining that will occur as rights unfold. By steering clear of laws that distort the bargaining process, lawmakers can help courts answer difficult questions, such as whether genes, software, and business methods constitute patentable subject matter, whether patents in the life sciences should control inventions that have yet to be discovered, and how to resolve the battles between pharmaceutical companies and generics.