The Future Of The Patent System
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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 | : Ryo Shimanami |
Publisher | : Edward Elgar Publishing |
Total Pages | : 401 |
Release | : 2012-01-01 |
Genre | : Law |
ISBN | : 1781000549 |
In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them. With detailed and extensive contributions, this book will greatly appeal to students, practitioners, policymakers and academics who are interested in the problems of current patent system in the world and their future.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 72 |
Release | : 2018-09-17 |
Genre | : Law |
ISBN | : 9280521756 |
This is the third in the series of guides on Intellectual Property for Business. It focuses on patents, a crucial tool to enable a company to draw maximum benefit from new technological ideas.
Author | : Adam B. Jaffe |
Publisher | : Princeton University Press |
Total Pages | : 253 |
Release | : 2011-05-27 |
Genre | : Business & Economics |
ISBN | : 1400837340 |
The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Author | : Shobita Parthasarathy |
Publisher | : University of Chicago Press |
Total Pages | : 299 |
Release | : 2017-02-21 |
Genre | : History |
ISBN | : 022643785X |
Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 302 |
Release | : 2009-05-15 |
Genre | : Technology & Engineering |
ISBN | : 0309136628 |
Recognizing that a capacity to innovate and commercialize new high-technology products is increasingly a key for the economic growth in the environment of tighter environmental and resource constraints, governments around the world have taken active steps to strengthen their national innovation systems. These steps underscore the belief of these governments that the rising costs and risks associated with new potentially high-payoff technologies, their spillover or externality-generating effects and the growing global competition, require national R&D programs to support the innovations by new and existing high-technology firms within their borders. The National Research Council's Board on Science, Technology, and Economic Policy (STEP) has embarked on a study of selected foreign innovation programs in comparison with major U.S. programs. The "21st Century Innovation Systems for the United States and Japan: Lessons from a Decade of Change" symposium reviewed government programs and initiatives to support the development of small- and medium-sized enterprises, government-university- industry collaboration and consortia, and the impact of the intellectual property regime on innovation. This book brings together the papers presented at the conference and provides a historical context of the issues discussed at the symposium.
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 | : Daniel J. Gervais |
Publisher | : Edward Elgar Publishing |
Total Pages | : 384 |
Release | : 2021-05-28 |
Genre | : Law |
ISBN | : 1800885342 |
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
Author | : Robin Feldman |
Publisher | : Harvard University Press |
Total Pages | : 288 |
Release | : 2012-06-19 |
Genre | : Law |
ISBN | : 0674064968 |
Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.
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.