Rethinking the Development of Patents
Author | : Adam Mossoff |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : |
ISBN | : |
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Author | : Adam Mossoff |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : |
ISBN | : |
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 | : Robin Feldman |
Publisher | : Harvard University Press |
Total Pages | : 270 |
Release | : 2012-06-19 |
Genre | : Law |
ISBN | : 0674070178 |
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.
Author | : Gustavo Ghidini |
Publisher | : Edward Elgar Publishing |
Total Pages | : 416 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1783478012 |
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
Author | : Reto Hilty |
Publisher | : Oxford University Press, USA |
Total Pages | : 465 |
Release | : 2021-02-25 |
Genre | : Law |
ISBN | : 0198870949 |
This edited volume provides a broad and comprehensive picture of the intersection between Artificial Intelligence technology and Intellectual Property law, covering business and the basics of AI, the interactions between AI and patent law, copyright law, and IP administration, and the legal aspects of software and data.
Author | : Adam B. Jaffe |
Publisher | : University of Chicago Press |
Total Pages | : 441 |
Release | : 2015-08-14 |
Genre | : Business & Economics |
ISBN | : 022628672X |
In 1945, Vannevar Bush, founder of Raytheon and one-time engineering dean at MIT, delivered a report to the president of the United States that argued for the importance of public support for science, and the importance of science for the future of the nation. The report, Science: The Endless Frontier, set America on a path toward strong and well-funded institutions of science, creating an intellectual architecture that still defines scientific endeavor today. In The Changing Frontier, Adam B. Jaffe and Benjamin Jones bring together a group of prominent scholars to consider the changes in science and innovation in the ensuing decades. The contributors take on such topics as changes in the organization of scientific research, the geography of innovation, modes of entrepreneurship, and the structure of research institutions and linkages between science and innovation. An important analysis of where science stands today, The Changing Frontier will be invaluable to practitioners and policy makers alike.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 189 |
Release | : 2006-04-09 |
Genre | : Science |
ISBN | : 0309100674 |
The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.
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 | : Beth Simone Noveck |
Publisher | : Brookings Institution Press |
Total Pages | : 250 |
Release | : 2009-08-01 |
Genre | : Political Science |
ISBN | : 0815703465 |
Collaborative democracy—government with the people—is a new vision of governance in the digital age. Wiki Government explains how to translate the vision into reality. Beth Simone Noveck draws on her experience in creating Peer-to-Patent, the federal government's first social networking initiative, to show how technology can connect the expertise of the many to the power of the few. In the process, she reveals what it takes to innovate in government. Launched in 2007, Peer-to-Patent connects patent examiners to volunteer scientists and technologists via the web. These dedicated but overtaxed officials decide which of the million-plus patent applications currently in the pipeline to approve. Their decisions help determine which start-up pioneers a new industry and which disappears without a trace. Patent examiners have traditionally worked in secret, cut off from essential information and racing against the clock to rule on lengthy, technical claims. Peer-to-Patent broke this mold by creating online networks of self-selecting citizen experts and channeling their knowledge and enthusiasm into forms that patent examiners can easily use. Peer-to-Patent shows how policymakers can improve decisionmaking by harnessing networks to public institutions. By encouraging, coordinating, and structuring citizen participation, technology can make government both more open and more effective at solving today's complex social and economic problems. Wiki Government describes how this model can be applied in a wide variety of settings and offers a fundamental rethinking of effective governance and democratic legitimacy for the twenty-first century.
Author | : Stephen H. Haber |
Publisher | : Oxford University Press |
Total Pages | : 393 |
Release | : 2021-08-06 |
Genre | : Business & Economics |
ISBN | : 0197576184 |
An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.