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Excerpt from Changes in U. S. Patent Law and Their Implications for Energy and Environment Research and Development: Hearing Before the Subcommittee on Energy and Environment of the Committee on Science, U. S. House of Representatives, One Hundred Fourth Congress, Second Session, May 2, 1996 The primary beneficiaries of this change that was made in the patent law I believe are large, foreign and multinational corpora tions. They are the users, not the creators of intellectual property. Let us remember that Japan has pressed us for years to conform to their laws, which is what the change brought about in the gatt legislation accomplishes. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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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.
In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal. International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies. At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked. Many patented technologies are either not accessible for further dissemination or do not hold much technical value. Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country. Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact. This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities. It analyses the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies it offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.
The scope and impact of the statutory experimental use exception provided by 35 U.S.C. Section 271(e) of the Patent Act has created much controversy and uncertainty since it was enacted as part of the Drug Price Competition and Patent Term Restoration Act of 1984. For nearly twenty years, 35 U.S.C. Section 271(e) had been interpreted in an increasingly broad manner most favorable to parties who were utilizing the patented discoveries of others to perform research directed toward attaining Food and Drug Administration approval for pharmaceutical products prior to the expiry of the patents. In contrast, the parties that expended time and resources to perform the initial development work to obtain these patents saw their protection waning. In 2003, the U.S. Court of Appeals for the Federal Circuit, in Integra Lifesciences I, Ltd. v. Merck KGaA, attempted to reverse this trend, but the Federal Circuit decision was vacated by the U.S. Supreme Court approximately two years later. Because the economy and intellectual property have become increasingly globalized, such decisions can have far reaching implications. This comment considers the potential legal and economic impact of the Federal Circuit and Supreme Court decisions on research tool patent owners and the parties that were utilizing such tools under the previous court interpretations. Further, this article discusses how such decisions may result in the movement of research activities abroad, where there may be more favorable patent laws regarding experimental use. Japan's approach to the issue of experimental use and whether that approach would benefit the U.S. system is also examined in this comment.
'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs WirtĂ©n, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and CancĂșn, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.