341 results on '"PATENT law"'
Search Results
2. Inventive Indians: Technological Imaginaries and Patenting Activity in Late Colonial India (1911–48).
- Author
-
Mirza, Priya
- Subjects
- *
PATENT law ,BRITISH colonies - Abstract
The Patent Act extended to colonial India in 1859 introduced to Indians the right to file a patent for an invention. The article locates India as a site for invention and innovation, not by looking at the legal evolution of the law or the inventions themselves, but at the Indian patentees' engagement with the law. The consistent but small number of Indian patentees is suggestive of patent-filing being a form of sustained engagement with technological modernity. The establishment of a Patent Office completed the bureaucratic structure and was an intrinsic part of the development of India as a technocratic and scientific state. Examining the nature of this colonial institution, the paper examines a parallel process which shaped patenting: Indianisation. The colonial policy of Indianisation shaped Indians' access to employment and research in technical institutes. This had two visible but discrete consequences: in the number of Indian employees whose patents were acquired by the government, and the creation of a notable 'patent culture' with the Patent Office in Calcutta as a site and headed by an Indian. The paper uses the patent law as an axis to illuminate conversations around inventive activity in colonial India. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. Analysis of patent mortality rate across different technology fields in India.
- Author
-
Danish, Mohd Shadab, Ranjan, Pritam, and Sharma, Ruchi
- Subjects
INTELLECTUAL property ,PATENT offices ,PATENTS ,DEATH rate ,PATENT law - Abstract
The aim of this study was to evaluate how indicators of patent quality affect the value of a patent, which can be measured by how often it is renewed (or "survives"). Intellectual property rights (IPRs) are becoming more important in a wide range of industries. In the same way, a country's intellectual strength can be judged by how many patents it has and how much research and development it does. The Cox-PH model and the accelerated failure time (AFT) model are used in this study to determine the patent's worth across the five major technology groups and ownership status. The final sample for survival analysis is made up of 40132 patents that were obtained from the Indian Patent Office between 1995 and 2005. (IPO). We find that broad academic patents don't last longer, but that the patent's ability to be used internationally makes it last longer. In contrast, institutional patents are geographically restricted. The collaboration appears to have a greater impact on patent value. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. Patents, innovation, and development.
- Author
-
Hall, Bronwyn H.
- Subjects
TECHNOLOGY transfer ,MIDDLE-income countries ,PATENT law ,PATENTS - Abstract
I survey some recent research on the role of patents in encouraging innovation and growth in developing economies, beginning with a brief history of international patent systems and facts about the current use of patents around the world. I discuss research on the implications of patents for international technology transfer and domestic innovation. This is followed by a review of recent work by myself and co-authors on regional patent systems, the impact of patents on firm performance, and the impact on pharmaceutical patenting and domestic innovation. The conclusion suggests that patents may be relatively unimportant in development, even for middle income countries. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. The influence of returnee technology executives on enterprise innovation: the innovation patent data of global exchange market listed companies.
- Author
-
Lan, Xiao, Li, Zhe, and Wang, Zongjun
- Subjects
INVENTORS ,FOREIGN exchange market ,DISRUPTIVE innovations ,PATENT law ,EXPORT marketing ,TEAMS in the workplace ,CHIEF executive officers ,EXECUTIVES - Abstract
In this paper, the innovation patent data of 344 Chinese Global Exchange Market (GEM) listed companies from 2014 to 2018 is manually collected, and the effect of returnee technology executives (RTEs) on enterprise innovativeness is examined based on the empirical theory of the high ladder team. The study finds that RTEs promote enterprise innovation and that this effect persists after controlling for endogeneity and self-selection problems. By comparing the difference in the effect of RTEs on breakthrough innovation and non-breakthrough innovation, the study found that RTEs had a more significant role in promoting enterprise breakthrough innovation. Furthermore, through executive group analysis, it is found that Returnee Technology Chief Executive Officers (CEOs) have more potently positive effect on promoting enterprise innovation especially breakthrough innovation and RTEs exert greater prominence in fostering innovation in companies across developed coastal areas. The research theoretically expands and deepens the investigation on the rapport between enterprise executive characteristics and innovation, highlights the importance of the human capital of overseas returnees in practice, and has a certain guiding significance for enterprise talent introduction policies. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
6. Can comprehensive environmental regulation trigger green innovation? evidence from the low-carbon city pilot policy and green patents of listed industrial enterprises.
- Author
-
Chen, Chaofan, Zheng, Lijuan, Lin, Yongsheng, and Guan, Chenghua
- Subjects
ENVIRONMENTAL regulations ,CITIES & towns ,PATENTS ,BUSINESS enterprises ,PATENT law - Abstract
Using the gradual promotion of China's low-carbon city pilot policy (LCCPP) as a quasi-natural experiment, this study investigates the impact of comprehensive environmental regulation on green innovation represented by green patents of listed industrial enterprises. Our results revealed that enterprises located in cities with LCCPP produced a high intensity and volume of green patents. LCCPP increased the proportion of green invention, green utility model, and total green patents by 1.26%, 0.72%, and 0.84%, respectively. Moreover, we found that enterprises located in eastern cities and those with high research and development intensity and productivity were likely to benefit most from LCCPP, and LCCPP also triggered green innovation in high-emission and high-energy-consuming industrial sectors. Our results suggest that, for developing economies, a flexible and comprehensive environmental regulation that combines command-and-control and market-based regulations would be preferable for promoting enterprises' green innovation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
7. The FDI-spawned technological spillover effects on innovation quality of local enterprises: evidence from industrial firms and the patents in China.
