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Focuses on: Australia, Canada, China, India, Japan, the United States, Europe, France, Germany, Italy, the Netherlands, and the United Kingdom.
The most significant overhaul of the U.S. patent laws in decades occurred with the recent passage of the Leahy-Smith America Invents Act (AIA). Understanding the law that dictates what a patent is and how a patent is obtained and enforced, and the recent changes through statute or case law litigation presents unique challenges. This third edition of Patent Fundamentals for Scientists and Engineers examines the new Act and provides an overview of the patent system for the independent inventor as well as for members of the scientific and business community—whether a scientist, engineer, supervisor, or manager. In addition to a new chapter dedicated to the America Invents Act, the third edition includes annotations of the recent law changes, updates in all chapters, new figures, and new case studies. The authors discuss patent filing outside of the United States and also dedicate a chapter specifically to the Canadian patent system. They describe the key topics that anyone involved in the patent process needs to know, including what makes an invention patentable, the art of patent searching, and the crucial role of record keeping. The text also includes an indispensable glossary of patent terminology, as well as an appendix with sample U.S. Patent and Trademark Office (USPTO) forms. This book provides a valuable guide to assist inventors in dealing with the USPTO, as well as with patent professionals. The text describes the patent process from conception to application filing and is a must-have reference for scientists and businesspeople alike. Since the role of patent professionals is to obtain the maximum protection for inventors, both the inventor and businessperson would be well advised to understand and participate in all the steps involved. This book offers an excellent insight into the patent process.
"A practical guide for research scientists in biotechnology and the pharmaceutical and agrochemical industries."--T.p.
A practical guide to patent prosecution and strategy in the US with particular reference to invention in chemicals and biotechnology. The presentation is focused on case law in the US and deals with specific cases. A section is devoted to international patent protection.
Like all inventors, developers of in vitro medical diagnostic tests depend on patent protection that is enforceable against alleged infringers and ensures royalties and other payments. Due to recent United States (US) court decisions that have made the patentability of such tests untenable in the US, there is an expectation that patent applications for in vitro diagnostic inventions will increase in commercially important countries that provide broader protection. Accordingly, this book thoroughly describes the patentability requirements and enforcement challenges faced by in vitro diagnostic inventions in nine major worldwide markets, providing practical tips on how to overcome these challenges and build a globally enforceable patent portfolio for such inventions. For each of nine jurisdictions – Australia, Canada, China, the European Union, India, Japan, Russia, South Africa and the US – an author knowledgeable in the patent law of his or her country examines such elements as the following: subject matter eligibility; specific patentability hurdles; recent and relevant cases; specific issues relating to enforcement; and exceptions to infringement. Specific examples of types of claims (both immunohistochemistry and molecular in vitro diagnostics) are provided, along with tips for drafting and prosecuting applications and best practices for forestalling rejections based on subject matter eligibility and prior art. This book is the first to provide a comprehensive global examination of the patentability of in vitro diagnostic tests. The editor, a patent attorney globally known for her work with the pharmaceutical industry, has assembled a compendium of international expertise that will prove indispensable to patent practitioners (prosecution as well as litigation), corporate research teams, pharmaceutical and other companies and academics throughout the world.
The topic of chemical and biological patents is of special importance in European and German patent law. The highly technical nature of patents in this area gives rise to special problems for patent lawyers in understanding, for instance, structural alterations like polymorphism and enantiomerism, which lead to a derivative of a substance that is comprised in the prior art. It is a legal question whether and under what circumstances such alterations are treated as novel, and in which cases they are part of the state of the art. Even if a substance is prior art, a new medical use can be patented. Dealing with natural occurrences of a substance is also a problem for patent law, as is the difficulty of understanding how different identifications of a substance and the resulting patents interrelate with each other. This book provides an expert overview of all these questions. Past decisions of the European Court of Justice (ECJ) concerning broccoli and tomato patents, as well as embryonic stem cells, have highlighted the importance of this field of law. Most of the proceedings regarding chemical and biological patents have been held in German courts, and the German jurisprudence has often been the basis for ECJ decisions. Thus, German case law is used to illustrate the commentary.