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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.
The Leahy-Smith America Invents Act was signed into law on September 16, 2011, and made the most sweeping changes to the U.S. patent law in nearly 60 years. America Invents Act: Law & Analysis, 2014 Edition is the definitive, must-have resource to ensure understanding of and compliance with the America Invents Act. Authored by top U.S. patent law firm Foley & Lardner, this title presents a definitive explanation of the new patent reform legislation. The authors bring clarity to the complex and confusing provisions of the America Invents Act, as well as insight into how the Act could be interpreted. America Invents Act: Law and Analysis is the most invaluable resource to help you: Understand the implications of the new patent reform act through clear and straightforward explanations Quickly find the correct effective date for important changes in the law Gain practical guidance on how the Act may be interpreted so you can anticipate how the Act may affect your client America Invents Act: Law and Analysis, 2014 Edition dissects and analyses the major impacts for patent practitioners, including the switch to a "first-to-file" jurisdiction and the new post-grant review process. Highlights of this new edition include: A new section on miscellaneous provisions regarding derivation proceedings including public availability of board records, correction of inventorship, oral hearing, page limits, discovery and pro hoc vice . In depth discussion of the USPTO's final rules of practice relating to the the inventor's oath or declaration provisions of the AIA. A new section on the four final rules packages implementing inter partes and post-grant review.
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 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.