The Inventiveness Requirement in Patent Law
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Information Law Series Volume 36
The Inventiveness Requirement in Patent Law provides 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. Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept. The question that is often raised in current debates is whether the requirement is capable of functioning as an adequate and'gate-keeperand'.
Using a methodology guided by geography and chronology, the author weaves together developments in numerous countries and-- focusing primarily on the United States, the United Kingdom, Germany, and the Netherlands and-- into a full-scale analysis of the inventiveness concept.
Whatand's in this book:
Among the questions raised and examined are the following:
How do industrial and economic considerations influence the inventiveness requirement? Are there different doctrinal and'schools of thoughtand' that can be distinguished? Should the current inventiveness 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 inventiveness requirement? What are the most conspicuous similarities and dissimilarities among the jurisdictions under examination? How can they be explained? To what extent is the and'inventive stepand' requirement applied in a uniform manner within the European Patent Convention area? To what extent has the recent enormous growth of patent grants been brought about by relaxation of the inventiveness requirement?
The author tries to answer the question of how the requirement of inventiveness (in patent law) has evolved over time. In doing so, he focuses on three aspects in particular: (i) the historical phases that can be discerned in the requirementand's evolution; (2) the socio-economic and political forces that have determined or influenced its course; and (3) the similarities and dissimilarities between the jurisdictions under examination (i.e., the United States, the United Kingdom, Germany and the Netherlands).
For reasons of structure and overview, the book is divided into two parts. The first part describes the evolution of inventiveness requirements in its first three phases: medieval, mercantilist and pre-modern. The second part is dedicated to the modern phase and pays particular attention to two different and'schools of thoughtand' that developed in the 19th century and which continue to be relevant for the doctrineand's direction, even today.
How will this help you:
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. This book discusses the legislative and jurisprudential developments, as well as the extra-legal aspects and-- social, economic, political, and administrative and-- of the inventiveness in patent law. This excellent analysis is particularly welcome in these times of intensifying scrutiny of patent law and is sure to rapidly become a cornerstone resource for intellectual property lawyers, patent officers, in-house counsel in multinational manufacturing companies, and other interested practitioners.
Exploring Materials Through Patent Information
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Many advances in technology are due to the development of new materials and by using patent literature we can monitor how technology has advanced. Exploring Materials through Patent Information describes how different technologies have evolved through the development of their patents, providing students with a guide on how to use patents as a source of information in their research and studies.
The first chapter provides practical advice on searching for patents and using patents, followed by individual chapters covering different material systems where the technical information in the patent literature demonstrates the developments in the technology. The materials discussed includes light-emitting diodes, quantum dots, organic light-emitting diodes (OLEDs), liquid crystals and liquid crystal displays, 3d printing, healthcare, block copolymers, aerogels, ionic liquids, flame retardants, graphene, hydrogels, and superhydrophobic materials.
The book is aimed at students in chemistry, materials science and engineering to show how patent information is an important source of information alongside other sources of information.
Consider a Spherical Patent
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Get Critical Insight into the Modern Patenting Scene
We are now living in the "IP Era of the Information Age" where technology businesses are placing increasing emphasis on intellectual property (IP) as a way to add to their bottom lines. As a consequence, those working in a technology business or organization will inevitably be thrust into working with IP in one or more of its various forms. This increasing emphasis on IP matters requires technology workers to have at least a basic practical understanding of IP, particularly patents, so that they can effectively participate in their organizations' IP and patenting efforts.
Consider a Spherical Patent: IP and Patenting in Technology Businessprovides an unconventional and unvarnished examination of patents and the reality of how they are used and abused in technology business. The book starts with an overview of patents and how the patenting universe has become so complex, and warns of the danger of making "spherical," simplifying assumptions about patents and patent-related matters. It then takes a look at the cast of characters in the modern patenting world and the roles they play at the "IP Bazaar." The book goes on to explain the increasing emphasis in today's modern IP world of leveraging patents in large collections of patents called "portfolios." The author describes how the fractal nature of innovation allows for the exponential growth of patents to densely pack an "IP space," including how this packing can exceed its normal limits and the adverse consequences. He also explores the evolution and importance of core to improvement to commercialization patents. A modern view of patents based on "quantum patent mechanics" explains some of the mysterious patent-related phenomena that are otherwise inexplicable using "classical patent mechanics."
Using examples of actual patents and patent portfolios of real technology businesses, the author discusses how patenting strategies are defined based on "central organizing principles" behind why patents are being pursued. He describes the operational realities of running an internal patenting system as well as how to avoid the prevalent trap of accepting a high degree of disorder (entropy) in the business's patenting system. He also takes a close look at other problematic areas, such as the use and abuse of provisional patent applications and how "no shame claims" can be issued by the patent office and the havoc they can create.