- Author
-
Tan, Jing, Zhang, Yaqiao, and Cao, Hui
- Subjects
PATENT databases ,INDUSTRIAL clusters ,FOREIGN investments ,PATENTS ,TECHNOLOGICAL innovations ,PATENT law ,INTELLECTUAL property - Abstract
Foreign direct investment is a topic of crucial importance for emerging market countries for capital accumulation, innovation and sustainable development. From the perspective of technological innovation, the article explores how 'desirable' the FDI is in stimulating domestic innovation. Using industrial firm-level data from 1998 to 2013 combined with patent database from China National Intellectual Property Administration and patent citations from Google Patents, the article captures the significant impact of innovation quality of regional FDI on the innovation quality of local firms with both multi-fixed effects and instrumental variable estimations, which are proved to be reliable with robustness checks. Further, under different entry modes, the article finds that M&A FDI plays a more positive role in spillovers compared with greenfield investment. Finally, the article explores the upstream and downstream linkage benefits and intra-industrial benefit from FDI innovation, which shows that the intra-industrial benefit, or the demonstration effect is prominent. Our article renders a more direct micro evidence of FDI spillovers and sheds light on FDI attracting policies. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
8. Household Registration System Reform and Firm Innovation: Evidence from China's Scaled Industrial Firms.
- Author
-
Zhang, Fuxing, Yuan, Yan, and Rong, Wanting
- Subjects
INNOVATIONS in business ,RURAL-urban migration ,CITIES & towns ,REFORMS ,HOUSEHOLDS ,INDUSTRIAL clusters ,PATENT law - Abstract
China has relaxed its household registration system (HRS), making it easier for rural-to-urban migrants to settle in cities. By improving the stability of high-educated workers in firms, the HRS reform should enhance these firms' innovation. We investigate how the HRS reform influenced scaled industrial enterprises' innovation by exploiting the staggered HRS reform in different cities from 1998 to 2007. We find that the HRS reform significantly increased these firms' innovation output, measured by patent counts. We further find that this positive effect mainly existed among knowledge-intensive firms. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
9. China's Insertion in the International Patent Regime: Shaking the Rules Widens the Development Policy Space.
- Author
-
Alshareef, Salam
- Subjects
INTELLECTUAL property ,PROPERTY rights ,PATENTS ,PATENT law ,INTERNATIONAL organization ,TECHNOLOGICAL progress - Abstract
Much has been written about the effects of China's rising role in global economic governance, but the consequences for the development policy space have received little attention. This article examines whether China's mode of insertion in the international patent regime widens the restricted policy space of its developing country partners to shape their national patent system in a way that facilitates technical progress. Results show that China adopts a minimalist interpretation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement as it incorporates its flexibilities at the bilateral and national levels, thus preserving and potentially widening its partners' development policy space. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
10. Patent productivity: Strategic human resources and the attention-based view.
- Author
-
Greer, Charles R., Bruton, Garry D., and Zachary, Miles A.
- Subjects
HUMAN resources departments ,SENIOR leadership teams ,EXECUTIVE compensation ,PATENTS ,PATENT law - Abstract
Scholars have argued that choices about a firm's human resources are critical to innovation and, in turn, firm success. However, studies of the role human resources (HR) in innovation have tended to focus on the individual level. Yet, broader strategic choices about HR can also impact innovation, and specifically the patent productivity of the firm. Here we draw on the attention-based view to guide the examination of three key concerns for strategic HR management by the top management team (TMT), and the relationship of these variables with patent productivity. We specifically examine TMT rhetoric, presence of an HR executive on the TMT, and HR slack. Our examination shows that the innovation rhetoric of the TMT can be beneficial to patent productivity, while HR slack detracts from patent productivity. Looking deeper we find limited support for the notion that time lags positively moderate the influence of innovation rhetoric and the HR executive effect on patent productivity. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
11. How (not) to be held accountable in research: A reply to my critics.
- Author
-
Radder, Hans
- Subjects
PATENT law ,GENERIC drugs ,MEDICAL patents ,GENERIC drug manufacturing ,CRITICS ,SOCIAL sciences education ,PHILOSOPHY of science - Published
- 2023
- Full Text
- View/download PDF
12. Accumulation by dispossession and African seeds: colonial institutions trump seed business law.
- Author
-
Van Dycke, Lodewijk
- Subjects
COLONIAL administration ,COMMERCIAL law ,SEEDS ,PATENT law ,MARKETING ,DEVELOPING countries ,TRADE secrets - 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. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
13. Human mobility restrictions and innovation: evidence from China.
- Author
-
Zhang, Guoguo and Zhang, Honghong
- Subjects
SPRING festivals ,CITIES & towns ,PATENT applications ,HUMAN beings ,DEMOGRAPHIC change ,PATENT law - Abstract
Population mobility plays an essential role in the diffusion of knowledge. To the best of our knowledge, the existing literature focuses on the migration of workers between regions. Still, we employ a temporary policy of human mobility restriction in China to estimate the effect of COVID-19 on innovation. We find that the number of application invention patents decreases remarkably 1.813 using RD design and remains declined even if we rule out the Spring Festival and the viral effects using RD-DID. Moreover, the mechanism research suggests that the lockdown causes a decline in the population mobility within Wuhan city and inflow from other cities and we rule out the mechanism that skilled labours flow out Wuhan. In addition, we further find that institutional innovations have a significant reduction, especially invention patents in universities. This study highlights the enormous negative impact of human mobility restrictions on innovation due to COVID-19. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
