8,553 results on '"PATENT law"'
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2. Rise of the (3D printing) machines in healthcare
- Author
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Jewell, Catherine M. and Stones, James A.
- Published
- 2024
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3. Intellectual property law protection for energy-efficient innovation in Saudi Arabia
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Sarabdeen, Jawahitha and Mohamed Ishak, Mohamed Mazahir
- Published
- 2024
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4. Suppliers' entry, upgrading, and innovation in mining GVCs: lessons from Argentina, Brazil, and Peru.
- Author
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Pietrobelli, Carlo, Olvera, Beatriz Calzada, Iizuka, Michiko, and Mazzi, Caio Torres
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INDUSTRIAL organization (Economic theory) ,COPPER ores ,VALUE chains ,COPPER ,INTERNATIONAL trade ,SUPPLIERS ,PATENT law - Abstract
This paper studies whether the mining sector can represent a true engine of growth for selected Latin American countries through the suppliers' entry and upgrading within mining value chains. We start by using international trade data to study where mining value is added and how rents are distributed across countries. Despite their importance in the production and exports of copper ores and concentrate, the participation of the selected Latin American countries in copper value chains is still confined to the upstream segment. Moreover, their share of innovation relevant for the sector remains very limited, although new data on patenting and publications show that the sector is becoming increasingly innovative worldwide. Then, we use new microeconomic evidence from case-studies in Latin America to explore the specific opportunities and obstacles faced by mining suppliers in entering the value chain and upgrading within it, and how the regulatory and innovation systems have influenced this process. We show that barriers related to the contractual practices, lead firms' attitudes, and the hierarchical industrial organization of the sector, coupled with the countries' weaknesses in local innovation and regulatory systems, have been contributing to hamper suppliers' entry into mining value chains and upgrading. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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5. ESTOP ME NOW: THE NEED FOR EXTRINSIC EVIDENCE IN REBUTTING PROSECUTION HISTORY ESTOPPEL VIA TANGENTIAL AMENDMENTS.
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WHEELER, WILLIAM F.
- Subjects
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PATENT law , *LEGAL evidence , *APPELLATE courts , *PRESUMPTIONS (Law) , *JURISPRUDENCE - Abstract
In 2002, in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the U.S. Supreme Court significantly changed patent law when it rejected the Federal Circuit's absolute bar approach to prosecution history estoppel. The decision expanded the doctrine of equivalents by creating three exceptions to prosecution history estoppel. Of the three exceptions, however, the Court provided de minimis guidance on the tangential amendment exception, leaving the Federal Circuit to sort out when a narrowing claim amendment is only tangentially related to a claimed equivalent. This ambiguity has resulted in pronounced inconsistency among Federal Circuit panels in deciphering the scope of this exception. Differing judicial approaches in interpreting gaps within the prosecution history record have further compounded this inconsistency. Moreover, the nuanced challenges that patents in complex and evolving fields pose has led to a more lenient application of the exception in these fields compared to patents in other domains. Consequently, the jurisprudence stands in a state of disarray, lacking the essential clarity needed for equitable implementation. This Note argues that to rectify this ambiguity and align with the Festo decision, patentees should be allowed to present extrinsic evidence. Relying solely on intrinsic evidence, which often offers limited and unreliable information, has overly emphasized the notice function of the prosecution record. The Warner-Jenkins presumptions, combined with extrinsic evidence to challenge estoppel through tangentiality, presents a balanced approach, promoting fairness and equity among patentees. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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6. Defeating Patent Trolls at the Pleading Stage: A New Approach to Attacking Means-Plus-Function Patents.
- Author
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Spagnuolo, Nicholas R.
- Subjects
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NONPRACTICING entities (Patent law) , *PATENTABILITY , *PATENT law , *MOTIONS to dismiss , *DISTRICT courts - Abstract
Courts have recently been struggling to answer an open question related to whether patent validity can be challenged at the pleading stage. In Alice Corp. v. CLS Bank International, the Supreme Court created a "litigation gatekeeper" for patent eligibility claims. Yet, lower courts come to conflicting conclusions whenfaced with early-stage motions to dismiss based on validity. No article has focused on how the analytical framework used by district courts in a motion to dismiss for ineligibility under Alice can be extended to other areas of patent law. I conclude that patent validity may be determined as an issue of law for a judge. As an issue of law, validity can be challenged at the pleadingstage for a portion of patents that cannot be revived through claim construction. The Article proposes an analytical framework that mirrors the steps of patent ineligibility for district courts to use when faced with a motion to dismiss for invalidity with means-plus-functions claims. Means-plus-function claims present broad language that makes them more susceptible to abuse by non-practicing entities who intend on asserting overbroad patents to force settlements (known as "patent trolls"1 District courts have been wary to entertain motion to dismiss on invalidity at the pleading stage, creating a "settled practice" of delaying a ruling. But, by delaying a ruling, district courts are providing economic ammunition to patent trolls, which creates a hardship for many alleged infringers. In short, by using the provided framework, alleged infringers are protected by resolving claims early in litigation, which lowers the transactional cost of challenging overbroad patents and promotes innovation and growth within the patent system. [ABSTRACT FROM AUTHOR]
- Published
- 2025
7. Undressing AI: Transparency Through Patents.
- Author
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Perritt Jr., Henry H.
