Patents as an Incentive for Innovation

Patents as an Incentive for Innovation
Author: Rafal Sikorski
Publisher: Kluwer Law International B.V.
Total Pages: 474
Release: 2021-02-16
Genre: Law
ISBN: 9403524146

Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Private Power, Public Law

Private Power, Public Law
Author: Susan K. Sell
Publisher: Cambridge University Press
Total Pages: 244
Release: 2003
Genre: Business & Economics
ISBN: 9780521525398

Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

WIPO Guide to Using Patent Information

WIPO Guide to Using Patent Information
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 44
Release: 2018-04-30
Genre: Law
ISBN: 9280526510

This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.

Cross-border Enforcement of Patent Rights

Cross-border Enforcement of Patent Rights
Author: Marta Pertegás Sender
Publisher: Oxford University Press, USA
Total Pages: 362
Release: 2002
Genre: Law
ISBN: 9780199249695

This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.

Private Patent Legislation

Private Patent Legislation
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
Total Pages: 120
Release: 1985
Genre: Hypoglycemic agents
ISBN:

Privatised Law Reform

Privatised Law Reform
Author: Phillip Johnson
Publisher: Routledge
Total Pages: 232
Release: 2020-08-14
Genre:
ISBN: 9780367593988

In the history of British patent law, the role of Parliament is often side-lined. This is largely due to the raft of failed or timid attempts at patent law reform. Yet there was another way of seeking change. By the end of the nineteenth century, private legislation had become a mechanism or testing ground for more general law reforms. The evolution of the law had essentially been privatised and was handled in the committee rooms in Westminster. This is known in relation to many great industrial movements such as the creating of railways, canals and roads, or political movements such as the powers and duties of local authorities, but it has thus far been largely ignored in the development of patent law. This book addresses this shortfall and examines how private legislation played an important role in the birth of modern patent law.

A Patent System for the 21st Century

A Patent System for the 21st Century
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.