14. The big cost of big medicine – calculating the rent in private healthcare.
- Author
-
Stelzner, Mark Joseph and Nam, Daniel Taekmin
- Subjects
- *
MEDICAL care costs , *HEALTH insurance , *PATENT law , *MARKET power ,DEVELOPED countries - Abstract
As a country, the United States spends significantly more on healthcare than other advanced industrialized countries, and Americans have comparably worse health outcomes. Both are developments of the last four decades. In this paper, we look at how change in antitrust and patent law and thus change in market power in the largest four subsectors of healthcare, hospitals, physician groups, prescription drugs, and net medical insurance, have contributed to the increasing cost of medical care in the United States. We show that the annual rent – the degree to which health care is overpriced as a result of market power – was between 2.47 and 4.30 percent of GDP in 2016 – truly a big cost for big medicine. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
15. Measuring cross-country heterogeneity in the value of patents based on the patent-trade relationship.
- Author
-
Hong, Junyoung and Kim, Wonjoon
- Subjects
PATENTS ,VALUE capture ,HETEROGENEITY ,PATENT law - Abstract
Because of the heterogeneity of the patent protection system and the business environment across countries, the private value of patents varies. Therefore, current approaches that mostly consider the level of patent protection have limitations in capturing the strategic value of patents. This paper suggests a new approach for estimating the perceived private value of a patent in a country by considering the scale of trade in the United States, Europe, China, Japan, Korea, Brazil, India, Canada, and Russia. The results indicate that the value of patents in a country changed over the sample period, regardless of the level of patent protection, suggesting that changes in the strategic business value of patents played a key role in the value of patents in those countries. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
16. The Optimal Patent Portfolio of The Technology Standards Alliances in Innovation Competition.
- Author
-
Lou, Zhaohui, Yao, Shujie, and Zhang, Xinwen
- Subjects
PATENTS ,ANTITRUST law ,DIGITAL divide ,MATHEMATICAL analysis ,SOCIAL services ,PATENT law - Abstract
Unlike the dominant theories based on the rigid assumption that "technology standards must contain only essential patents", this paper discusses the standard alliances that are engaged in their cumulative innovation. Its focus is particularly on a more realistic setting that a standard alliance should contain both the essential and the non-essential patents. We use the essential-patent's ratio, which denotes the percentage of the essential patents in the total patents in a standard, as the cumulative innovation model's core variable. The mathematical analysis illustrates that the essential-patent's ratio performs an important role in the arguments' standards. There is an optimal portfolio that maximizes the alliances' efficiency in an innovation competition. It implies that the social welfare effects depend on the dynamic trade-off between the long-term technical gap caused by the technological upgrades' missing opportunities and the short-term welfare losses that consumers may suffer. The patents' and antitrust laws should tolerate a certain number of non-essential patents being contained by the technology standards. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
17. Balancing community rights and national interests in international protection of traditional knowledge: a study of India's Traditional Knowledge Digital Library.
- Author
-
Fredriksson, Martin
- Subjects
- *
TRADITIONAL knowledge , *DIGITAL libraries , *COMMUNITIES , *RIGHTS , *NATIONAL interest , *PROTECTION of cultural property - Abstract
This article analyses how local, national and international interests are reflected in India's attempts to protect traditional knowledge through the formation of a Traditional Knowledge Digital Library (TKDL). It compares how the digital library is contextualised within India's domestic policy with how it is presented to the World Intellectual Property Organization (WIPO). The article argues that WIPO has endorsed the Indian initiative and embraced the promotion of protective databases as an uncontroversial tool that diverts attention from more contested forms of traditional knowledge protection. Consequently, India has been able to use WIPO as a platform to promote itself and the TKDL to the global community. Domestically, however, the library serves other purposes. Since it systematically documents a vast body of traditional medical knowledge, Indian authorities can use the library to claim that knowedge as part of a national cultural heritage, and as a source of scientific innovations to the economic and social benefit of the country. In that regard, the TKDL reflects an interplay among local, national and international interests, where the goal of protecting the traditional knowledge of indigenous and local communities against misappropriation risks being co-opted to serve national purposes. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
18. Breaking Bad Patents: Learning from HIV/AIDS to make COVID-19 treatments accessible.
- Author
-
D'Angelo, Alexa B., Grov, Christian, Johnson, Jeremiah, and Freudenberg, Nicholas
- Subjects
- *
PATENT law , *HIV prevention , *HIV infections , *COVID-19 , *HEALTH services accessibility , *HUMAN rights , *GOVERNMENT regulation , *PUBLIC health , *ANTIRETROVIRAL agents , *COST control , *INTELLECTUAL property , *PHARMACEUTICAL industry , *LEGAL procedure , *COVID-19 pandemic - Abstract
The COVID-19 pandemic has brought renewed attention to the topic of challenging drug patents in the interest of public health. Pharmaceutical companies have already begun to patent existing medicines for the treatment and prevention of SARS-CoV-2, affording them exclusive manufacturing rights over vital medicines. Advocates have raised concerns regarding the pricing of COVID-19 drugs, as well as patent monopolies on the manufacture of COVID-19 treatments. The HIV/AIDS pandemic provides a useful lens through which we can analyse existing pathways for challenging pharmaceutical patents in the context of global pandemic. In this article, we review three legal pathways for overriding and seizing patents on medicines by describing cases in which they were employed to make antiretroviral drugs more accessible to people living with HIV. Last, we highlight the weaknesses inherent in these pathways and offer advocacy and policy suggestions for how to strengthen these pathways to improve access to COVID-19 treatments as they become available in the United States and globally. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
