1,588 results on '"PATENT law"'
Search Results
2. Legal regulation of gene editing procedure: USA and EU experience
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Elena N. Trikoz, Elena Evgenyevna Gulyaeva, and Diana M. Mustafina-Bredikhina
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Legal status ,Human rights ,international biolaw ,patent law ,Cas9 ,gene editing ,Patent law ,media_common.quotation_subject ,General Engineering ,lcsh:Law ,Legislation ,biomedical techniques ,human rights ,legal and ethical fields ,Genome ,crispr-cas9 ,Genome editing ,Political science ,CRISPR ,genome ,Law and economics ,media_common ,lcsh:K - Abstract
The problem of legal regulation of gene editing in recent years has obviously become global in nature due to the lack of unified systematic legislation in the world. The authors set a goal to study the main existing regulatory legal acts and determine whether there is currently an array of legislation that protects and at the same time establishes responsibility for the editors of the genome and persons who have given consent to it, before future generations, who will receive the edited gene, but who did not actually ask for it. The authors analyzed the most known general public cases related to patent disputes for the CRISPR-Cas9 genome editing technology and came to the conclusion that the strong desire to obtain the legal status of the author of the CRISPR/Cas9 genome modification technology is explained not by scientific ambitions but by commercial interest in a promising technology.
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- 2021
3. Exclusive rights of patent owners versus rights of chattel owners: the implied licence approach
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Jessica C. Lai
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History ,Scope (project management) ,Polymers and Plastics ,Patent law ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,GeneralLiterature_MISCELLANEOUS ,Industrial and Manufacturing Engineering ,ComputingMilieux_GENERAL ,Exclusive right ,ComputerSystemsOrganization_MISCELLANEOUS ,Law ,Business ,Business and International Management ,Patent system - Abstract
Everybody who owns a smartphone is the chattel owner of an artefact embodying patented inventions. The extent to which one may use the smartphone depends on the scope of patent rights and the impli...
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- 2023
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4. The Role of Patents as a Gendered Chameleon
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Jessica C. Lai
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History ,Sociology and Political Science ,Polymers and Plastics ,160299 Criminology not elsewhere classified ,Patent law ,05 social sciences ,Multitude ,General Social Sciences ,FOS: Law ,humanities ,Industrial and Manufacturing Engineering ,FOS: Sociology ,Incentive ,Sociology ,Political science ,0502 economics and business ,050207 economics ,Business and International Management ,Law ,050203 business & management ,Law and economics - Abstract
Patents have been theorised as serving a multitude of different aims and functions since their inception. The role of patents is chameleon-like. At the same time, studies show that males are significantly more likely than females to be the inventors of patented inventions. A nascent but emphatic body of literature highlights that this is, in part, due to patent law itself being gendered. This article examines how gendered patenting and patent law have implications for the role of patents. It shows that the role of patents is not only a chameleon but a gendered chameleon.
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- 2023
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5. CONCEPT, CONTENT AND SCOPE OF COPYRIGHT
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TATAR, Olga and MITITELU, Oxana
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patent law ,copyright ,civil law ,content ,concept - Abstract
Intellectual property law is a sub-branch of civil law, consisting of a set of legal norms that are designed to regulate the use of various objects of intellectual property. This sub-sector includes institutions: patent law, copyright, the right to a secret of production (know-how), the right to means of individualization, etc. Intellectual rights are rights to the results of intellectual activity and means of individualization equated to them, including the exclusive right, as well as personal non-property rights and other rights. Exclusive right is a property right to use the results of intellectual activity or a means of individualization that allows one to dispose of the exclusive right to it.
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- 2022
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6. The Development of the Legal Principles on Assignor Estoppel Doctrine in the U.S. Patent Law - Focused on the Supreme Court’s Minerva Decision
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Joo-Hwan Lee and 법학박사(Ph.D. in Law).
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Political science ,Law ,Patent law ,media_common.quotation_subject ,Doctrine ,Estoppel ,Supreme court ,media_common - Published
- 2021
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7. СООТНОШЕНИЕ НОРМ ПАТЕНТНОГО И АВТОРСКОГО ПРАВА В ОТНОШЕНИИ ПРАВОВОЙ ОХРАНЫ НЕКОТОРЫХ ОБЪЕКТОВ ДИЗАЙНА
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Law ,Political science ,Patent law ,Russian federation ,Civil code ,Object (philosophy) ,Intellectual rights - Abstract
В мире охраняются различные виды объектов интеллектуальных прав. В Российской Федерации их полный перечень содержится в ст. 1225 Гражданского кодекса РФ. В настоящей статье предлагается анализ одного из специфичных объектов, который можно охранять как нормами авторского права, так и патентного. Таковым является объект дизайна.
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- 2021
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8. The grounds for initiation of service-related objects of patent law in the system of the MIA of Russia
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Aleksandr Molchanov and Elizaveta Zaytseva
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Service (business) ,Law ,Patent law ,General Engineering ,General Earth and Planetary Sciences ,Business ,General Environmental Science - Abstract
The article is devoted to the study of the grounds for initiation of service-related objects of patent law in the system of the Ministry of the Internal Affairs of Russia. The authors define the conditions necessary for the recognition of the service-related character of an invention, utility model, or industrial design. This is especially important for the correct definition of the legal regime of the created results and the application of legal consequences to the relations arising between the subjects. The purpose of the work is to analyse the grounds for initiation of service-related objects in the system of the Ministry of the Internal Affairs of Russia. As a result of the study, the legal relationships between the subjects of patent law in the system of the Ministry of the Internal Affairs of Russia, the grounds for their occurrence and the specifics are analysed, the question of the relationships between the moment of creation of the service-related product and the period of validity of the working contract between the author and the employer are determined, the procedure of distributing intellectual rights to service-related products, including those created as a result of the joint creative activity of several persons are clarified, other conditions and criteria for vesting an invention, utility model, industrial design with a service-related character are determined. As a separate basis, a civil law contract is highlighted, which has essential importance in the implementation of service-related objects of patent law in the system of the Ministry of the Internal Affairs of Russia. The analysis of legal norms revealed the lack of the legally fixed list of the grounds for the initiation of service-related objects of patent law, and therefore a number of controversial issues arising in practice require additional clarification.
