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'The insights offered in this book are not just theoretical but are grounded in practical applications that can significantly enhance the effectiveness and competitiveness of tourism enterprises. As the industry navigates its recovery and growth, the strategic use of intellectual property will be crucial in shaping its future'--

This book is a guide to translating the language of patents in view of avoiding costly translation errors. Errors that might hinder the examination process for granting patents, or that might make patents undefendable in a context of litigation.The 42 sections of this book each identify different provisions of the law for their relevance to translation. These provisions govern language uses, right down to the use of punctuation. Each of the sections present findings, both in terms of the relevant provisions identified, and their specific significance to translation. Exemplified translations focus on French and English, but when there is a consensus across Intellectual property systems, multilingual parallelism is highlighted. Wherever relevant, provisions of specific rules and regulations are presented and exemplified in the three official languages of the European Patent Office (EPO), English, French, and German and three official languages of the United Nations World Intellectual Property Organization (WIPO), English, French, and Spanish.Written by an experienced teacher, patent translator, and author of the blog, Patents on the Soles of Your Shoes, this is a rigorously researched, authoritative, and comprehensive guide for all professional translators working on patents, and for students and translators working in legal translation. Accompanying powerpoint slides including information on how to use this book in courses are provided here: Introduction to using Translating the language of Patents PowerPoints (PPT 185KB).

This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions. Key Features:Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English.Contextualises German SEP/FRAND case law from an international perspectiveExamines the competing approaches to SEP/FRAND issues in prominent jurisdictionsPresents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensingThis book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.

Der Vertrag über die internationale Zusammenarbeit auf dem Gebiet des Patentwesens macht es möglich, durch Einreichung eines „internationalen“ Patentantrags Patentschutz für eine Erfindung in jedem einer großen Zahl von Ländern gleichzeitig zu beantragen. Ein solcher Antrag kann von jedem, der Staatsbürger eines Vertragsstaates ist oder in einem Vertragsstaat ansässig ist, eingereicht werden.

El Tratado de Cooperación en materia de Patentes permite obtener protección por patente para una invención en muchos países al mismo tiempo mediante la presentación de una solicitud internacional de patente. Pueden presentar dicha solicitud los nacionales o residentes de los Estados Contratantes del PCT.

The Patent Cooperation Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an'international'patent application. Such an application may be filed by anyone who is a national or a resident of a Contracting State.

Innovation is a driver of competitive advantage and economic growth, with patent rights playing a critical supporting role. However, differential access to patent rights and relatively less participation in innovation can affect women and people from other historically underrepresented groups, thereby hindering progress and limiting the potential economic benefits generated by innovation. This paper reviews the global literature on these “diversity gaps”, identifies their key drivers, and documents international policies and initiatives that show promise in addressing them. Building upon Shapanka and Fechner (2018), it expands the geographic scope and reinforces the scientific basis of their analysis. The paper also provides recommendations for a wide range of stakeholders and offers insights for fostering more inclusive and equitable innovation ecosystems.

Il Trattato di cooperazione in materia di brevetti consente di richiedere la protezione di un brevetto per un'invenzione simultaneamente in un gran numero di Paesi depositando una domanda'internazionale'di brevetto. Tale domanda può essere depositata da chiunque abbia la nazionalità di uno Stato contraente del PCT o il domicilio in tale Stato.

Le Traité de coopération en matière de brevets permet de demander la protection d'un brevet pour une invention simultanément dans un grand nombre de pays en déposant une demande “internationale” de brevet. Une telle demande peut être déposée par toute personne qui a la nationalité d'un État contractant du PCT ou est domiciliée dans un tel État.

As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence.If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change.The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.

In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice. Comparing these jurisdictions at a micro-level, Zheng assesses the principle of proportionality that assists in the critical evaluation of the approaches used in the investigated legal solutions, namely the intellectual property approach and the unfair competition approach. Ultimately, Zheng suggests a general rule for dealing with unjustified threats of patent infringement, fitting into the legal framework of the Paris Convention.Championing an international perspective, Legal Responses to Unjustified Threats of Patent Infringement is an informative resource for students and scholars of law, specifically intellectual property law. Its instructive nature will also appeal to policy makers and legal practitioners in the field.