19. The China paradox: the endogenous relationship between law and economic growth.
- Author
-
Yueh, Linda
- Subjects
ECONOMIC conditions in China, 2000- ,TWENTY-first century ,CHINESE economic policy ,ECONOMIC development ,JUSTICE administration ,PATENT law - Abstract
An enduring paradox of China's remarkable economic growth is the lack of a well-established legal system. By drawing on the credibility thesis, this paper proposes that legal and economic reforms give rise to, and reinforce, the other and the market is underpinned by evolving institutions that are shaped by the expectations of the actors in the economy. It is thus not the form of institutions but their function that is more important in assessing institutional performance. A comparative examination of the USA at a similar stage of legal-institutional development to China provides support for an evolutionary, endogenous process. This institutional analysis will focus on key issues of economic legislation, such as corporate law, patent law and securities. Analyzing the relationship as complementary processes can help explain the paradox of strong economic growth within an under-developed system of law with potential, critical implications for institutional development in other countries. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
20. Commercialization of the gene-edited crop and morality: challenges from the liberal patent law and the strict GMO law in the EU.
- Author
-
Jiang, Li
- Subjects
- *
PATENT law , *COMMERCIALIZATION , *CROPS , *INTERNATIONAL trade , *PATENTABILITY , *GRAIN trade - Abstract
The EU aspires to utilize the economic advantages of gene-editing technology on one hand and ensure human health and environmental safety on the other. Surrounding the fierce debates over emerging gene-edited plant, the current debate focused on the issue of whether the gene-edited crop should be within or outside the GMO law and its implication for innovation. It should not be forgotten that it is also involved in the complex patentability issues pertaining to the legal interpretation of the patent law. The gene-edited crop is governed by GMO regulations due to its potential risk to human health and environmental safety. But it is heavily patented, as patent regulations ignore its potential risk. This article examines the discrepancy of the gene-edited crop between the existing GMO law and the patent law and reveals the challenges to current EU jurisdiction, including the international trade impediment challenge, the patent monopoly challenge, the market confusion challenge, and the agricultural economy suspension challenge. In the end, this article argues that EU GMO regulations should be bridged with a patent system in facing the regulatory challenges from the gene-edited crop. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
21. Toward Reasonable Capitalism: The Role of John R. Commons's Price and Business Cycle Theories.
- Author
-
Takahashi, Shingo
- Subjects
BUSINESS cycles ,SUPPLY & demand ,CAPITALISM ,PATENT law ,MONETARY policy - Abstract
John R. Commons thought that prices should be stable and that the law of supply and demand should be controlled by the power of the state through patent law and by protecting bargaining equality. Commons also thought that prices should be stabilized by macro monetary policy. These means would allow the realization of a "reasonable price." Commons called the objective and measurable value in money, which is determined by a court ruling, "reasonable value." Analysis of Commons's price and business cycle theories point toward the realization of both "reasonable price" and "reasonable value" and toward "reasonable capitalism" that can replace banker capitalism. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
22. Inside the atomic patent office.
- Author
-
Wellerstein, Alex
- Subjects
- *
PATENT law , *CENSORSHIP - Abstract
This article describes how the atomic patenting program of the U.S. government controlled the early development of nuclear technologies. In 1942, William Asahel Shurcliff was appointed the atomic patent censor, a secret job that gave Shurcliff a comprehensive view of the entire atomic research program. Vannevar Bush, head of the U.S. Office of Scientific Research and Development, was concerned that others would secure patents for atomic energy and would jeopardize the U.S. Manhattan Project. Shurcliff's job was to find patent applications for atomic energy and to keep them secret during the war.
- Published
- 2008
- Full Text
- View/download PDF
23. A new patent system to usher in a new economy.
- Author
-
Meng, Sam and Chen, George S.
- Subjects
NEW economy ,PATENT licenses ,RECESSIONS ,PATENT law ,ECONOMIC development - Abstract
This paper shows that economic recessions result from a scarcity of product innovations attributable to the flawed balanced approach of the current patent system. While rejecting the balanced approach, this paper proposes an innovative approach and suggests a number of reforms to build a new patent system, including redefining patent right, banning exclusive patent licenses and patent assignments, standardizing patent licenses, prolonging patent duration infinitely, and improving the patent quality standard. It is projected that the new patent system will lead to faster and smoother economic growth. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
24. Unconstitutional supranational arrangements for patent law: leaving out the elected legislators and the people's participatory rights.
- Author
-
Xenos, Dimitris
- Subjects
- *
INTERNATIONAL courts , *INTERNATIONAL business enterprises , *PATENTS , *DEMOCRACY , *PATENT law , *INTERNATIONAL cooperation - Abstract
Substantive economic law in the context of patents creates industrial property rights and monopolies in almost all fields of technology, affecting considerably the economic and social well-being of the state and its people. The mass nationalisation of the international patents of the European Patent Office (EPO) has long raised serious questions about democratic control, in view of the reality that most of its patents are taken by large companies and corporations from a small number of states, mostly from outside the EU. The EU has recently expanded this system by creating a federal (unitary) patent framework consisting of the EPO and a new international court, the Unified Patent Court (UPC), that abolishes the already limited national control. But how can national control ever be totally abolished, especially in such an important social–economic context? And, can the EU exercise effective democratic control of the federal system that it has created? The observed constitutional asymmetries of a federal/unitary patent system that is created in the absence of a federation and is based on two non-EU bodies (EPO, UPC) no longer guarantee the democratic participatory rights of the people for whose benefit economic rules and property rights are justified, regulated and applied. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
