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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 United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
In Dealing With Intellectual Property Rights (Ipr), This Book Focuses On Patents And Handles All Aspects Of Patenting On A Lucid And Comprehensive Manner. This Book Will Enable The User To Enter Into An Effective Dialogue With Ipr Professionals Such As Patent Attorney And Information Experts To Exploit What The System Has To Offer. It Describes The Present Patenting System And Operational Procedures In India Along With Issues Evolving As A Result Of Gatt And The Formation Of The Wto.
This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.
In Indian context.
This masterful analysis of patent law in India, by two of India's most distinguished jurists, investigates thoroughly the scope of the possible answers to these crucial questions. Recognizing the character of the revolution taking place in patent law globally under the regime of multinational corporations - and India's central role in its development - Dr. Rao and Dr. Manjula Guru's analysis focuses on the patenting of substances arising out of advances in biotechnology, genetically engineered products, and computer-related devices. But they do not neglect the practical details of application, registration, and proceedings as constituted under the amended law; in fact, this book is the most detailed and insightful procedural and practice guide to the subject we have. Topics and areas of practice covered include the following: * patent for new use of a known product; * prescribed form of application; * entry in the Register; * powers of the Controller of Patents; * opposition and revocation proceedings; * addition and restoration of lapsed patents; * defences and reliefs in infringement proceedings; * compulsory licensing; * experimental use; * international arrangements for grants of patents simultaneously by several countries; * anti-competitive practices; and * exclusive marketing rights.
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives-be it through medicines, music, movies, books, food, yoga, or the Internet-but have never been narrated to a larger audience. This book unravels the development of India's IP law and policy in modern times, in a form and style designed for the general reader.The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book's unique focus is on the politics and history of Indian IP, rather than the black letter of the law.
It is a casebook on patent law that involves comparative jurisprudence tailored for India. The book is best described by highlighting the following features: (1) Casebook format - The casebook format suits practitioners and judges. It allows the reader to independently interpret and assess the implication of each caselaw, which forms a vital component of the practice of law. The reader is assisted towards this objective by only containing extracts of the relevant portions of the judgment. Even from an academic perspective, it provides an unfiltered view of the law, better than any unnecessary prose. (2) Comparative approach - For each topic of patent law, the book would provide a single point congregation of the relevant Indian provisions and extracts from relevant caselaw across India, the UK, the EU and the USA. This approach is ideal for India, where jurisprudence on the subject is limited. Courts, practitioners, and the Patent Office often resort to such a comparative approach to learn from the experiences of other jurisdictions. (3) Notes - Author's notes before and after each caselaw or topic fulfil four purposes: (i) set the context for the reader; (ii) critique the caselaw or to bring focus on to issues that arise in practice; (iii) contextualize the discussion to the Indian statute; and (iv) examine the historical perspective, including the legislative history. (4) Focus on law - it is a no-nonsense, no-rhetoric book, focussing on the law, its interpretation and application.