Antibodies have revolutionized medicine and biotechnology, and have become indispensable tools in therapy, diagnostics, analytics, and research. Therapeutic antibodies, for example, have become firmly established in the ranks of blockbuster drugs, currently accounting for about half of the top 10 best-selling medicines. At the same time, a body of case law dealing specifically with the patentability of antibody-related inventions and the enforcement of antibody patents has emerged in major jurisdictions. The, at times, significant divergences between different jurisdictions have been compounded by recent decisions in the United States, which have severely curtailed the possibilities to obtain broad antibody patents. It is therefore essential to understand how antibody inventions are assessed in different jurisdictions in order to secure an optimal patent protection and to successfully enforce such patents. This book provides practitioners with a comprehensive resource elucidating all aspects of the patenting of antibodies from initial drafting and prosecution to enforcement, using a country-by-country format. The updated and expanded Second Edition covers more than 30 of the most important IP jurisdictions worldwide – i.e., the European Patent Office, Belgium, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, the United States of America, Canada, Mexico, the Andean Community (Bolivia, Colombia, Ecuador, and Peru), Argentina, Brazil, Chile, China, India, Israel, Japan, Singapore, South Korea, Taiwan, Australia, and New Zealand. The 49 contributors to this book, all distinguished experts in this field, provide clear and practice-oriented advice on a range of topics including: • Which types of antibody inventions are patent-eligible? • Which types of functional and structural features are accepted for claiming antibodies? • What needs to be considered when defining antibodies in terms of their antigen, target affinity, binding specificity, epitope, competitive binding and other characteristics in relation to reference antibodies, as well as their effects on the target? • Which pitfalls must be avoided when defining amino acid sequences, chemical modifications or glyc

This open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe.

Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en

In'The Law of Intellectual Property,'Lysander Spooner embarks on a rigorous examination of the principles surrounding intellectual rights, proposing a revolutionary critique of prevailing legal paradigms. Written with Spooner's characteristic clarity and intellectual fervor, the work challenges conventional notions of copyright and patent, asserting that these systems often impinge upon individual creativity and freedom. Spooner's prose is sharp and meticulously reasoned, reflecting the influences of both Enlightenment thought and contemporary contemporary political philosophy, placing the work firmly within the traditions of classical liberalism. Lysander Spooner was an American political philosopher, abolitionist, and legal theorist whose convictions were deeply influenced by the libertarian ideals of individual rights and autonomy. His background in law, coupled with a profound commitment to justice and societal reform, motivated him to address issues of intellectual freedom. Spooner's advocacy for individualism and skepticism toward institutional power led him to question the justifications for intellectual property laws, catalyzing his explorations in this provocative text. This work is essential for readers interested in the intersections of law, ethics, and creativity. Scholars, writers, and intellectuals alike will find Spooner's arguments compelling and timely, encouraging a re-evaluation of how society values and protects intellectual contributions.'The Law of Intellectual Property'not only enriches our understanding of legal frameworks but also champions a philosophy that promotes innovation and personal freedom.

Patent Portfolio Management provides companies with an essential guide to improving the management of their patents. The clear and succinct advice in this book will empower IP and patent departments to audit and structure the patents they own, align the patent portfolio strategy with the business and R&D strategies, and ultimately extract the most value from the patent portfolio to maximise business potential. Providing a highly visual step-by-step guide to the patent cycle, from the raw invention stage through to transformation into a ‘Diamond'patent, applicable across all industries, the book sets out time-tested best practice alongside ground-breaking methods. It is a must-have for those leading IP and patent departments and will also be an essential resource for patent attorneys and IP and law firms providing client advice.