25. Space Manufacturing and Trade: Addressing Regulatory Issues.
- Author
-
Muzyka, Kamil
- Subjects
SPACE industrialization ,PATENT law ,COMMERCE ,SPACE law ,OUTER space - Abstract
Space manufacturing is an expectation since the rise of the space age. Because of shifts in both national and global space policies, along with accidents and loss of human life in space missions, the idea of space manufacturing was postponed. Today, it is viable due to the maturity of efficient reusable launch technologies and an emergent space renaissance in the commercialization and privatization of space activities. Manufacturing in space carries a promise of new products and improved articles of manufacture. At the same time, there are legal problems to address prior to capital investment in space manufacturing. The problems stem from the lack of proper regulation, and the duality of the two legal systems of international space law and patent law. Both systems are crucial to the development of a framework for space manufacturing operations, which are currently in an early experimental phase. The author argues that international space law requires the creation of new doctrines that aligns with patent law, ensuring proper recognition of products manufactured and traded in outer space, especially those that are manufactured using space resources. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
26. Surgical drilling of curved holes in bone – a patent review.
- Author
-
Sendrowicz, Alexander, Scali, Marta, Culmone, Costanza, and Breedveld, Paul
- Subjects
ORTHOPEDIC surgery ,OPERATIVE surgery ,PATENT law ,ANALYSIS of bones ,MEDICAL equipment - Abstract
Introduction: Conventional surgical drills are rigid straight instruments used to make holes in bones. They lack the ability to follow a curved pathway, making them impractical for several surgical procedures. For this reason, there is a continuous need for improved devices for surgical drilling of curved holes. Areas covered: This review provides a comprehensive overview and classification of the patent literature of surgical drills able to produce a curved hole. The goal is to identify the fundamental mechanical designs of the drills. The medical section of the Web of Science Derwent Innovation Index was scanned combining keywords for both steering and drilling. Overall, 41 unique patents were reviewed and categorized. Expert opinion: Drills were subdivided in four groups based on the capability of either drilling a single curved path or a multi-curved path and on their ability to adjust the path after insertion of the drill into the bone. We found patents describing instrument designs for all these four groups. The insight in the drilling capabilities and in the mechanical designs described in the patents may serve as a source of inspiration for the design of novel surgical drills and the development of new surgical procedures. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
27. Secrecy, patents and non-proliferation.
- Author
-
Lester, Richard
- Subjects
CONFLICT of laws ,PATENT law ,URANIUM compounds ,ISOTOPE separation ,PHOTODISSOCIATION ,PATENTS - Abstract
The article focuses on the loss of an overseas patent filed by the U.S. Los Alamos Scientific Laboratory (LASL) for its mainline process to achieve separation of uranium hexaflouride gas through selective photodissociation. The U.S. Atomic Energy Commission classifies the process of separation of practical quantities of enriched uranium as Restricted Data. The foreign filing of classified patents is banned by the U.S. Department of Energy and the patent office, so LASL's patent application was classified as secret restricted data. Two West Germany groups who filed for unclassified laser isotope separation patents were given priority by several countries. The author argues the need for broader applications flow of information on basic scientific principles cannot be stopped.
- Published
- 1981
- Full Text
- View/download PDF
28. U.S. Patent Policy and Government Research.
- Author
-
Wright, Robert L.
- Subjects
PATENTS ,TECHNOLOGICAL innovations ,PUBLIC contracts ,FEDERAL aid to research ,PUBLIC spending ,INTELLECTUAL property ,INTANGIBLE property ,PATENT law ,FEDERAL government - Abstract
The article reports on the policies governing patents and government-financed research in the U.S. About two-thirds of the annual expenditures for scientific research and development made in the entire American economy is now provided by government contracts. While much of this is spent directly for military purposes, a large part of all the funds used to make commercial products better or cheaper is also being supplied by defense appropriations. The problem of how to dispose of patent rights in inventions produced by this government-financed research and development is only one aspect of the larger problem of preserving competitive commercial incentives in research so heavily based on defense spending.
- Published
- 1963
- Full Text
- View/download PDF
29. Patent Examination Quality and Litigation: Is There a Link?
- Author
-
Marco, Alan C. and Miller, Richard D.
- Subjects
ACTIONS & defenses (Law) ,PATENTS ,PATENT law ,CONTROL groups - Abstract
In this study, we use carefully constructed matched samples of litigated and non-litigated patents to investigate the characteristics that predict litigation. We define different control groups based on filing characteristics and value correlates (or both), and test the extent to which examination characteristics predict litigation. This paper is the first to use detailed examination characteristics to understand the resulting patent rights. By controlling (at least in part) for patent value, the estimation strategy has implications for the degree to which patent examination characteristics are correlated with uncertainty. We find that some examination characteristics predict litigation, but that the bulk of the predictive power in the model comes from filing characteristics. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
30. How to Measure and Draw Causal Inferences with Patent Scope.
- Author
-
Kuhn, Jeffrey M. and Thompson, Neil C.
- Subjects
PATENT law ,PATENT lawyers ,TECHNOLOGICAL innovations ,ANNOTATIONS & citations (Law) ,PATENTS ,TOUGHNESS (Personality trait) - Abstract
This paper presents an easy-to-use measure of patent scope that is grounded both in patent law and in the practices of patent attorneys. We validate our measure by showing both that patent attorneys' subjective assessments of scope agree with our estimates, and that the behavior of patenters is consistent with it. Using our validation exercise, we find that previous measures of patent scope (i.e., the number of patent classes, the number of citations made by future patents, and the number of claims in a patent) are uninformative or misleading. To facilitate drawing causal inferences with our measure, we show how it can be used to create an instrumental variable, patent examiner scope toughness, which we also validate. We then demonstrate the power of this instrument by examining standard-essential patents. We show that an (exogenous) diminishment of patent scope leads to patents being much less likely to be declared standard essential. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