- Subjects
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GENERATIVE artificial intelligence , *INTELLECTUAL property , *PATENTABILITY , *PATENT law , *PATENT applications - Abstract
Pressures for more flexible acceptance of patent applications involving computer inventions and pressures to require greater transparency of generative artificial intelligence ("Al") products may represent a perfect storm for patent eligibility clarification and for AI transparency. The revolution in artificialintelligence technology has led to an upsurge in applications for patents covering AI inventions. Whether these inventions are eligible for patent protection intensifies a vigorous debate that has surrounded two Supreme Court decisions in the last ten years that erect barriers to statutory eligibility for patents. These two cases, known collectively as "Alice/Mayo," superimpose judicial exceptions disqualifying subject matter that literally qualifies under the language of the patent statutes. The controversy, even before Ars arrival on the scene, pits innovators seeking broader intellectual property protection over computer software and biotechnology against those who claim that aggressive intellectual property rights and enforcement stifles rather than stimulates innovation. The unusual characteristics of generative AI technology mean that applications for genuine inventions in the area can break down some barriers that have artificially circumscribed patent eligibility. Properly described, these characteristics, combined with commentator suggestions about how Alice/Mayo should be understood and applied, can permit patent law to adapt appropriately, even without legislative reform. One of the loudest calls for regulating AI demands transparency. Transparency is a requirement for obtaining a patent. Developers have been grudging in their response because of the need to protect trade secrets. Greater reliance on patents to protect AI innovations will meet the proprietary needs of AI developers to protect against free riding on their innovations, while also responding to regulatory and legislative movements to make AI transparent. Legislation now pending in Congress to amend the patent act and get rid of the judicial exceptions probably is not going to get enacted, but the clamor to regulate Al may intrude into the intellectual property arena, giving new political impetus to changing perspectives on patents for twenty-first century technology. A perfect storm may allow inventors and their patent lawyers to retire from the battlefield and go back into the lab. [ABSTRACT FROM AUTHOR]
- Published
- 2025
8. 'AI is not an Inventor': Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions.
- Author
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Matulionyte, Rita
- Subjects
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PATENT law , *PATENTABILITY , *ARTIFICIAL intelligence , *LEGAL judgments , *APPELLATE courts - Abstract
The increasing use of Artificial Intelligence (AI) technologies in inventive processes raises numerous patent law issues, including whether AI can be an inventor under law and who owns the AI‐generated inventions. The UK Supreme Court decision in Thaler v Comptroller of Patents, Designs and Trademarks has provided an ultimate answer to this question: AI cannot be an inventor for the purposes of patent law. This note argues, first, that while such a human‐centric approach to inventorship might discourage the use and development of AI technologies with autonomous invention capabilities, it will help retain an active human involvement in technologically supported inventive processes and continuously foster human ingenuity. Second, despite the Court focusing on what patent law is and not on what the law should be, the decision will be influential in the ongoing discussions on the future of patent law and will make it more difficult to expand patent law to incorporate non‐human inventors. Third, the decision has opened, or revealed, the gaps in patent law that the emergence of AI technologies have created and for which new legal solutions will be needed, especially with relation to the ownership of AI‐assisted inventions and the validation of inventorship claims. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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9. Predictable Unpredictability: The Surprising Administrability of Patent Subject Matter Eligibility.
- Author
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Datzov, Nikola L. and Rantanen, Jason
- Subjects
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PATENT offices , *PATENT law , *PATENTABILITY , *JUDGES , *APPELLATE courts - Abstract
More than a decade has passed since the Supreme Court established the current framework for evaluating patent subject matter eligibility. Despite widespread recognition that subject matter eligibility is one of the most important areas of patent law, the impact of the Supreme Court's decisions continues to draw sharp criticism and remains a hotly contested issue. As the law has developed over the past decade, a number of popular narratives have emerged. None have been more popular and polarizing than the often-repeated purported fatal flaw that the framework cannot be applied predictably. Too many critics to count--including academics, practitioners, legislators, and judges--have lambasted the patent eligibility framework as an unpredictable morass of confusion. Yet, these claims that the doctrine is unpredictable stand on shaky empirical ground. Drawing on the most complete dataset of § 101 appellate cases collected to date, we examine the Federal Circuit's case law at a more comprehensive and granular level than any prior study to better understand how the sole patent appellate court has shaped and evolved this controversial doctrine. Using a multi-dimensional approach to assessing doctrinal predictability, including a novel metric that examines not just outcomes but judicial assessment, we assess whether patent subject matter eligibility doctrine is as unpredictable as the popular narrative claims. Our findings reveal a patent eligible subject matter jurisprudence that looks remarkably like other patent law issues at the Federal Circuit, and one that lacks the kinds of empirical hallmarks that we would expect given the rhetoric. Specifically, we find that district courts and the U.S. Patent and Trademark Office are not only getting the right result nearly every time, they also make very few errors in applying the law. Moreover, in all but a few cases, Federal Circuit judges show remarkable agreement in deciding § 101 issues. In fact, Federal Circuit judges dissent less frequently in § 101 cases than they do in other types of patent cases. Ultimately, this systematic analysis of Federal Circuit § 101 decisions reveals that there is significant reason to think the popular narrative that § 101 and the Mayo/Alice framework cannot be predictably applied, particularly by judges, is more of a misconception than an accurate narrative. [ABSTRACT FROM AUTHOR]
