The Changing Face of US Patent Law and Its Impact on Business Strategy
The Changing Face of US Patent Law and Its Impact on Business Strategy

Author: D.R. Cahoy

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 257

ISBN-13: 1781007853

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'Daniel Cahoy and Lynda Oswald have brought together some of the country's most prominent patent scholars outside the legal discipline. From the LeahySmith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.' Peter K. Yu, Drake University Law School, US Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy. The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit's special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades. This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.

A Patent System for the 21st Century
A Patent System for the 21st Century

Author: National Research Council

Publisher: National Academies Press

Published: 2004-10-01

Total Pages: 186

ISBN-13: 0309089107

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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.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Global Governance of Intellectual Property in the 21st Century
Global Governance of Intellectual Property in the 21st Century

Author: Mark Perry

Publisher: Springer

Published: 2016-05-24

Total Pages: 254

ISBN-13: 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.

Patents in the Knowledge-Based Economy
Patents in the Knowledge-Based Economy

Author: National Research Council

Publisher: National Academies Press

Published: 2003-08-11

Total Pages: 352

ISBN-13: 0309167183

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This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Changing Face of the Law
Changing Face of the Law

Author: Riddhi Dasgupta

Publisher: iUniverse

Published: 2006-02

Total Pages: 718

ISBN-13: 0595376312

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Abstruse legal phrases often inform our understanding of intricate cases. But those situations are also led, not outpaced, by basic equity principles of life itself. What statisticians call the law of large numbers and intelligence analysts in the world of science fiction know as the Bergofsky Principle is our structural faith in empirical knowledge. In this day, this process of experience and learning has moved into an international and interdisciplinary scale. That idea cannot be lost on us. Around the world, business and political leaders work together to realize common goals. But how does the rule of law impact these developments in strategy and technology, sustainable development, and access to justice? Armed with realism, Changing Face of the Law: A Global Perspective actively explores the legal traditions of the United States, India, and other commonwealth nations. A budding lawyer, author Riddhi Dasgupta provides an insider's look at the link between the rule of law and corporate ethics, the law's imagination, and our global dialogue. Lawful governance, or Gandhi's swaraj, is our linchpin. It appreciates the complexities of life and insightfully examines the modern perspectives of law. Giving us examples of this approach in the areas of free thought, federalism and development, and the law's role as a teacher, Dasgupta pinpoints the 'active liberty" of the world's citizens-their own governance-as the key issue. Every generation has its challenges, and ours lie in combating the emergent economic, health, corruption, and terrorism crises through the rule of law. Each sector in our society (from multinational corporations to social groups) is a vital piece of the puzzle. There is no doubt that the success or failure of this collaboration will measure our legacy.

Global Dimensions of Intellectual Property Rights in Science and Technology
Global Dimensions of Intellectual Property Rights in Science and Technology

Author: National Research Council

Publisher: National Academies Press

Published: 1993-02-01

Total Pages: 457

ISBN-13: 0309048338

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As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Reaping the Benefits of Genomic and Proteomic Research
Reaping the Benefits of Genomic and Proteomic Research

Author: National Research Council

Publisher: National Academies Press

Published: 2006-04-09

Total Pages: 189

ISBN-13: 0309100674

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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.