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- 2021
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9. A Study on Non-working of Patent Inventions under the Indian Patent Law
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Sun-Hee Yun
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Patent law ,General Engineering ,Business ,Law and economics - Published
- 2021
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10. Protection of patent law objects, created by artificial intelligence (AI) technologies
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Vasyl Parasiuk, Nataliia Parasiuk, Alona Dutko, Oksana Stasiv, and Olha Pavlyuk
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Convention ,Engineering ,business.industry ,Patent law ,Novelty ,General Earth and Planetary Sciences ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Patentability ,Context (language use) ,Artificial intelligence ,business ,Research process ,General Environmental Science - Abstract
The aim of the article is to solve the scientific problem of outlining the issue of protection of patent law objects created using artificial intelligence technologies, and to establish whether it is possible to recognize artificial intelligence technologies as inventor at the present stage of development of legal systems. Philosophical, comparative-legal and system-structural methods were used in the research process. Based on the analysis of the European Patent Convention, the main generally accepted conditions of patentability of the invention are determined: novelty, inventive step, industrial applicability. It has been established that inventions created by artificial intelligence technologies will meet such criteria provided that certain requirements are met. In the context of the study, the case of the invention of artificial intelligence «DABUS» is analyzed and the results of its consideration in the European Patent Organization, the United Kingdom and the United States are summarized. In particular, it has been established that artificial intelligence technologies are currently not considered as inventors in either the Romano-Germanic or Anglo-Saxon legal systems.
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- 2021
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11. Accumulation by dispossession and African seeds: colonial institutions trump seed business law
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Lodewijk Van Dycke
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seed laws ,sub-Saharan Africa ,accumulation by dispossession ,Cultural Studies ,Intellectual property ,Patent law ,Commercial law ,Global South ,Colonialism ,Arts and Humanities (miscellaneous) ,Development studies ,Anthropology ,Accumulation by dispossession ,Political economy ,Political science ,Patents on agrobiotechnology ,plant variety protection - Abstract
Since 1980, seed business law (patent law vis-à-vis agrobiotechnology, PVP law and seed laws) has been mainstreamed in the global South. Observers maintain that seed business law can lead to dispossession of farmers. I analyse legislation, statistics and case studies (Senegal, Burkina Faso), and argue that in African LDCs, dispossession primarily takes place through capturing seed markets via institutions for direct control over seed distribution. Domestic elites and (global) seed businesses preferably control germplasm via marketing boards, seed subsidies and other former colonial rural institutions. Seed business law, therefore, remains largely disused. ispartof: Journal Of Peasant Studies vol:48 pages:1-32 status: Published online
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- 2021
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12. The Correlation between Copyright and Patent Forms of Industrial Design Protection
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Scope (project management) ,Intersection ,Industrial design ,Patent law ,Political science ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,General Medicine ,Intellectual property ,Mutually exclusive events ,Intellectual rights ,Law and economics ,Task (project management) - Abstract
Most legal orders establish several forms of design protection that are not mutually exclusive. At the same time, the intersection of legal regimes gives rise to a number of practical and doctrinal problems related to the determination of the scope of the author’s and rightholder’s rights, the unfair behavior of participants in civil transactions, and the erosion of the institutional purpose of intellectual property objects. The main task of the study is to draw a meaningful border between the two forms of protection of industrial design objects. The paper elucidates the basic concepts of understanding an industrial design, the functions and features of the activity under consideration, the relationship with the category of "art," examines the formation and development of legal thought about the relationship between copyright and patent forms of protection of the results of artistic design. It is concluded that it is necessary to make proposals and recommendations to eliminate unfair practices in the exercise of the right to protect the results of creative activity under consideration.
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- 2021
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13. AmakaVanni, Patent Games in the Global South: Pharmaceutical Patent Law‐Making in Brazil, India and Nigeria, Oxford: Hart Publishing, 2019, 240 pp, £29.69
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Rahul Bajaj
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Publishing ,business.industry ,Political science ,Patent law ,Economic history ,Global South ,business ,Law - Published
- 2021
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14. Creative Machines, Orphan Inventions: AI and the concept of inventor at the EPO
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Nordberg, Ana, Karlsson-Tuula, Marie, Nordell, Per Jonas, Papadopoulou, Frantzeska, and H. Persson, Annina
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Private law ,Patent law ,Patententability of AI ,Civilrätt ,AI inventions ,Concept of inventor ,Patenträtt ,AI & patent law ,Law - Abstract
In 2018, an AI system named by its creator DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was credited by its creator to have independently invented a neural flame and a fractal container. According to its creator, DABUS is a ‘sentient artificial general intelligence can replicate all aspects of human cognition, including perception, creativity, consciousness, and sentience’ and these creative machines are capable of having ‘subjective feelings about their cognitive products.’ (Thaler, 2021). This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law raised by this case. Several decisions concerning the DABUS case have also been issued at national level, a few will be very briefly analyzed to provide context to the ensuing discussion on de lege ferenda proposals for legislative interventions regarding orphan inventions.
