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Attention: Inventors and startups! Is the patent system confusing to you? Navigating the Patent System will give you more clarity regarding your potential next steps and increase your confidence as you make your patenting decisions. 7 Core Patent Concepts, Drafting the Patent Application and FAQs during patent process are explained.
The first edition of this book was written by Jeffrey Schox for his course "Patent Law and Strategy for Innovators and Entrepreneurs" at Stanford University. After an introduction to intellectual property, it explores the patent system, the requirements for a patent, infringement, and inventorship and ownership issues. The second edition included the America Invents Act ("AIA"), which transformed the U.S. patent system from a "first-to-invent" system to a "first-inventor-to-file" system. The third edition added a glossary and general edits. The fourth edition includes five additional cases: KSR (Supreme Court 2007), Stanford v. Roche (Supreme Court 2011), Prometheus (Supreme Court 2012), Nautilus (Supreme Court 2014), and Limelight (Fed. Cir. 2015).
A straightforward guide to inventing, patenting, and technology commercialization for scientists and engineers Although chemists, physicists, biologists, polymer scientists, and engineers in industry are involved in potentially patentable work, they are often under-prepared for this all-important field. This book provides a clear, jargon-free, and comprehensive overview of the patenting process tailored specifically to the needs of scientists and engineers, including: Requirements for a patentable invention How to invent New laws created by President Obama's 2011 America Invents Act The process of applying for and obtaining a patent in the U.S. and in foreign countries Commercializing inventions and the importance of innovation Based on lecture notes refined over twenty-five years at The University of Akron, How to Invent and Protect Your Invention contains practical advice, colorful examples, and a wealth of personal experience from the authors.
This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Germany’s patent system presents unique opportunities for patent holders, as well as risks for companies doing business there. Germany is one of the world’s top jurisdictions for patent enforcement because of the expertise of German courts, their unique procedures, and the speed of these proceedings. Winning a patent suit in Germany is tantamount to winning the European market, and gives the patent owner substantial leverage over opponents to achieve a worldwide settlement. In addition, suits in Germany frequently resolve well ahead of United States counterpart suits, at a fraction of the cost. This handbook, now in its second, fully updated edition, provides international lawyers with a practical understanding of Germany’s patent system, including the many legal changes that have occurred since the book’s original publication in 2011. It also addresses the implications of the upcoming Unified Patent Court. This second edition provides an in-depth, step-by-step procedural analysis of aspects of current patent practice in Germany, including the following: • Germany’s split system that bifurcates infringement from validity cases; • Obtaining discovery; • Claim construction; • Budgeting; • Implications of the upcoming new patent system, in particular the Unified Patent Court; • Germany’s labor law regarding employee inventions; and • Customs actions. The authors — both experienced patent lawyers, one German, one American — present proceedings in Germany in parallel with corresponding patent litigation stages in the United States. The chapters track the structure of patent disputes, starting with the overall structure of the German judicial system, followed by topics such as patentability, patent procurement, oppositions, infringement trials and customs enforcement actions. This book concludes with an extensive selection of forms and legislative material. Understanding the opportunities available in Germany provides companies with a broader toolkit for enforcing their intellectual property rights and defending against challenges brought by others. Practicing patent lawyers will not find a more complete, informed and practical guide than this book explaining the framework for patent procurement, enforcement and defense in Germany. Many will find surprising options without parallel in the United States.
Reading this book will help you understand how to work the patent system to your advantage, and how to work effectively with the patent attorney who will represent you.
This book defines the application of Information Technology’s systematic and automated knowledge mapping methodology to collect, analyze and report nanotechnology research on a global basis. The result of these analyses is be a systematic presentation of the state of the art of nanotechnology, which will include basic analysis, content analysis, and citation network analysis of comprehensive nanotechnology findings across technology domains, inventors, institutions, and countries.