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.

WIPO Guide to Using Patent Information
WIPO Guide to Using Patent Information

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2018-04-30

Total Pages: 44

ISBN-13: 9280526510

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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.

The Inventiveness Requirement in Patent Law
The Inventiveness Requirement in Patent Law

Author: Lodewijk W.P. Pessers

Publisher: Kluwer Law International B.V.

Published: 2016-04-20

Total Pages: 543

ISBN-13: 9041183396

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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.