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- 2022
15. The Development of Exhaustion Doctrine in U.S. Patent Law and the Supreme Court’s Impression Products Decision
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Joo Hwan Lee
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Political science ,Patent law ,media_common.quotation_subject ,Law ,Doctrine ,Supreme court ,media_common - Published
- 2021
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16. A Exposição Universal de Viena de 1873 e o Congresso Internacional sobre Patentes
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Leandro Miranda Malavota and Mônica de Souza Nunes Martins
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Capitalist development ,Appropriation ,Property (philosophy) ,Incentive ,Political science ,Patent law ,Subject (philosophy) ,Industrial property ,Making-of ,Law and economics - Abstract
O artigo propõe uma reflexão sobre tecnologia e propriedade na segunda metade do Oitocentos, observando-se a construção de mecanismos de apropriação tecnológica em uma nova etapa do desenvolvimento capitalista. Durante a Exposição Universal de Viena, em 1873, foi promovido o Congresso Internacional sobre Patentes, primeiro evento de grande porte exclusivamente voltado à temática. Os debates ali produzidos tenderam a ratificar as funções cumpridas pelas patentes como ferramentas de proteção, recompensa e incentivo à inovação, defendendo-se a padronização dos conceitos, requisitos e procedimentos adotados de país a país e estimulando-se a adoção de uma legislação internacional unificada.
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- 2021
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17. Revisiting the working of patent requirements under Indian patent law
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Pratik Prakash Dixit
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Patent law ,Business ,Intellectual property ,Law ,Law and economics - Abstract
This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach suggests that the rights of the patentee must be reconciled with the interests of the general public. In such pursuance, this article argues that there is a need to recalibrate the patent working requirement under the Indian law to strike a right balance between the rights of the patentee and the public interest. Particularly, this article argues that India must modify the present patent working disclosure requirements to ensure that foreign patentees are able to do business in India without bureaucratic hassles.
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- 2021
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18. Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. Walker, 1935–1946
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Gerardo Con Diaz
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History ,Materiality (auditing) ,060106 history of social sciences ,business.industry ,Patent law ,05 social sciences ,Art history ,06 humanities and the arts ,Petroleum industry ,Political science ,0502 economics and business ,Business, Management and Accounting (miscellaneous) ,0601 history and archaeology ,business ,050203 business & management - Abstract
This article examines a patenting conflict between the Halliburton Oil Well and Cementing Company and an independent inventor named Cranford Walker. It argues that Halliburton’s effort to lower the barriers to entry into the oil well depth measurement industry facilitated the re-emergence of materiality as a pre-condition for the patent eligibility of inventive processes. In 1941, Walker sued Halliburton for infringement of three of his patents, and Halliburton responded with an aggressive defense aimed at invalidating them. Over the next five years, the courts handling this conflict adopted very narrow legal theories developed during the Second Industrial Revolution to assess the patent eligibility of inventions that involved mental steps—processes such as mathematical computations, which people can perform in their minds. The resulting legal precedent cleared the path for Halliburton’s short-term industrial goals and continued to shape patent law for the rest of the century.
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- 2021
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19. ¿Sueñan los androides con derechos eléctricos? Los desafíos de la inteligencia artificial creativa a las reglas de propiedad intelectual
- Author
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Julián Rotenberg
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propiedad intelectual ,economic regulation ,international trade ,technology ,tecnología ,Pharmaceutical Science ,comercio internacional ,patentes ,derecho internacional económico ,Political science ,derechos de autor ,artificial intelligence ,intellectual property ,copyrights ,regulación económica ,international economic law ,inteligencia artificial ,patent law - Abstract
Este artículo presenta una intersección entre la tecnología y el derecho analizada a través de una discusión altamente relevante para el desarrollo del derecho económico internacional en la próxima década: el impacto de la inteligencia artificial (IA) creativa sobre las reglas de propiedad intelectual (PI). Las habilidades y aplicaciones cada vez más significativas de la IA desafían a la regulación de las actividades tradicionalmente reservadas a humanos y obligan a un ejercicio de (re)evaluación de la técnica jurídica y los fundamentos detrás de esas estructuras regulatorias. La regulación de la pi presenta una combinación particular de derecho internacional y derecho local, compuesta por tratados internacionales generales y otros de contenido más específico, leyes nacionales, y normas infralegales como regulaciones administrativas o acuerdos interagencias. El artículo tiene dos ejes centrales. Por un lado, presenta el entramado regulatorio de la pi para mostrar los distintos niveles en que las discusiones actuales pueden dar lugar a modificaciones concretas; por el otro, introduce el concepto de IA creativa y las formas en que impacta en los fundamentos teóricos y jurídicos de la protección de la PI. Explorar la forma en que se plantea la discusión sobre la protección de la PI “artificial” y los modos en que podrían modificarse las normas que la regulan puede proporcionar un marco relevante para encarar discusiones sobre otras cuestiones que puedan surgir de aquí al 2030 This article presents an intersection between technology and law analyzed through a discussion that is highly relevant for the development of international economic law during the next decade: the impact of creative artificial intelligence (AI) on the rules of intellectual property (IP). The capabilities and applications of AI are growing and challenging the regulation of activities that were traditionally reserved to humans, forcing an exercise of (re) evaluation of the legal technique and the foundations of those regulatory structures. The regulation of IP presents a very particular combination of international and local law, comprising general and more specific international treaties, national laws, and infra-legal rules such as regulations or interagency mechanisms. The article has two main focuses. On the one hand, it presents the general structure of IP regulation in order to show the different levels in which current discussions may give rise to concrete changes; on the other hand, it introduces the concept of creative AI and the ways in which it impacts on the theoretical and legal foundations of IP protection. In this way, exploring the how the discussion on “artificial” IP is framed and the modes in which legal rules may be changed offers a relevant framework to face discussions on other issues that may arise between today and 2030
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- 2021
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20. Artificial intelligence in healthcare: possibilities of patent protection
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Yu. V. Blokhina and T. N. Erivantseva
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0301 basic medicine ,Computer science ,invention ,the results of intellectual activity ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,RM1-950 ,Clinical decision support system ,03 medical and health sciences ,0302 clinical medicine ,computer program ,Health care ,030212 general & internal medicine ,HB71-74 ,Pharmacology ,patent law ,business.industry ,Health Policy ,Patent law ,copyright ,industrial model ,Public Health, Environmental and Occupational Health ,artificial intelligence ,Process automation system ,clinical decision support system ,Economics as a science ,030104 developmental biology ,Legal protection ,Key (cryptography) ,Therapeutics. Pharmacology ,Artificial intelligence ,business ,Patent system - Abstract
The article provides an overview of the advantages and issues associated with the use of artificial intelligence (AI) and machine learning (ML) in medicine. Based on the analysis of scientific publications, the leading healthcare areas using AI and ML have been identified. The applied problems that modern technologies allow to solve are described, as well as the goals that can be achieved using such technologies. The legal protection issues of technologies using AI are highlighted. A comparison is given of the key aspects of copyright and patent law, and the advantages of patent law and comprehensive patent protection of technologies for process automation in healthcare are presented. The possibilities of complex patent protection and its strategy in the leading areas of AI use in healthcare are considered on specific examples.