Der Vertrag über die internationale Zusammenarbeit auf dem Gebiet des Patentwesens macht es möglich, durch Einreichung eines „internationalen“ Patentantrags Patentschutz für eine Erfindung in jedem einer großen Zahl von Ländern gleichzeitig zu beantragen. Ein solcher Antrag kann von jedem, der Staatsbürger eines Vertragsstaates ist oder in einem Vertragsstaat ansässig ist, eingereicht werden

El Tratado de Cooperación en materia de Patentes permite obtener protección por patente para una invención en muchos países al mismo tiempo mediante la presentación de una solicitud internacional de patente. Pueden presentar dicha solicitud los nacionales o residentes de los Estados Contratantes del PCT

Le Traité de coopération en matière de brevets permet de demander la protection d'un brevet pour une invention simultanément dans un grand nombre de pays en déposant une demande “internationale” de brevet. Une telle demande peut être déposée par toute personne qui a la nationalité d'un État contractant du PCT ou est domiciliée dans un tel État.

Intellectual property rights are a key element in today's knowledge economy. Specifically, the use of patents as transactional elements has become widespread. However, the market for patents possesses specific features that differentiate it from other markets. This book provides evidence for its existence and addresses its particular conditions. It also takes a deep dive into patent intermediaries, discussing how they emerged, their activity and business models, as well as their impact on market structure, firms, and societies. Patent intermediaries participate in market transactions by offering various services and by bridging supply and demand of patents. In the last decades, some of them (so-called pejoratively ‘patent trolls') have become popular for their aggressive litigiousness. However, the activity and presence of patent intermediaries are much more significant. To enhance our understanding of the role of patent intermediaries, the authors provide a comprehensive review of the role of these agents in the Economy.

This book analyses the gendered nature of patent law and the knowledge governance system it supports.The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance.This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.

This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.Expert contributors are brought together to explore patent eligibility in biotechnology, focusing on the fields of precision medicine, biofabrication and non-invasive prenatal testing. Chapters also explore the construction and coherence of exceptions to patentability,an examination of FRAND licensing in the context of the internet of medical things, and the possibility of using licensing to encourage or ensure the ethical use of patented technologies.With its carefully constructed analysis, this book will be an excellent resource for academic researchers, and students, in the fields of biotechnology law, pharmaceutical law and intellectual property law. It will also be useful for legal practitioners and policymakers, as well as charitable bodies and non-governmental organisations.

Many applicants use the Patent Cooperation Treaty (PCT) system as a first step to obtain patent protection for their inventions in a large number of countries. This practice-oriented book on the PCT – the only such book available – provides expert guidance on how to carry out the treaty's procedures, from filing a single international patent application to starting prosecution before a plurality of national Offices. Building from an authoritative overview of the PCT's sources and how they link to form the legal basis for a complete procedure, the contributors elucidate such invaluable practical details as the following: complete details on filing under the PCT, including the means of filing, fee payments, and priority, both in general and in specific national patent Offices; strategy points for making decisions on options in procedures and for drawing attention to important issues; citations from the Practical Advices published by the World Intellectual Property Organization (WIPO); differences between several regional and national Offices, such as the EPO and the USPTO; extensive treatment of remedies available in each procedure; guidance through the PCT – Patent Prosecution Highway (PCT-PPH); and extensive linking to international and national resources for the PCT. The authors include legal experts from WIPO and the European Patent Office (EPO), as well as well-known patent law practitioners. With its wealth of guidance ranging from a broad introduction to specific details of procedural strategy, this book will be of immeasurable value in the day-to-day practice of patent attorneys, corporate counsel, and paralegals worldwide. It will be of great use to candidates preparing for exams where a profound knowledge of the PCT is required.

An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

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.