31. Changes to Common Law Printing in the 1630s: Unlawful, Unreliable, Dishonest?
- Author
-
Williams, Ian
- Subjects
- *
PRINTING industry -- Law & legislation , *COMMON law , *PATENT law , *PIRACY (Copyright) , *ATTRIBUTION of authorship , *PRESS law , *PUBLISHING , *ECONOMIC competition - Abstract
Law printing changed dramatically in the reign of Charles I. This article shows that the legally imposed monopoly on printing books of the common law (the law patent) was breached regularly and seemingly with impunity. Piracy, false attributions of authorship and concerns about quality all appear from the late-1620s onwards. The article explains these changes by stressing a number of factors: changes related to the holder of the patent and those printing under it; difficulties and tensions in the enforcement of the patent; and unauthorized printing creating a more competitive (and therefore challenging) market for law printers. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
32. Exclusive rights of patent owners versus rights of chattel owners: the implied licence approach.
- Author
-
Lai, Jessica C.
- Subjects
- *
PATENT licenses , *INTELLECTUAL property , *INTERNATIONAL trade , *PATENT applications , *PATENT infringement - 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 implied licences granted by the patent owners. Little attention has been given to this in New Zealand. This article seeks to address this gap by exploring patentees’ exclusive rights and implied licences and how these play out domestically and internationally. It examines the convoluted case law that traverses the interface between patent exclusive rights and chattel owner rights. The article focuses on New Zealand, but borrows case law from the United Kingdom, Australia and Canada to fill gaps. It surmises that the current law in New Zealand is complicated and fact-dependent, and relatively pro-patentee as opposed to pro-chattel owner. The article concludes by analysing whether an exhaustion model would be simpler and more balanced than the implied licence approach. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
33. CRISPR Patents: Aspiring to Coherent Patent Policy.
- Author
-
Cook-Deegan, Robert
- Subjects
- *
PATENT law , *PATENTS , *BIOTECHNOLOGY , *DNA , *INTELLECTUAL property , *POLYMERASE chain reaction , *SOCIAL values , *ECONOMICS - Abstract
The article examines the effectiveness of foundational technologies such as CRISPR for human suffering. Use of technologies in the market for fundamental research and therapeutic applications, is highlighted. Also emphasized are the patents on foundational technologies and human right to apply in the community such as research institutes, scientists and patient organizations.
- Published
- 2018
- Full Text
- View/download PDF
34. Patenting Foundational Technologies: Lessons From CRISPR and Other Core Biotechnologies.
- Author
-
Feeney, Oliver, Cockbain, Julian, Morrison, Michael, Diependaele, Lisa, Van Assche, Kristof, and Sterckx, Sigrid
- Subjects
- *
PATENT law , *BIOTECHNOLOGY , *EXECUTIVES , *SOCIAL justice - Abstract
In 2012, a new and promising gene manipulation technique, CRISPR-Cas9, was announced that seems likely to be a foundational technique in health care and agriculture. However, patents have been granted. As with other technological developments, there are concerns of social justice regarding inequalities in access. Given the technologies' "foundational" nature and societal impact, it is vital for such concerns to be translated into workable recommendations for policymakers and legislators. Colin Farrelly has proposed a moral justification for the use of patents to speed up the arrival of technology by encouraging innovation and investment. While sympathetic to his argument, this article highlights a number of problems. By examining the role of patents in CRISPR and in two previous foundational technologies, we make some recommendations for realistic and workable guidelines for patenting and licensing. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
35. Rising Economies in the International Patent Regime: From Rule-breakers to Rule-changers and Rule-makers.
- Author
-
Morin, Jean-Frédéric, Serrano, Omar, Burri, Mira, and Bannerman, Sara
- Subjects
- *
PATENT law , *POWER (Social sciences) , *BUREAUCRACY , *POLARIZATION (Social sciences) , *INTELLECTUAL property - Abstract
Rising economies face a crucial dilemma when establishing their position on international patent law. Should they translate their increasing economic strength into political power to further developing countries' interests in lower levels of international patent protection? Or, anticipating a rising domestic interest in stronger international patent protection, should they adopt a position that favours maximal patent protection? Drawing on multiple case studies using a most-similar system design, we argue that rising economies, after having been coerced into adopting more stringent patent standards, tend to display ambivalent positions, trapped in bureaucratic politics and caught between conflicting domestic constituencies. We find that the recent proliferation of international institutions and the expansion of transnational networks have contributed to fragmentation and polarisation in domestic patent politics. As a result, today's emerging economies experience a more tortuous transformative process than did yesterday's. This finding is of particular relevance for scholars studying rising powers, as well as for those working on policy diffusion, regulatory regimes, transnational networks and regime complexes. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
36. Building University Relationships in China.
- Author
-
Slowinski, Gene, Johnson, Albert, Hummel, Edward, and Story, Bruce
- Subjects
UNIVERSITIES & colleges ,STRATEGIC planning ,BUSINESS enterprises ,CORPORATE culture ,PATENT law - Abstract
The article discusses about the trip of Gridley to China to get the deal signed by two universities within five days. Topics of discussion includes his understanding the country's corporate culture from the Chinese consultant, being culturally sensitive but not trying to be Chinese, visiting Chinese patent law firms and link the company’s needs with the government’s five-year plans.