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- 2021
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21. HAK ATAS KEKAYAAN INTELEKTUAL, HAK MEREK, RAHASIA DAGANG, DAN PELANGGARAN HAK MEREK DAN RAHASIA DAGANG SERTA HAK PATENT (LITERATUR REVIEW ARTIKEL
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Yuliana Maulidda Hafsari
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Legal protection ,Political science ,Law ,Patent law ,Developing country ,Intellectual property ,Traditional knowledge ,Economic benefits - Abstract
Indonesia as a developing country that is rich in natural, artistic and cultural resources has a variety of traditional knowledge that requires legal recognition and protection that is able to maintain the ownership of traditional knowledge as the nation's internationally recognized work. Regulations in the case of intellectual property rights, particularly the patent law, aim to provide legal protection for the invention of intellectual works to the inventors and provide economic benefits for the results of their inventions. However, the patent law which adopts IPR in developed countries in its implementation, has not been able to provide recognition and protection to traditional knowledge optimally. This is due to differences in the concept of intellectual property rights that are exclusive, and individuals with traditional knowledge that have traditional, communal and open characteristics. The lack of public understanding of IPRs as well as inadequate mastery of technology and minimal budget are also obstacles to traditional patenting of knowledge. Pemerintah RI mengundangkan UU No.21 Tahun 1961 tentang merek perusahaan dan merek perniagaan ( UU merek 1961 ) untuk menggantikan UU merek kolonial Belanda. UU merek 1961 merupakan undang-undang indonesia pertama di bidang HAKI. Berdasarkan pasal 24, UU No.21 Tahun 1961 , yang berbunyi “ Undang-undang ini dapat disebut undang-undang merek 1961 dan mulai berlaku satu bulan setelah undang-undang ini diundangkan “. Undang-undang tersebut mulai berlaku tanggal 11 November 1961. Penetapan UU merek 1961 dimaksudkan untuk melindungi masyarakat dari barang-barang tiruan/bajakan.
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- 2021
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22. HUMAN INVENTORSHIP IN EUROPEAN PATENT LAW
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Eva Stanková
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0303 health sciences ,03 medical and health sciences ,0302 clinical medicine ,Statutory law ,Patent law ,Patentability ,Business ,Invention ,Law ,030217 neurology & neurosurgery ,030304 developmental biology ,Law and economics - Abstract
This article uses the advancements in artificial intelligence as the starting point for consideration of the role of human inventorship in European patent law. It argues that human inventorship is a necessary condition for the existence of an invention and inventive step, with the result that only products of human inventorship merit European patents. It identifies failings of European authorities to reflect this adequately in their approaches to determining patentability. Finally, it recommends recognising human inventorship as an implicit patentability requirement being an aspect of the statutory requirements for an invention and inventive step and extending applicant's disclosure duties correspondingly.
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- 2021
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23. Combined mechanisms of legal protection of software in cross-border business activities
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Software ,Legal protection ,Complementary and alternative medicine ,Risk analysis (engineering) ,business.industry ,Order (business) ,Patent law ,Pharmaceutical Science ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Pharmacology (medical) ,Business ,Business activities ,Intellectual property - Abstract
In this article, the author examines the legally established mechanisms of legal protection of software rights available to entrepreneurs engaged in cross-border business activities. The author conducted an analysis of existing legal acts, including international treaties, establishing different egimes of legal protection of software rights. The author highlights the pros and cons of each of the available mechanisms of legal protection of software rights. The article reveals the main aspects of software as an object of intellectual property that are subject to protection by each of the considered mechanisms of legal protection available to right holders. In order to determine the features of different types of software and its impact on the mechanism of legal protection of software to be chosen, the author provides a classification of software types depending on the functionality, goals and methods of using and distribution of specific software. In order to minimize the disadvantages of existing mechanisms of legal protection and to ensure the protection of the most valuable features of a specific software, the author proposes combined mechanisms of legal protection that are of practical importance for ensuring comprehensive protection of software rights in cross-border business activities.
