The Requirement For An Invention In Patent Law PDF Download
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Author | : Justine Pila |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780199296941 |
Download The Requirement for an Invention in Patent Law Book in PDF, ePub and Kindle
The Requirement for an Invention in Patent Law provides a critical analysis of legal conceptions of the invention in UK patent law and under the European Patent Convention. Dr Justine Pila brings to this text her extensive experience in intellectual property law. A central theme of the book is that the requirement for an invention, properly construed, sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matters capable of supporting a patent, and the second is by restricting the protection conferred by a patent to individual subject matters conceived qua inventions. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public. This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanization. It includes a detailed study of the contemporary (EPC) requirement for an invention and its construction by the European Patent Office, and an analysis of the legal and policy issues which that construction raises. It also places the UK and EPC law in its interpretive context, including its international statutory context, and offers a detailed account of international law-making in the field of patents. The Requirement for an Invention in Patent Law is an indispensible reference text for students and academics of intellectual property law in general and contemporary patent law in particular, and will appeal to anyone interested in Europeanization, international patent law and harmonization, and the history of the UK patent system. Its elucidation of this complex area also makes it an excellent guide for practitioners.
Author | : Justine Pila |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download The Requirement for an Invention in Patent Law Book in PDF, ePub and Kindle
Properly construed, the requirement for an invention in patent law sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matter capable of supporting a patent, and the second is by restricting the protection conferred by a patent to subject matter conceived qua invention. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public. This book offers an analysis of the requirement for an invention in patent law and its development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanisation. It includes a detailed study of the contemporary (EPC) requirement for an invention and its construction by the European Patent Office and UK Courts, and an analysis of the legal and methodological issues which they raise. It also places the EPC in its interpretive context, including its international statutory context. Finally, it concludes with some reflections on the nature of (and requirement for) an invention moving forward.
Author | : Justine Pila |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download The Requirement for an Invention in Patent Law Book in PDF, ePub and Kindle
Properly construed, the requirement for an invention in patent law sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matter capable of supporting a patent, and the second is by restricting the protection conferred by a patent to subject matter conceived qua invention. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public. This book offers an analysis of the requirement for an invention in patent law and its development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanisation. It includes a detailed study of the contemporary (EPC) requirement for an invention and its construction by the European Patent Office and UK Courts, and an analysis of the legal and methodological issues which they raise. It also places the EPC in its interpretive context, including its international statutory context. Finally, it concludes with some reflections on the nature of (and requirement for) an invention moving forward.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 44 |
Release | : 2018-04-30 |
Genre | : Law |
ISBN | : 9280526510 |
Download WIPO Guide to Using Patent Information Book in PDF, ePub and Kindle
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.
Author | : Lodewijk W.P. Pessers |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 428 |
Release | : 2016-04-20 |
Genre | : Law |
ISBN | : 9041183396 |
Download The Inventiveness Requirement in Patent Law Book in PDF, ePub and Kindle
Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept, and in current debates the question is often raised whether the requirement is capable of functioning as an adequate ‘gate-keeper’. By providing a broad and historical perspective on the inventiveness concept in patent law, this groundbreaking work lays a very thorough conceptual basis for further and more in-depth discussions on current standards of inventiveness. In a method guided by geography and chronology, the author weaves developments in numerous countries – focusing primarily on the United States, the United Kingdom, Germany, and the Netherlands – into a fullscale analysis of the inventiveness concept. Among the questions raised and examined are the following: - How do industrial–economic considerations influence the requirement? - Are there different doctrinal ‘schools of thought’ that can be distinguished? - Should the current requirement stay in close relationship with its predecessors or is it fundamentally different? - Which socio-economic and political forces have influenced or diverted the evolution of the requirement? - What are the most conspicuous similarities and dissimilarities among the jurisdictions under examination? And how can they be explained? - To what extent is the ‘inventive step’ requirement applied in a uniform manner within the European Patent Convention area? - To what extent has the enormous recent growth of patent grants been brought about by relaxation of the inventiveness requirement? This book provides crucially important fundamental commentary for lawyers, jurists, and scholars coming to grips with a hugely complex legal phenomenon: the dramatic growth worldwide in recent years of patents as instruments for the protection of industrial property. Particularly welcome in these times of intensifying scrutiny of patent law, this incomparable analysis will quickly become a cornerstone resource for intellectual property lawyers, patent officers, in-house counsel in multinational manufacturing companies, and other interested practitioners.
Author | : |
Publisher | : |
Total Pages | : 52 |
Release | : 1975 |
Genre | : Patents |
ISBN | : |
Download General Information Concerning Patents Book in PDF, ePub and Kindle
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 186 |
Release | : 2004-10-01 |
Genre | : Science |
ISBN | : 0309089107 |
Download A Patent System for the 21st Century Book in PDF, ePub and Kindle
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 | : United States |
Publisher | : |
Total Pages | : 1506 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
Download United States Code Book in PDF, ePub and Kindle
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : Joseph P. Kennedy |
Publisher | : John Wiley & Sons |
Total Pages | : 262 |
Release | : 2012-07-31 |
Genre | : Law |
ISBN | : 1118410092 |
Download How to Invent and Protect Your Invention Book in PDF, ePub and Kindle
A straightforward guide to inventing, patenting, and technology commercialization for scientists and engineers Although chemists, physicists, biologists, polymer scientists, and engineers in industry are involved in potentially patentable work, they are often under-prepared for this all-important field. This book provides a clear, jargon-free, and comprehensive overview of the patenting process tailored specifically to the needs of scientists and engineers, including: Requirements for a patentable invention How to invent New laws created by President Obama's 2011 America Invents Act The process of applying for and obtaining a patent in the U.S. and in foreign countries Commercializing inventions and the importance of innovation Based on lecture notes refined over twenty-five years at The University of Akron, How to Invent and Protect Your Invention contains practical advice, colorful examples, and a wealth of personal experience from the authors.
Author | : Australia. Law Reform Commission |
Publisher | : Virago Press |
Total Pages | : 690 |
Release | : 2004 |
Genre | : Genes |
ISBN | : |
Download Genes and Ingenuity Book in PDF, ePub and Kindle
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.