Patent Act Of 2005
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Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 186 |
Release | : 2004-10-01 |
Genre | : Science |
ISBN | : 0309089107 |
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.
Author | : Australia. Law Reform Commission |
Publisher | : Virago Press |
Total Pages | : 690 |
Release | : 2004 |
Genre | : Genes |
ISBN | : |
Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Author | : United States |
Publisher | : |
Total Pages | : 1192 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
Author | : Joseph Edwin Crawford Munro |
Publisher | : |
Total Pages | : 528 |
Release | : 1884 |
Genre | : Copyright |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 52 |
Release | : 1975 |
Genre | : Patents |
ISBN | : |
Author | : India |
Publisher | : Universal Law Publishing |
Total Pages | : 196 |
Release | : |
Genre | : |
ISBN | : |
Author | : Janice M. Mueller |
Publisher | : Aspen Publishing |
Total Pages | : 1266 |
Release | : 2024-07-19 |
Genre | : Law |
ISBN | : |
Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary
Author | : Claude E. Barfield |
Publisher | : A E I Press |
Total Pages | : 116 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780844742564 |
American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.
Author | : Harold Einhorn |
Publisher | : |
Total Pages | : |
Release | : 1968 |
Genre | : Patent licenses |
ISBN | : |
Author | : Adarsh Ramanujan |
Publisher | : Wolters Kluwer India Pvt. Ltd. |
Total Pages | : 1729 |
Release | : 2020-09-01 |
Genre | : Law |
ISBN | : 9389859603 |
It is a casebook on patent law that involves comparative jurisprudence tailored for India. The book is best described by highlighting the following features: (1) Casebook format - The casebook format suits practitioners and judges. It allows the reader to independently interpret and assess the implication of each caselaw, which forms a vital component of the practice of law. The reader is assisted towards this objective by only containing extracts of the relevant portions of the judgment. Even from an academic perspective, it provides an unfiltered view of the law, better than any unnecessary prose. (2) Comparative approach - For each topic of patent law, the book would provide a single point congregation of the relevant Indian provisions and extracts from relevant caselaw across India, the UK, the EU and the USA. This approach is ideal for India, where jurisprudence on the subject is limited. Courts, practitioners, and the Patent Office often resort to such a comparative approach to learn from the experiences of other jurisdictions. (3) Notes - Author's notes before and after each caselaw or topic fulfil four purposes: (i) set the context for the reader; (ii) critique the caselaw or to bring focus on to issues that arise in practice; (iii) contextualize the discussion to the Indian statute; and (iv) examine the historical perspective, including the legislative history. (4) Focus on law - it is a no-nonsense, no-rhetoric book, focussing on the law, its interpretation and application.