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- 2021
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24. India’s Traditional Knowledge Digital Library and the Politics of Patent Classifications
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Martin Fredriksson
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Sociology of scientific knowledge ,Knowledge management ,databases ,patent classification ,India ,Safeguarding ,Documentation ,Political science ,Traditional knowledge ,International Patent Classification ,Misappropriation ,0505 law ,050502 law ,business.industry ,05 social sciences ,Digital library ,Juridik och samhälle ,3. Good health ,Patent law ,Law ,traditional knowledge ,Philosophy of law ,0509 other social sciences ,Law and Society ,050904 information & library sciences ,business - Abstract
This article analyzes India’s Traditional Knowledge Digital Library (TKDL) as a potential intervention in the administration of patent law. The TKDL is a database including a vast body of traditional medical knowledge from India, aiming to prevent the patenting and misappropriation of that knowledge. This article contextualizes the TKDL in relation to documentation theory as well as to existing research on the uses of databases to protect traditional knowledge. It explores the TKDL’s potential consequences for India’s traditional medical knowledge and the wider implications that traditional knowledge databases can have for the safeguarding of traditional knowledge in general. The article concludes that on the one hand the TKDL bridges the gap between the main branches of Indian traditional medicine and the formal knowledge system of International Patent Classifications. Furthermore, it has also inspired revisions of the International Patent Classification system, which makes it better adapted to incorporate traditional medical knowledge. On the other hand, critical research on traditional knowledge documentation argues that traditional knowledge databases, like the TKDL, can decontextualize the knowledge they catalogue and dispossess its original owners. The TKDL, however, also fits into a national, Indian agenda of documenting and modernizing traditional medicine that predates the formation of the TKDL by several decades and challenges the dichotomy between traditional and scientific knowledge systems that originally motivated the formation of the TKDL. Funding: European Research Council (ERC) under the European UnionEuropean Research Council (ERC) [741095-PASSIMERC-2016-AdG] Passim: Patents as Scientific Information 1895-2020
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- 2021
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25. SARS-CoV-2 and Patent Activity
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I B Nikitina and E A Smirnova
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2019-20 coronavirus outbreak ,Coronavirus disease 2019 (COVID-19) ,SARS-CoV-2 ,Patent law ,Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) ,Keywords: patent law ,invention ,coronavirus ,Reviews ,General Medicine ,Biology ,Microbiology ,Infectious Diseases ,Virology ,Genetics ,Patent activity ,Molecular Biology ,Law and economics - Abstract
The article provides information on the patent activity of inventors in relation to applications for inventions related to coronaviruses, in particular, to SARS-CoV-2. The presence of a steady interest in this topic for the period 1996–2020 is illustrated. It is indicated what objects of patent law can be inventions related to vaccines.
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- 2021
26. Looking at Patent Law: Patenting an Electrochemical Nondestructive Corrosion Evaluation System for Ships, Buildings, and Bridges – A Case Study
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E. Jennings Taylor and Maria Inman
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Engineering ,Evaluation system ,business.industry ,Patent law ,Electrochemistry ,business ,Civil engineering ,Corrosion - Abstract
In this installment of the “Looking at Patent Law” articles, we present a case study of a system for nondestructive evaluation (NDE) of corrosion on ships, buildings, and bridges. We have chosen this invention to align with the focus of this issue of Interface on the ECS Corrosion Division.
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- 2021
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27. Improving the practice of Competitive Strategies for the protection of Intellectual Property: the law and economics approach
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Vladlena Lisenco
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media_common.quotation_subject ,Social Sciences ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Foreign direct investment ,Intellectual property ,technology rights ,Political science (General) ,Competition (economics) ,State (polity) ,innovative development ,Political science ,Industrial organization ,media_common ,H1-99 ,patent law ,Human rights ,copyright ,international agreements ,Single market ,intellectual property ,Economic union ,Social sciences (General) ,foreign investment ,competition: innovative development ,Innovation economics ,Business ,competition ,JA1-92 - Abstract
The article contains analyze of the legal regulation of the protection of intellectual property rights and practice of competitive strategies for the protection of intellectual property using best legal practices of EU countries and Eurasian Economic Union. Legal confirmation of intellectual property right, in fact, means that the state realizes the importance of culture and progress for the preservation and development of society. Protection of the results of creativity, intellectual activity is associated with the protection of individual freedom, human rights. The features of the competitive environment and competitive mechanism in the innovation economy has been analyzed as well as influence of competition on the behavior of economic agents in the innovative economic system. The paper includes analyzes the logic and economics of non-competitive behavior of companies and states in the EU single market and examines the functions of the Directorate of the European Commission for Competition. The EU competition policy tools are flexible and that they take into account the most diverse interests of the single market. The policy of the Eurasian Union as a whole is aimed at the implementation by the member states of measures in competitive policy and contributes to the launch of joint research and industrial projects, allows to increase the competitiveness of products, reduce production costs, ensure joint access to the external market.
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- 2021
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28. The Human Patent: What Intellectual Property Rights Does an Individual Have in Their Own Genetic Material, and What Are the Global Biosecurity Implications?
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Christopher Chukwuemeka Egbunike
- Subjects
Property rights ,Patent law ,Biosecurity ,Privacy rights ,Business ,Intellectual property ,Law and economics - Abstract
Under United States patent law, the landmark Supreme Court decision in Diamond v. Chakrabarty established the patentability of human-made life forms, except for those encompassing a human organism. The America Invents Act of 2011, and decisions from lower courts such as Moore v. Regents of University of California, reaffirm the unpatentability of human organisms and limit an individual’s rights to their own genetic material. Prior to Association for Molecular Pathology v. Myriad Genetics, Inc, which struck down the patentability of human genes as well, the decision in Diamond led to the proliferation of gene patents and the growth of the global biotechnology market. While the debate over the patenting of human genetic material, and individual rights, rages on, DNA-gathering companies such as 23andMe and Ancestry.com routinely utilize their customer’s genetic material for multi-million dollar pharmaceutical research. This research not only raises ethical concerns, but can also pose a potentially dangerous biosecurity threat based on the many ways this genetic material can be used to target individuals, groups, and nations.
