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Is the current global legal system for patents really universal, fair, and effective? Author Esteban Donoso addresses this question in A Global Solution for the Protection of Inventions. Sharing the results of an extensive study, Donoso analyzes the legal nature of intellectual property, industrial property, and patents and reviews the evolution and background of the current global legal scenario of the protection of inventions. The study also identifies the main flaws, strengths, and virtues of the current system and examines the international instrument governing patents. Donoso then introduces a corrective action plan and addresses the compatibility of the proposal in regard to free trade, technology transfer, and the least possible market distortion. A Global Solution for the Protection of Inventions seeks to correct the deficiencies that exist in the current patent system by introducing a differentiated protection period granted by a patent according to the economic capacity of each country and demonstrates that this action is necessary to make the global agreement governing the system just and effective.
Is the current global legal system for patents really universal, fair, and effective? Author Esteban Donoso addresses this question in A Global Solution for the Protection of Inventions. Sharing the results of an extensive study, Donoso analyzes the legal nature of intellectual property, industrial property, and patents and reviews the evolution and background of the current global legal scenario of the protection of inventions. The study also identifies the main flaws, strengths, and virtues of the current system and examines the international instrument governing patents. Donoso then introduces a corrective action plan and addresses the compatibility of the proposal in regard to free trade, technology transfer, and the least possible market distortion. A Global Solution for the Protection of Inventions seeks to correct the deficiencies that exist in the current patent system by introducing a differentiated protection period granted by a patent according to the economic capacity of each country and demonstrates that this action is necessary to make the global agreement governing the system just and effective.
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.
Patent rights are territorial. A patent granted in the United States is only enforceable in the United States. Yet increasingly so, a successful launch of new technology or a product requires global strategy, and global strategy requires global patent protection. Seeking patent protection in multiple countries is routine for many companies. And while these multi-national teams of patent counsel and global administrative support are skilled at navigating different patentability requirements and processes, they are currently experiencing a new challenge: defending the priority date of their original patent application when seeking transnational patent protection. Companies are facing this challenge because of differences in patent assignment laws around the world. Patent assignment laws play a crucial role in patent protection, with the majority of patentable inventions around the world created by employees and assigned to employers. This Article demonstrates the interconnection of patent priority around the world by showing how the application of different rules regarding patent assignment law and patent priority currently lead to higher transaction costs and wasteful, if not abusive, litigation. This Article proposes two possible solutions to the global problem of proving patent priority: build a centralized recordation database modeled after the already-existing secured transactions recordation systems in place in almost every country worldwide, or, alternatively, include a disclosure requirement in the already-existing transnational patenting processes.
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.
Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.
This guide is designed to help researchers, inventors and entrepreneurs gain access to and use technology and business information and knowledge in the public domain, for the development of new innovative products and services in their own country. The focus of the guide is on information and technology disclosed in patent documents. Designed for self-study, the guide provides easy-to follow training modules that include teaching examples and other useful practical tools and resources.
In order to place the 25 years in a historical context, the essay does, exceptionally, deal also with pre-1967 events and with post-1992 possibilities.
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.
The Sustainable Development Goals (SDGs) provide an ambitious roadmap for human progress. This brochure explains how WIPO's work supports the SDGs by enabling innovation for the economic, social and cultural development of all countries.