Are you afraid to launch your tech startup because your intellectual property isn't protected yet?Do you want to get your business off the ground and find investors, but fear that your ideas, technology, methods, or inventions are not protected enough to share? Do you think that others will take your ideas and become quick competitors? Is there a way to fast-track your protection to begin finding investors for your startup? The invention you are hiding could be the next innovation that helps to save the environment or solves big issues around the world, so you deserve to avoid weeding through dense legal documents.Author and IP attorney Cynthia Lombardo knows the importance of protecting technology in order to begin a business journey. In Invention Protection Strategies, she will teach you: • How to protect your IP • How to easily and efficiently navigate IP law • How to analyze the viability of your patent idea • How to present the novelty of your invention to stand out from the crowd • Which type of IP protection you need • What aspects of your technology are most impactful for your vision • When to act so you can best prevent your innovations from being stolen If you are ready to feel the freedom of sharing your innovative ideas, find investors, and launch your tech company, pick up Invention Protection Strategies today!

Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected'global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public's interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer's privilege, the farm-save seed exemption, and breeders'rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

The Globalization of the Bayh-Dole Act examines an overlooked metric associated with the impact of the Bayh-Dole Act, namely its effect on influencing university-based technology transfer policies in other countries. To substantiate this thesis, Bayh-Dole like university technology transfer policies in 20 other countries are reviewed. In an effort toward an assessment of these Bayh-Dole like policies, the monograph explores in each country higher education expenditures on research and development (R&D) before and after the Bayh-Dole like policies were adopted. The authors conclude that, in terms of this metric, in some countries the Bayh-Dole like policies have been more effective than in others.

Law and economics research has had an enormous impact on the laws of contracts, torts, property, crimes, corporations, and antitrust, as well as public regulation and fundamental rights. The Law and Economics of Patent Damages, Antitrust, and Legal Process examines several areas of important research by a variety of international scholars. It contains technical papers on the appropriate way to estimate damages in patent disputes, as well as methods for evaluating relevant markets and vertically integrated firms when determining the competitive effects of mergers and other actions. There are also papers on the implication of different legal processes, regulations, and liability rules on consumer welfare, which range from the impact of delays in legal decisions in labour cases in France to issues of criminal liability related to the use of artificial intelligence. This volume of Research in Law and Economics is a must-read for researchers and professionals of patent damages, antitrust, labour, and legal process.

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.

Intellectual Property Issues in Nanotechnology focuses on the integrated approach for sustained innovation in various areas of nanotechnology. The theme of this book draws to a great extent on the industrial and socio-legal implications of intellectual property rights for nanotechnology-based advances. The book takes a comprehensive look not only at the role of intellectual property rights in omics-based research but also at the ethical and intellectual standards and how these can be developed for sustained innovation. This book attempts to collate and organize information on current attitudes and policies in several emerging areas of nanotechnology. Adopting a unique approach, this book integrates science and business for an inside view of the industry. Peering behind the scenes, it provides a thorough analysis of the foundations of the present day industry for students and professionals alike.

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.

Esta guía tiene por objeto ayudar a los investigadores, inventores y empresarios a determinar si las invenciones están protegidas por patentes con fuerza ejecutoria o si están en el dominio público, mediante un proceso en tres etapas para buscar y analizar los documentos de patente publicados utilizando las herramientas de determinación de la libertad de acción. Concebida para el estudio individual, la guía contiene módulos de capacitación fáciles de seguir que llevan a los lectores paso a paso por el proceso, entre otras cosas, con la ayuda de listas de comprobación útiles y otras herramientas.

The current publication is the second update and improvement of the original WIPO Technical Study from 2004, incorporating the latest practical and empirical information provided by Member States and stakeholders. The study looks at the key questions identified from the point of view of the patent system and in relation to other relevant legal and policy frameworks.

A première vue, le changement climatique a peu de choses à voir avec la propriété intellectuelle. Les partisans de la lutte contre le réchauffement planétaire peuvent néanmoins trouver dans le droit des brevets un formidable outil d'atténuation du changement climatique. Cet ouvrage, outre une proposition de définition de l'« invention verte », s'interroge sur l'utilité du droit des brevets dans la lutte contre le réchauffement climatique et ses effets sur les acteurs économiques. Habituellement outil d'incitation à l'innovation, il peut également devenir, au nom de l'intérêt général, un outil de contrainte des exploitants « éco-perfides » ou des innovateurs vertueux. Il peut aussi inciter les acteurs économiques à la recherche verte et leur permettre un large accès aux « inventions vertes ».