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- 2021
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29. Avoiding hindsight in non-obviousness determination: case law review of pharmaceutical patents and guidance from the KSR v Teleflex decision
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Mohan Gopalkrishna Kulkarni and Sivakami Dhulap
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Pharmacology ,Drug Industry ,Patent law ,Common law ,General Medicine ,Legislation, Drug ,History, 21st Century ,Outcome (game theory) ,United States ,Patents as Topic ,Bias ,Pharmaceutical Preparations ,Drug Discovery ,Economics ,Humans ,Supreme Court Decisions ,Hindsight bias ,Law and economics - Abstract
Introduction: Hindsight bias is the tendency to estimate an outcome once it is known. Legal systems are often prone to hindsight bias. In patent law, the non-obviousness or inventive step is the mo...
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- 2021
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30. A Study on the Prior User Rights System under the Patent Law
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Yong-sun Cho
- Subjects
Patent law ,Business ,Law and economics - Published
- 2021
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31. Willful Infringement Under U.S. Patent Law
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Won Bok Lee
- Subjects
Law ,Political science ,Patent law - Published
- 2021
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32. Abuse of patent law in the pharmaceutical field through the issuance of 'evergreen patents': problems and legislative initiatives
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Valeriya Dunay and Lyubov Meniv
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Field (Bourdieu) ,Patent law ,Legislature ,Business ,Evergreen ,Law and economics - Abstract
The article is devoted to the issues of abuse of patent rights in the pharmaceutical field through the issuance of "evergreen patents" and the consequences of such infringements. In modern realities, life poses serious challenges to medicine, in particular, the preservation of man as a species and the search for new formulas for cures for existing diseases. Therefore, each country faces the task of improving existing technologies that will make human life easier. In this context, an important tool is the regulatory framework as a regulator of public relations. Ukrainian law and international treaties provide conditions for the legal protection of intellectual property, but in the field of medicine and pharmacy, the objects of the invention acquire a slightly different meaning, becoming in the hands of unscrupulous innovators a tool for speculation. This state of affairs leads to the monopolization of leading pharmaceutical companies, restricting people's access to appropriate drugs or services, slowing down economic development and scientific and technological progress in Ukraine. We analyzed the provisions of the Law of Ukraine "On Protection of Rights to Inventions and Utility Models" on the issuance of compulsory licenses, namely the procedure for obtaining them in the context of the global coronavirus pandemic. Legislative initiatives on the regulation of intellectual property in the field of pharmacy are considered. In particular, it concerns the conditions of patentability of medicines and the possibility of appealing a patent application by any person whose rights have been violated. In addition, the range of issues that need to be refined to ensure the transparency of the procedure for obtaining a patent for a medicinal product, the impossibility of abuse of patent rights and market entry of new, more affordable drugs.
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- 2021
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33. Aspects of Compulsory Licensing in Patent Law
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Tamaz Urtmelidze and Miranda Gurgenidze
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Patent law ,Law ,Business - Abstract
This issue is not new in international patent law. However, this institution was abolished in the Georgian legislation in 2010-2017 and its re-formulation has become active after it was put in the agenda in accordance with the provisions of Chapter IV (Intellectual Property Rights) of Chapter 4 (Intellectual Property Rights) between Georgia and the European Union and the European Union and their Member States. The necessity of fulfilling the undertaken liabilities and to bring the Georgian legislation in line with the above-mentioned agreement, as well as the aspects related to the intellectual property rights trade (TRIPS) and the EU legislation. The presented scientific article Aspects of Compulsory Licensing in Patent Law concerns with a topical issue such as mandatory licensing of a patented invention and / or utility model within the territory of Georgia without the permission of patent owner, which combines the principles of compulsory licensing, as well as the mentioned licensing procedures and procedure for issuing the compensation to the patent holder. The authors have studied the issues of compulsory licensing in Georgian patent law in this article, as well as the international agreements related to the issue of compulsory licensing themes. The introduction reviews the exclusive rights of the patent holder and the grounds for restricting those rights. The first chapter provides a legal analysis of the international agreements where we find the regulatory norms for involuntary / compulsory licensing of patents. The authors discuss the issues of compulsory licensing in the Georgian patent system in the second chapter. This problem is very relevant, interesting and innovative from the legal point of view, because with the issue of compulsory licensing, the rule of granting compensation to the patent owner is activated, which in itself is related to his property rights, and finally the main directions of the compulsory license that we find in the international patent and national system are reconciled and summarized.
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- 2021
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34. Jaray, patents as global property
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van der Velden, B.D. and Meder, Stephan
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patent law ,legal history ,car design - Published
- 2022
35. The Challenges and Innovation of Patent Law in the AI Era - Centering around the Legal Status of AI-generated Inventions
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Kwangnam Kim
- Subjects
Legal status ,Political science ,Patent law ,Law and economics - Published
- 2021
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36. Pharmaceutical Patent Term Compensation System in China—Centered on Article 42(3) of the Amendment to the Patent Law of the People's Republic of China
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Luo Ningning and Peng Feirong By
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Patent law ,Compensation (psychology) ,Law ,Political science ,People's Republic ,Management, Monitoring, Policy and Law ,China ,Biotechnology ,Term (time) - Published
- 2021
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37. Patent Law and Climate Change – Do We Need an EU Patent Law Directive on Clean Technology?
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Christian Heinze
- Subjects
business.industry ,Patent law ,Climate change ,Business ,International trade ,Clean technology ,Directive - Abstract
With the fight against climate change high on the EU’s political agenda, it seems timely to discuss the possible impact of climate change policies on intellectual property. The following article sketches the relationship between patent law and climate change and provides a catalogue of possible interventions in patent law that could be considered in the fight against climate change. Without attempting to give definite answers, a cautious approach is suggested. This could include minor adjustments such as a clarification of the relevance of environmental damage for the assessment of the ordre public exclusion and of environmental benefits for the assessment of inventive step. It could also see the introduction of fast-track prosecution procedures for climate-friendly inventions (or environmentally-friendly inventions in general) in patent offices where such procedures are not available, and a clarification of the effect of industry agreements to improve the environmental performance of equipment for the context of patent infringement disputes.