How to write a patent application
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Stocked with drafting checklists and sample drafting language, documents and drawings, the second edition of How to Write a Patent Application walks you step-by-step through the entire process of preparing patent applications. This hands-on resource helps you: - Get from an inventor all the information needed to prepare an effective application - Claim an invention with sufficient breadth - Claim an invention so that the elements that render the invention nonobvious are clearly set forth in the claims - Claim an invention whose validity will be sustained by the courts - Avoid damaging drafting mistakes such as faulty transitions, inconsistent terminology, incorrect verb forms, and deficient functional language Completely up-to-date, How to Write a Patent Application analyzes developments under the America Invents Act, the latest USPTO initiatives, and key decisions of the federal courts, and provides the author's practical suggestions and commentary.
Patent Savvy for Managers
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Table of Contents:
No guarantees... and other patent principles -- Does four include three? Case studies you can understand -- Anything under the sun (made by man) : what's patentable -- The claim game : how to read a patent -- What to do when your candy bar melts : capturing patents -- The long and winding road to "Patent Pending" -- The good shepherd :patent prosecution and management -- The worldwide patent party -- Live and let die : the exhausting effects of patent litigation -- Caveat emptor : buying and licensing patents
American Inventions
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Every American knows that Thomas Alva Edison's most famous invention was the light bulb, but who invented the pregnancy test? How was the airbag invented? How was the first computer patented? Stephen van Dulken examines the way inventions and patents such as these have helped to create the "American Dream."
Between 1911 and 1999, the number of registered U.S. patents rose from 1 million to 6 million. Showcasing dozens of those original patent drawings from the U.S. Patent and Trademark Office, American Inventions shows how trends in the history of the United States are reflected in the patent records. For example, the invention of the Frisbee dates back to 1920 when a Yale University student recalled throwing around the pie tins of the nearby Frisbie Baking Company, but it was not until 1948 that Fred Morrison and Warren Francioni capitalized on Americans' new-found fascination with flying saucers by applying for a patent on a plastic flying disk.
Van Dulken surveys the inventions and patents of the workplace, the home, the kitchen, the open road, and the beauty parlor, to name a few, to find the compelling stories and eureka moments in American history. From bobby pins to in-line skates, from the jukebox to the fax machine, American Inventions is a captivating catalog of the famous and not-so-famous contraptions that have shaped the American way of life.
Intellectual Property in Molecular Medicine
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Patents are an important way of protecting inventions in the pharmaceutical and biotechnology industries. However, intellectual property law reforms have not kept pace with the rapid advances in genomics, synthetic biology, and stem cell research. Meanwhile, universities are increasingly spinning off companies that use these technologies, requiring the academic scientists involved to gain an understanding of intellectual property law and the patent system as it applies to biomedical innovations.
This collection from Cold Spring Harbor Perspectives in Medicine aims to provide a clear, current, and comprehensive understanding of biomedical intellectual property and the laws that protect it. The contributors describe patent laws and practices in the United States, Canada, Australia, and the European Union. They explain the roles of regulatory agencies in intellectual property, various opinions on the patentability of biological materials (e.g., DNA and stem cells), and the implications of recent court decisions (e.g., the Myriad case). Practical issues related to licensing agreements and patent applications are also discussed. The authors offer guidance on the criteria for patent eligibility (e.g., utility, nonobviousness, and novelty), issues related to timing and possession, and rules for determining inventorship.
Other topics include trade secrets, research exemptions, and the protection of traditional knowledge related to biological resources. This volume will serve as an essential reference for all scientists, physicians, and technology transfer professionals seeking to navigate the complex rules, regulations, and procedures concerning intellectual property in biotech and pharma.
Innovation and Entrepreneurship
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Innovation and Entrepreneurship provides a very practical and thoroughly researched introduction to innovation and entrepreneurship. It incorporates the core theme of entrepreneurship within the fabric of innovation and is complemented by a broad range of new case studies across many differentindustries. The text covers the latest core information about innovation and the disciplined and systematic approach that has led successful innovative companies to their market leading positions and to achieve business success. This is blended with the entrepreneurship aspects of activity that lead toinnovation, often in smaller firms and in niches of larger organisations. It provides a systematic breakdown of systematic innovation capabilities and both detailed case studies and mini cases of innovative companies and of entrepreneurs for students and business people to learn from.
Patents, Human Rights and Access to Science
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The new millennium has been described as 'the century of biology', but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law. Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today's controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science.Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.