AIPPI Series, Volume Number 2. The second edition of Patent Protection for Second Medical Uses is a practical guide on the ever-relevant and controversial topic ‘Second Medical Use'(SMU) patents, which play a significant role in the potential second-line patent protection and have become increasingly important. This edition's analysis sheds light on the availability of protection for second medical use claims and its legal basis, followed by a detailed look at the specifics of various jurisdictions. Following the abandoning of ‘Swiss-type claims'at the European Patent Office (EPO), applicants had to develop new filing strategies while such claims are still allowable in a number of national jurisdictions worldwide; the consequences of this have not yet fully been explored in practice. Jurisdictions around the world show significant differences in the treatment of such claims, although they share common approaches in patent law overall. This second edition furnishes a detailed and elaborate analysis, providing clarity, insight and guidance on legal issues and practical implications of SMU claims in twenty-four jurisdictions (the EPO and twenty-three individual countries). What's in this book: This book, published under the aegis of the esteemed International Association for the Protection of Intellectual Property (AIPPI), contains a chapter-wise analysis by carefully chosen authors known for their expertise and experience in this field. Each chapter highlights such issues and topics as the following: availability and scope of protection; validity of claims; enforcement; infringement and investigations; and procedural aspects and tactical recommendations. The AIPPI studied certain aspects of second medical use claims on the occasion of its Congress in Toronto in 2014. This led to its Resolution Q 238 – ‘Second medical use and other second indication claims', which triggered this comparative law analysis and a copy of which is found at the end of this book. How this will help you: This book is an enlightening compendium of contributions from across the globe. It not only renders guidance to interested legal practitioners when filing a patent application and assessing risks of conflict with existing patents or patent applications but also explains the key issues and contains practical advice when enforcing such claims or defending against an action. Also, this book will prove to be of immense practical interest for patent lawyers and patent attorneys and for the industries involved, applicants for pharmaceutical patents and third parties.

Los encargados de la formulación de políticas y otras partes interesadas a menudo plantean cuestiones relativas al funcionamiento del requisito de divulgación, y solicitan información práctica y empírica sobre el mismo, de recursos genéticos y conocimientos tradicionales en las solicitudes de patentes. Este estudio, propugnado por entendidos en la materia, ofrece una presentación general exhaustiva y rigurosamente imparcial de las principales cuestiones legales y de funcionamiento que se plantean en este contexto.

Il arrive fréquemment que les décideurs et les autres parties prenantes posent des questions opérationnelles et cherchent des informations pratiques et empiriques sur les exigences de divulgation des ressources génétiques et des savoirs traditionnels dans les demandes de brevet. Cette étude faisant autorité offre une vue complète et scrupuleusement neutre des principales questions juridiques et opérationnelles qui se posent dans ce contexte.

Le Guide sur le recensement des inventions du domaine public explique comment déterminer si des inventions précises sont protégées par des brevets opposables ou sont tombées dans le domaine public au moyen d'une procédure en trois étapes pour la recherche et l'analyse des documents de brevet publiés.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data. With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Séverine Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and Hans-Wolfgang Micklitz

This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed. Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.Contributors include: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Göetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Müller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. Thomas