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- 2021
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38. The Trend of the Trial Court’s Decision on Enhanced Damages in the U.S. Patent Law after the U.S. Supreme Court’s Halo Decision and Implications of Domestic Patent Law
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Joo Hwan Lee
- Subjects
Political science ,Patent law ,Law ,Damages ,Patent infringement ,Punitive damages ,General Medicine ,Trial court ,Supreme court - Published
- 2020
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39. Patent Games in the Global South: Pharmaceutical Patent Law-Making in Brazil, India and Nigeria
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Titilayo Adebola
- Subjects
business.industry ,Patent law ,Political science ,Economics, Econometrics and Finance (miscellaneous) ,Global South ,International trade ,business ,Law - Published
- 2020
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40. Looking at Patent Law: Patenting a Methane Conversion Process – A Case Study
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E. Jennings Taylor and Maria Inman
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chemistry.chemical_compound ,chemistry ,Scientific method ,Patent law ,Electrochemistry ,Business ,Methane ,Industrial organization - Abstract
In this installment of the “Looking at Patent Law” articles, we present a case study of an elevated temperature methane conversion process. We have chosen this invention to align with the focus of this issue of Interface on the High-Temperature Energy, Materials, & Processes (H-TEMP) Division of The Electrochemical Society.
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- 2020
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41. When the Invented Becomes the Inventor: Can, and Should AI Systems be Granted Inventorship Status for Patent Applications?
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Lindsey Whitlow
- Subjects
Engineering ,Trademark ,Emerging technologies ,business.industry ,media_common.quotation_subject ,Patent law ,European patent office ,Intellectual property ,State (polity) ,Patent system ,business ,media_common ,Ai systems ,Law and economics - Abstract
Artificial Intelligence (“AI”) systems have become vastly more sophisticated since the term was first used in the 1950s. Through the advent of machine learning and artificial neural networks, computers utilizing AI technology have become so advanced that a team of attorneys in the United Kingdom claim that their AI machine, DABUS, actually created patentable inventions. The team went so far as to file patent applications with the European Patent Office,the UK Intellectual Property Office, and the US Patent and Trademark Office. All applications named DABUS as the inventor. This sparked a heated debate within academic and legal communities that centered around whether AI can be an inventor, and, if so, what this might mean for the current state of patent law. This paper discusses the purposes of patent law through a brief look at its history, in an effort to highlight why patent law as it stands may no longer be one- size-fits-all. It considers the evolution of AI systems to explain how one might determine that a machine could be “creative” and therefore justifiably named as inventor. It surveys popular opinions and organizes them on a spectrum ranging from those who believe that patent law should stay as it is and that AI cannot be an inventor, to those who, more dramatically, advocate for the abolition of patent protection for AI inventions. This paper suggests that legislators be proactive in traversing this technological minefield rather than reactive, as technology will continue to outpace, and trample, law if left to its own machinations.
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- 2020
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42. Discrimination against Foreigners: The Wuerttemberg Patent Law in Administrative Practice
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Sibylle Lehmann-Hasemeyer and Jochen Streb
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Economics and Econometrics ,History ,Government ,060106 history of social sciences ,media_common.quotation_subject ,Patent law ,05 social sciences ,Economics, Econometrics and Finance (miscellaneous) ,Mistake ,06 humanities and the arts ,Intellectual property ,language.human_language ,German ,State (polity) ,Service (economics) ,0502 economics and business ,language ,0601 history and archaeology ,Business ,050207 economics ,media_common ,Law and economics - Abstract
Economists stress the leading role that inclusive institutions play among the various factors that foster a country’s economic growth. In this article, we show that it might be misleading to mistake the codification of a formal rule for its effective administrative implementation. As the case of the German state Wuerttemberg demonstrates, a government’s lip service to the principle of equal treatment does not guarantee that the local patent authority refrains from discriminating against foreign patenteesbycharging comparatively high patent fees. We conclude that the introduction of a stringent and formally fair patent law alone does not guarantee that foreign inventors’ intellectual property rights are protected as well as those of the domestic patentees.
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- 2020
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43. No Need for ‘Plausibility’ in German Patent Law
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Markus Ackermann
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German ,Patent law ,language ,Business ,language.human_language ,Law and economics - Abstract
In the case law of the Boards of Appeal of the European Patent Office (EPO), increasing importance is being attached to the concept of ‘plausibility’, which, however, has no literal basis in the EPC. Nevertheless, many decisions in which inventive step (Art. 56 EPC) is assessed address the question of whether the claimed solution was at least ‘plausible’ at the effective date. For medical use claims, a ‘plausibility test’ is even performed for assessing sufficiency of disclosure (Art. 83 EPC). Starting from this example, the following article shows why German patent law does not need ‘plausibility’.
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- 2020
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44. Looking at Patent Law: Patenting a Trivalent Chromium Plating Invention: Obviousness Rejections – Not So Obvious
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Maria Inman and E. Jennings Taylor
- Subjects
Chromium ,Materials science ,chemistry ,Plating ,Patent law ,Metallurgy ,Electrochemistry ,chemistry.chemical_element - Abstract
In this installment of the “Looking at Patent Law” articles, we discuss obviousness rejections in view of a case study of a trivalent chromium plating invention. We have chosen this invention to align with the sustainability focus of this issue of Interface. The article begins with a brief review of obviousness followed by a brief description of the trivalent plating invention. The article concludes with a case study of the inventions/patent applications related to the trivalent plating process with a focus on the obviousness rejections.