- Published
- 2018
- Full Text
- View/download PDF
37. Textual migration in Ebenezer Obey’s juju music.
- Author
-
Mosobalaje, Adebayo
- Subjects
- *
MUSICAL composition , *YORUBA (African people) , *PATENT law , *MUSIC improvisation - Abstract
This study examines textual migration as one of the principal sources of Ebenezer Obey’sjujumusic in the framework of free borrowing that characterised the oral composition and performances of Yoruba traditional chanters. In indigenous Yoruba societies, in which there was no patent law governing artistic productions, free borrowing allowed chanters to pick song items from different sources within the context of performance to deck up composition. Obey has expertly made use of this artistic graft herein referred to as textual migration. The study has identified three major sources of textual migration deployed by Ebenezer Obey. The first is from Yoruba oral genres such asoriki(praise poetry), incantatory poetry, festival songs,itan(story) and myths. The second is from Christian oral genres and heritage such as hymnal composition and Christian sermons or evangelical discourses. Obey’s third textual migration derives from Yoruba folk music and older forms of popular music in Yoruba and other parts of the world. Intertextuality and the concept of polyvocality would be used to analyse Obey’s song-poetry. Intertextuality studies interactions between and among texts with a view to establishing the modality of relationship between such texts. Polyvocality is a conceptual notion that posits that individual speakers’ utterances are overpopulated and are largely drawn from various sources that individual speakers might not consciously notice. These theories are therefore appropriate analytical tools to study the artistic graft that operates in Obey’s music. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
38. Trumping TRIPS: Indian patent proficiency and the evolution of an evergreening enigma.
- Author
-
Basheer, Shamnad
- Subjects
- *
PATENT law , *INTELLECTUAL property , *GENERIC drugs ,AGREEMENT on Trade-Related Aspects of Intellectual Property Rights (1994) - Abstract
Section 3(d) of India’s Patents Act forbids patents on pharmaceutical substances that do not demonstrate a significantly enhanced efficacy over and above prior known substances. This article discusses the long and tortuous history of the provision. Only after an extended period of difficulty did India get to grips with World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and interpret it strategically to benefit the nation and its industry. This sophistication reached a near crescendo with the emergence of section 3(d), its crude drafting notwithstanding. India’s efforts to tailor its patent regime to promote the national interest whilst remaining compliant with TRIPS stands in stark contrast to a number of other countries that have simply toed the line of the developed world’s maximalist intellectual property (IP) agenda. As such, it represents a significant milestone and a valuable lesson in the IP and development debates. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
39. Athenaeus describes the most ancient intellectual property.
- Author
-
Witty, Michael
- Subjects
- *
INTELLECTUAL property , *INVENTION laws , *PATENT law , *PROPERTY , *PUBLISHING , *HISTORY - Abstract
The article offers information on trends of intellectual property Topics discussed include ownership of intellectual property in past to protect inventions against copying, and for protection of personal investment in innovation; views on patents system for innovation protection; and views on contribution of Athenaeus in publishing about intellectual property in past.
- Published
- 2017
- Full Text
- View/download PDF
40. THE FIRST OFFICIAL REPORT ON AEC PATENT PROBLEMS.
- Author
-
Miller, Byron S.
- Subjects
PATENT law ,INTELLECTUAL property ,PATENTS ,NUCLEAR energy laws ,PATENT offices ,GOVERNMENT agencies ,PATENT practice - Abstract
The article presents the report of the Advisory Panel of the Atomic Energy Commission. The Advisory Panel of the AEC is responsible in making policy, procedures and staff organization for the implementation of the patent provisions of the Atomic Energy Act of 1946. The report presents the modification on the patent system concerning atomic energy, reviews the work of the government agencies and makes initial recommendations on the patent policy and administration to the Commission. Relationships of AEC to its contractors and to the Patent Office is also discussed. A list of unsettled problems on the Atomic Energy Act is also presented including the allocation of patent rights under existing contracts, Patent Office Procedures and secrecy in patent compensation proceedings.
- Published
- 1948
- Full Text
- View/download PDF
41. PATENTS FOR R AND D.
- Author
-
Holman, Mary A.
- Subjects
GOVERNMENT-owned patents ,PUBLIC contracts ,PATENT law ,TECHNOLOGY & state ,TECHNOLOGICAL innovations ,INVESTORS ,COMMERCIAL products - Abstract
The article discusses the article "U.S. Patent Policy and Government Research," by Robert L. Wright in the December 1963 issue. The article is on the government patent policy and patent system in the U.S. where Wright believes that the chief justification for the patent system is to encourage investors. This is the basis of his position appears to rest on the belief that government research and development inventions have extensive commercial potentials. He believes that commercial product improvement programs undertaken by private industry are important by-products of government Research and Developments contracts.
- Published
- 1964
- Full Text
- View/download PDF
42. Gene Patents and the Social Justice Lens.
- Author
-
Farrelly, Colin
- Subjects
- *
PATENT law , *PATENTS , *BIOTECHNOLOGY , *DNA , *GENETIC techniques , *GENOMES , *INTELLECTUAL property , *LIBERTY , *PUBLIC administration , *SOCIAL justice , *DRUG development , *HEALTH equity , *ECONOMICS - Abstract
The article presents the author's views regarding the intellectual property rights to moral value, liberty, utility or equality. The author examines the effect of patent reform stems based on social justice. An overview on the pluralistic and provisional moral analysis with empirical considerations, is also emphasized.
- Published
- 2018
- Full Text
- View/download PDF
43. Fair Governance of Biotechnology: Patents, Private Governance, and Procedural Justice.
- Author
-
de Graeff, Nienke, Dijkman, Léon E., Jongsma, Karin R., and Bredenoord, Annelien L.