Inventology
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A father cleans up after his toddler and imagines a cup that won't spill. An engineer watches people using walkie-talkies and has an idea. A doctor figures out how to deliver patients to the operating room before they die. By studying inventions like these -- the sippy cup, the cell phone, and an ingenious hospital bed -- we can learn how people imagine their way around "impossible" problems to discover groundbreaking answers. Pagan Kennedy reports on how these enduring methods can be adapted to the twenty-first century, as millions of us deploy tools like crowdfunding, big data, and 3-D printing to find hidden opportunities. Inventology uses the stories of inventors and surprising research to reveal the steps that produce innovation. As Kennedy argues, recent advances in technology and communication have placed us at the cusp of a golden a≥ it's now more possible than ever before to transform ideas into actuality. Inventology is a must-read for designers, artists, makers--and anyone else who is curious about creativity. By identifying the steps of the invention process, Kennedy reveals the imaginative tools required to solve our most challenging problems.
Confederate Invention
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The formation of the Confederate States of America involved more than an attempt to create a new, sovereign nation -- it inspired a flurry of creativity and entrepreneurialism in the South that fiercely matched Union ingenuity. H. Jackson Knight's Confederate Invention brings to light the forgotten history of the Confederacy's industrious inventors and its active patent office.
Despite the destruction wrought by the Civil War, evidence of Confederate inventions exists in the registry of the Confederate States Patent Office. Hundreds of southerners submitted applications to the agency to secure patents on their intellectual property, which ranged from a "machine for operating submarine batteries," to a "steam plough," to a "combined knapsack and tent," to an "instrument for sighting cannon." The Confederacy's most successful inventors included entrepreneurs, educators, and military men who sought to develop new weapons, weapon improvements, or other inventions that could benefit the Confederate cause as well as their own lives. Each creation belied the conception of a technologically backward South, incapable of matching the creativity and output of northern counterparts.
Knight's work provides a groundbreaking study that includes neglected and largely forgotten patents as well as an array of other primary sources. Details on the patent office's origins, inner workings, and demise, and accounts of southern inventors who obtained patents before, during, and after the war reveal a captivating history recovered from obscurity.
A novel creation in its own right, Confederate Invention presents the remarkable story behind the South's long-forgotten Civil War inventors and offers a comprehensive account of Confederate patents.
There is also an online computer based training tutorial of the same information.
Invented by Law
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Alexander Graham Bell's invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell's telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation.
Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone's sole inventor, exposing that story's origins in the arguments advanced by Bell's lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell's legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways.
Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today's patent crisis.
Biopatent Law
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TOC: General issues of biotech patents -- Active and passive patent strategies -- Patent lifecycle management, supplementary protection certificates and data exclusivity in biopharmaceutics
Medical Monopoly
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This title provides the first analysis of the shifting relationship between intellectual property rights, therapeutic reformers, and the American pharmaceutical industry during the long nineteenth century. Pharmaceutical manufacturers came to embrace the use of both patents and trademarks, establishing two of the key mechanisms that underlay the rapid growth of the pharmaceutical industry during the next century.
Patent Law in Global Perspective
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This text addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.
Limits of Patentability
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TOC: The limits of patentability : plant biosciences -- The limits of patentability : stem cells -- The limits of patentability : genes and nucleic acids
The Inventor's Notebook
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Everything you need to document the invention process -- when you're done, you'll have legal proof that you created it first!
Biopatent Law
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SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology. This volume focus on particular aspects of the US patent law, which can have tremendous differences compared to the European law. This includes questions of biopatent prosecution, novelty, inventive step, written disclosure and sufficiency of enablement as well as questions of law enforcement of biotech patents.
Patent Valuation
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In today's economy, patents tend to be the most important of the intellectual property (IP) assets. It is often the ability to create, manage, defend, and extract value from patents that can distinguish competitive success and significant wealth creation from competitive failure and economic waste. Patent Valuation enhances the utility and value of patents by providing IP managers, IP creators, attorneys, and government officials with a useable resource that allows them to use actual or implied valuations when making patent-related decisions.
Involves a combination of techniques for describing patent valuation
Includes descriptions of various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and examples
Serves as a useable resource that allows IP managers to use actual or implied valuations when making patent-related decisions
One of the most fundamental premises of the book is that these valuation skills can be made accessible to each of the various decision makers in the patent process. Patent Valuation involves narrative descriptions of the various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and an abundance of examples to demonstrate the more complex concepts.
Fundamentals of Patenting and Licensing for Scientists and Engineers
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