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- 2020
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45. Gendered ‘Objective’ Patent Law: Of Binaries and a Singularity
- Author
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Lai, Jessica
- Subjects
History ,Polymers and Plastics ,Sociology and Political Science ,160299 Criminology not elsewhere classified ,Interpretation (philosophy) ,Patent law ,FOS: Law ,Social constructionism ,Industrial and Manufacturing Engineering ,FOS: Sociology ,Terminology ,Singularity ,Sociology ,Wealth distribution ,Affect (linguistics) ,Business and International Management ,Law ,Law and economics - Abstract
© 2020 The Author. Journal of Law and Society © 2020 Cardiff University Law School Patent law protects the technical. It is seemingly objective in terminology and application. Yet studies show that males are significantly more likely than females to be the inventors of patented inventions. Patenting is not objective, it is gendered. The reasons for this are multiple and include the fact that patent law itself, including its presumptions and interpretation, is gendered. This article examines how patent law reflects multiple gendered binaries, despite being drafted in ostensibly neutral terms. These serve to favour masculine modes and fields of creation, while ignoring and devaluing feminine knowledge and ways of knowing. We should be concerned that patent law is gendered because patents affect wealth distribution, what is invented and commercialized, and what information and knowledge is disseminated, built upon, and viewed as valuable. Thus, instead of embodying gendered binaries, the law should reflect a singularity – a unique point, where the system degenerates or diverges to recognize and encourage the multiplicity of ways in which invention and innovation can and do occur, beyond socially constructed binaries.
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- 2020
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46. Hak paten sebagai objek jaminan fidusia berdasarkan peraturan perundang-undangan mengenai jaminan fidusia dan paten
- Author
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Herda Mardiana, Pupung Faisal, and Muhamad Amirulloh
- Subjects
Collateral ,Patent law ,Legislation ,K1-7720 ,Fiduciary ,patent ,Law in general. Comparative and uniform law. Jurisprudence ,Law ,credit, bank ,Legal certainty ,Business ,Paragraph ,Patent system ,guarantees, fiduciary - Abstract
The issuance of the latest law regarding patent rights is Law Number 13 Year 2016 Regarding Patents which in article 108 paragraph (1) states that Patent Rights can be used as objects of fiduciary security. Fiduciary guarantees of patents will follow the procedures set out in Law Number 42 year 1999 regarding Fiduciary Guarantees. Patents have fulfilled the requirements specified in Article 1 point 2 of the Fiduciary Guarantee Law, but in practice until now the financial institutions in Indonesia have not received patents as objects of fiduciary collateral in filing bank loans. Normative-juridical approach methodsis used in this research, with descriptive-analytical research spesifications aimed at consideringrelation between applicable legislation and theories with the practice of implementation concerning the problems studied. Data technique used in this research is analyzed by using normative-qualitative method. The results of the study state that until now financial institutions in Indonesia have not yet received patents as fiduciary guarantees because peten rights as fiduciary guarantees have not received legal certainty because the formulation of the norms contained in Article 108 paragraph (1) of the Patent Law only regulates and does not compel.DOI: https://doi.org/10.26905/idjch.v11i2.4094.
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- 2020
47. A Study on Main Issues Relating to Patent Law for Protection of Data Sets Training Artificial Intelligence
- Author
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Gyooho Lee
- Subjects
Computer science ,Patent law ,Data science ,Training (civil) ,License - Published
- 2020
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48. The Constitutional Issues and Future Tasks related to North Korea’s Intellectual Property and Science-technology System
- Author
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Lee kyu-hong
- Subjects
Unification ,Constitution ,Patent law ,media_common.quotation_subject ,Political science ,Technology system ,Copyright law ,Intellectual property ,Law and economics ,media_common - Published
- 2020
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49. From the PHOSITA to the MOSITA: Will 'Secondary Considerations' Save Pharmaceutical Patents from Artificial Intelligence?
- Author
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Daniele Fabris
- Subjects
Power (social and political) ,business.industry ,Patent law ,Common law ,Big data ,Political Science and International Relations ,Patentability ,Legislature ,Business ,Artificial intelligence ,Intellectual property ,Law - Abstract
Artificial intelligence systems are being increasingly employed in pharmaceutical R&D to develop new drugs and medical treatments. In such a scenario, the patentability of new pharmaceutical inventions seems more and more problematic, given that the computational power of AIs increases the likelihood that a new chemical composition is deemed to be obvious. In this article I argue that with the advent of AI- generated inventions both EU and US patent law cannot rely exclusively on the traditional standard of the “person having ordinary skill in the art” to evaluate the non-obviousness condition of patentability. However, I also maintain that a legislative reform is not necessary. Rather, the judges should start to more strongly consider the so-called “secondary considerations” of non-obviousness that have been intermittently and inconsistently applied both in US and EU case-law.
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- 2020
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50. Patent Applicant's Duty of Disclosure [Patent Reviews]
- Author
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Art MacCord
- Subjects
Materiality (auditing) ,Trademark ,media_common.quotation_subject ,Patent law ,Energy Engineering and Power Technology ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,ComputingMilieux_GENERAL ,Patent application ,Control and Systems Engineering ,Patentability ,Business ,Electrical and Electronic Engineering ,Monopoly ,Duty ,Duty of disclosure ,media_common ,Law and economics - Abstract
Reports on a patent applicant's Duty of Disclosure requirements. Specifically, this states that the invention must satisfy certain requirements to be granted a patent. Among them are that the invention, as claimed in a patent application, must not describe what is known in, or be obvious from, the prior art. Another important criterion is that the invention must not have been on sale (which includes offers that are not accepted) more than one year before the filing date of the patent application. What happens when an applicant knows there is information about one of these invalidating events but still wants to get a patent? A patent applicant may not hide that information but must bring it to the attention of the U.S. Patent and Trademark Office (USPTO). This requirement is referred to as the duty of disclosure and has been part of the U.S. patent law for decades. The duty is to disclose information that is material to the patentability of the invention. The definition of materiality has varied through time, but currently, information is material if a patent examiner would not allow a claim if he or she knew about the omitted facts.
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- 2020
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