Antibodies have revolutionized medicine and biotechnology, and have become indispensable tools in therapy, diagnostics, analytics, and research. Therapeutic antibodies, for example, have come to dominate the ranks of blockbuster drugs, currently accounting for 10 out of the top 15 best-selling medicines. At the same time, a body of case law dealing specifically with the patentability of antibody-related inventions and the enforcement of antibody patents has emerged in major jurisdictions. The, at times, significant divergences between different jurisdictions have been compounded by recent decisions in the United States, most notably Amgen v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), which have severely curtailed the possibilities to obtain broad antibody patents. It is therefore essential to understand how antibody inventions are assessed in different jurisdictions in order to secure an optimal patent protection and to successfully enforce such patents. This book provides practitioners with a comprehensive resource elucidating all aspects of the patenting of antibodies from initial drafting and prosecution to enforcement, using a country-by-country format. It covers 23 of the most important IP jurisdictions worldwide – i.e., the European Patent Office, France, Germany, Italy, the Netherlands, Poland, Spain, Switzerland, the United Kingdom, Israel, the United States of America, Argentina, the Andean Community (Bolivia, Colombia, Ecuador, and Peru), Brazil, Canada, Chile, Mexico, China, India, Japan, Singapore, South Korea, and Australia. The 35 contributors to this book, all distinguished experts in this field, provide clear and practice-oriented advice on a range of topics including: – Which types of antibody inventions are patent-eligible? – Which types of functional and structural features are accepted for claiming antibodies? – What needs to be considered when defining antibodies in terms of their antigen, target affinity, binding specificity, epitope, competitive binding and other characteristics in relation to reference antibodies, as well as their effects on the target? – Which pitfalls must be avoided when defining amino acid sequences, chemical modifications or glycosylation patterns, and when relying on cell line deposits? – Which breadth of claims is accepted for antibody inventions, and what experimental support is required? – Which specific medical applications of antibodies can be claimed? – How is inventive step assessed in the specific case of antibody inventions? – What has to be considered when enforcing antibody patents, including in relation to biosimilars as well as the doctrine of equivalence? All chapters follow the same structure, which makes this book easily accessible and allows a direct comparison between different jurisdictions. Practitioners will find the much-needed tools and guidance to secure the best possible patent protection for antibody inventions in 23 of the most important jurisdictions worldwide. This book is the fifth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

This book provides detailed instructions for reading and writing a patent. The book presents useful instructions for undergraduate and graduate students as well as post-doctoral, researchers and professors in the field of Chemistry and related areas. Written from a practical point of view it answers the simple and often asked question: how should I read and write a patent? The book is particularly directed to graduate students, who are initiating their research and often lack experience with patents. The ability to write and comprehend patents is fundamental for the success of their projects.

Das Management von Patentausläufen in pharmazeutischen Unternehmen erfährt in Zeiten von stetig zunehmender Regulierung und geringer gefüllten Produktpipelines erneut große Aufmerksamkeit. Im Mittelpunkt dieses Bandes steht die Frage, welche der in der Literatur diskutierten Patentauslaufstrategien unter Berücksichtigung der aktuellen Rechtslage und Weiterentwicklung der pharmazeutischen Branche noch anwendbar sind. Dabei erfasst die Autorin sowohl branchenspezifische Besonderheiten als auch konzeptionelle Grundlagen der Marketingforschung. Basierend auf diesen Erkenntnissen erstellt die Autorin ein neues Klassifikationsschema an Patentauslaufstrategien für die pharmazeutische Branche und gibt Handlungsempfehlungen für das Management des Patentauslaufs.

This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness.Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics', and therefore software's, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.

Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure.Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

This book discusses the economic, political, legal, and social concerns of the world's governments on intellectual property rights. It analyzes the systems of both developed and developing economies and draws a clear picture of the status of intellectual property regimes around the world.

Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve.Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country's national constitutions.

The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

Economic growth has traditionally been attributed to the increase in national production arising from technological innovation. Using a panel of seventy-nine countries bridging the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers the impact of one-size-fits-all patent policies on developing countries and their innovation-based economic growth, including those policies originating from the World Intellectual Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and the Washington Consensus. This book argues against patent harmonization across countries and provides an analytical framework for country group coalitioning on policy at UN level. It will appeal to scholars and students of patent law, national and international policy makers, venture capitalist investors, and research and development managers, as well as researchers in intellectual property, innovation and economic growth.