- Subjects
- *
PATENT law , *BIOTECHNOLOGY , *DECISION making , *INTELLECTUAL property , *MARKETING , *PATENTS , *PUBLIC administration , *PRIVATE sector , *GOVERNMENT policy - Abstract
The article looks on the patents, private governance and justice for foundational technologies. It highlights the need to invest biotechnologies in the market for fundamental research and therapeutic applications. Facilitation of platform to gather stakeholders from the CRISPR community such as research institutes, scientists and patient organizations, is also emphasized.
- Published
- 2018
- Full Text
- View/download PDF
44. The View of CRISPR Patents Through the Lens of Solidarity and the Public Good.
- Author
-
Capps, Benjamin, Mulvihill, John J., Joly, Yann, Lysaght, Tamra, and The International Human Genome Organisation (HUGO) Committee on Ethics, Law, and Society (CELS)
- Subjects
- *
PATENT law , *BIOTECHNOLOGY , *INTELLECTUAL property , *MARKETING , *PUBLIC health , *SOCIAL justice - Abstract
The article examines the effect of CRISPR in individual's right to share in scientific advancement. It states that CRISPR reduce mortality and disability as well as satisfies the utilitarian's condition for patents. Also mentioned are the incentives, opportunities and legal confrontations earned from CRISPR.
- Published
- 2018
- Full Text
- View/download PDF
45. The Human Right to Science and Foundational Technologies.
- Author
-
Boggio, Andrea and W. L. Ho, Calvin
- Subjects
- *
PATENT law , *BIOTECHNOLOGY , *CONCEPTUAL structures , *HEALTH services accessibility , *HEALTH status indicators , *HUMAN rights , *INTELLECTUAL property , *PUBLIC administration , *PRIVATE sector , *PUBLIC sector - Abstract
The article examines the effectiveness of foundational technologies for human right to science and patent protection. It highlights the limited access to the material benefits of science advancements at various levels. Also mentioned is the major role of the governments to assure well implementation of patent rights in individuals.
- Published
- 2018
- Full Text
- View/download PDF
46. Foundational Technologies and Legal Realities.
- Author
-
Kuersten, Andreas
- Subjects
- *
PATENT law , *PATENTS , *BIOTECHNOLOGY , *DNA , *GENETIC techniques , *POLYMERASE chain reaction , *PUBLIC administration , *ECONOMICS - Abstract
The article examines on the government-mandated licensing terms arrangement for fair, reasonable, and nondiscriminatory (FRAND). An overview on the potential approach for patented technology to manage serious unmet or urgent medical need, is provided. Prevention on the delay in the development of sequential innovations, is also mentioned.
- Published
- 2018
- Full Text
- View/download PDF
47. Is CRISPR Different? Considering Exclusivity for ResearchTools, Therapeutics, and Everything In Between.
- Author
-
Contreras, Jorge L.
- Subjects
- *
PATENT law , *BIOTECHNOLOGY , *CANCER chemotherapy , *DNA , *GENETIC techniques , *POLYMERASE chain reaction , *ANTIRETROVIRAL agents - Abstract
The article examines the possible effect of patents to the dissemination and application of CRISPR gene editing technology. Information about the technologies recombinant DNA and polymerase chain reaction (PCR) for CRISPR, is highlighted. An overview on the recommendations for realistic and workable guidelines in patenting and licensing, is also provided.
- Published
- 2018
- Full Text
- View/download PDF
48. Foundational Technologies and Accountability.
- Author
-
Hilgartner, Stephen
- Subjects
- *
PATENT law , *BIOTECHNOLOGY , *GENETIC polymorphisms , *INTELLECTUAL property , *RESPONSIBILITY , *SOCIAL justice , *GENETIC testing , *BRCA genes - Abstract
The article examines on the impact of patents over foundational technologies to aggravate and lock inequalities. It highlights the encouragement of higher prices, broaden of research agenda and inhibition of alternatives when producing access to intellectual property. An overview on the research in science and technology studies (STS) for the outcome of negotiations, is also mentioned.
- Published
- 2018
- Full Text
- View/download PDF
49. Don Lamberton’s dissenting statement of 1984.
- Author
-
Macdonald, Stuart
- Subjects
- *
PATENT law - Abstract
An excerpt from the report "Patents, Innovation and Competition in Australia" by the of Australia's Industrial Property Advisory Committee member Don Lamberton's statement is presented which focuses on the patent laws in Australia.
- Published
- 2015
- Full Text
- View/download PDF
50. Lessons that Europe can learn from the US patent assertion entity phenomenon.
- Author
-
Gabison, Garry A.
- Subjects
- *
PATENT law , *INVENTORS , *PATENT infringement , *JURISDICTION - Abstract
This paper investigates the patent assertion entities (PAEs) problem in Europe. First, it argues that PAEs should be not as active in Europe as it is in the USA simply because European inventors infringe less. They infringe less because there are fewer patents to infringe. PAEs, however, can still thrive in Europe. Using the example of the UK, this paper shows that PAEs visible activities are non-negligible even if they pale compare to the level of activities in the USA. Using the example of France, this paper shows that governments have not waited for PAEs to come their countries; some have taken steps to create their own governmentally sponsored PAE. Finally, this paper argues that the USA is trying to learn from the EU and bring fee-shifting to their system; fee shifting, in and of itself cannot solve the PAE problem. This paper also argues that the EU is taken on some of the problem as the USA and responding in similar ways with regard to injunctions; injunction remains an important part of the PAE arsenal; yet, the highest courts in both jurisdictions have made clear that infringing a patent does not automatically great a patent holder a right to exclude others. The paper concludes by discussing the Unitary Patent Court system and the impact it will have on PAE activities in Europe: some PAEs may benefit but most will still find Europe a hostile environment for their activities. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.