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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: 2004-09-01
Genre: Science
ISBN: 0309182212

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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.


21st Century Patent System Improvement Act; Patent and Trademark Office Surcharge Extension Act of 1997; and Patent Term Restoration Act of 1997

21st Century Patent System Improvement Act; Patent and Trademark Office Surcharge Extension Act of 1997; and Patent Term Restoration Act of 1997
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
Total Pages: 320
Release: 1997
Genre: Patent laws and legislation
ISBN:

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Patent System and Modern Technology Needs

Patent System and Modern Technology Needs
Author: United States. Congress. House. Committee on Science. Subcommittee on Technology
Publisher: DIANE Publishing
Total Pages: 57
Release: 1996
Genre: Government publications
ISBN: 0788170686

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Patent Failure

Patent Failure
Author: James Bessen
Publisher: Princeton University Press
Total Pages: 346
Release: 2009-08-03
Genre: Law
ISBN: 1400828694

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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.


21st Century Patent System Improvement Act

21st Century Patent System Improvement Act
Author: Howard Coble
Publisher:
Total Pages: 170
Release: 1998-06
Genre:
ISBN: 9780788149580

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This report amends bill H.R. 400; includes patent & trademark office modernization, such as its powers & duties, organization & management, Trademark Trial & Appeal Board, Board of Patent Appeals & Interferences, suits by & against the Office, suspension or exclusion from practice, funding, & extension of surcharges on patent fees; examining procedure improvements; publication with provisional royalties; term extensions; further examination of patents; protection for prior domestic users of patented technologies; enhanced protection of inventors' rights; improved reexamination procedures; provisional, international & divisional applications, plant patents, & electronic filing.


Patent System and Modern Technology Needs

Patent System and Modern Technology Needs
Author: United States. Congress. House. Committee on Science. Subcommittee on Technology
Publisher: DIANE Publishing
Total Pages: 60
Release: 1996
Genre: Government publications
ISBN: 9780788170683

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Global Governance of Intellectual Property in the 21st Century

Global Governance of Intellectual Property in the 21st Century
Author: Mark Perry
Publisher: Springer
Total Pages: 254
Release: 2016-05-24
Genre: Law
ISBN: 3319311778

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This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.