- Published
- 2025
10. Patents, gendered bodies and innovation: a case study on contraceptives.
- Author
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Lai, Jessica C
- Subjects
PATENT law ,SEX discrimination - Abstract
The Anthropocene, while a recently popularized term, is part of a long history theorizing human impact globally. Since the 1970s, a chief focus of modulating this impact was population control. While the Anthropocene is about the human impact on the Earth, to date, the contraceptive burden lies with women , using invasive technologies that can have highly detrimental side effects. This article uses patent records to consider the sources of this disparity, including how post-grant patent law theories based on incentives to innovate ignore gender narratives and the varying ways in which society evaluates different bodies, and how this has different consequences for invention and innovation. As we are not yet in a post-gender world, it is important that our post-grant patent theory considers gender. This is necessary if we are to meet the challenges that face all of humankind. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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11. The race for global FRAND rate setting: where does the Unified Patent Court stand?
- Author
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Jagdev, Rajvinder and Robinson, Claire
- Subjects
PATENT law ,JURISPRUDENCE - Abstract
In this article, we take stock of the Unified Patent Court (UPC)'s approach to fair, reasonable and non-discriminatory (FRAND) issues in its first 16 months of operation and place this in the context of the rapidly developing international FRAND jurisprudence, where cases are increasingly focusing on FRAND rate setting. As the number of standard-essential patent actions filed in the UPC grows, developments are occurring on an almost weekly basis. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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12. Publicity of proceedings before the Unified Patent Court.
- Author
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Schröder, Vilhelm
- Subjects
PATENT law ,LEGAL procedure - Abstract
On 1 June 2023, the Unified Patent Court (UPC) opened its doors. One of the most discussed and debated topics during the first year of operation of the UPC has been the publicity of the proceedings. This article discusses (i) access requests by the public, and (ii) restricting access within the proceedings. The court has now handed down several decisions on access requests by the public. Different approaches were adopted by the Munich section of the central division and the Nordic-Baltic regional division. The order by the latter division was appealed and we now have guidelines from the Court of Appeal on how the rules should be interpreted. The UPC has also given several orders related to the protection of trade secrets and confidential information within the proceedings. The questions the court has had to deal with are far from easy. They require careful balancing of several interests, such as publicity and confidentiality as well as the right to a fair trial. The Hague local division held that access to certain documents could be restricted only to legal representatives ('attorneys' eyes only'), where the relevant party had waived its right to review the documents. Generally, however, the UPC has in its orders allowed at least one natural person from each party to review all documents, which follows the wording of the Rules of Procedure. The Court of Appeal is yet to rule on these questions. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
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13. Public access to the register of the Unified Patent Court: unprecedented transparency with unfounded limitations.
- Author
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Galeotta, Giorgia, Khuchua, Tamar, and Stierle, Martin
- Subjects
APPELLATE courts ,PATENT law ,COURT records - Abstract
This paper addresses the approach of the Court of Appeal of the Unified Patent Court (UPC) towards the principle of transparency focusing on the standards set for public access to written pleadings and evidence lodged at the UPC and recorded by its Registry. We argue that the UPC Court of Appeal shapes a concept of openness with its decision in the case Ocado v Stothers , which goes way beyond the known standards for public access to such documents in the major national forums for patent litigation in the European Union. Although this tendency is most welcome, at the same time, the Court of Appeal also limited the open access to documents in an unfounded manner by holding that the general interest of justice and public order can restrict the right to access and by requiring representation for access to court documents by the public. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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14. Orders to preserve evidence at the Unified Patent Court: a practical guide.
- Author
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Lauzeral, Marc and Signoroni, Stella
- Subjects
PATENT law ,PATENT suits ,INTELLECTUAL property - Abstract
This article aims to provide a practical guide on the conditions to fulfil to obtain an order to preserve evidence as provided in the Agreement on the Unified Patent Court and in the Rules of Procedure, based on the decisions of the Unified Patent Court's (UPC) local divisions on this topic. After a brief justification of the existence of this type of measures in front of the UPC, this guide will discuss the key differences between ex parte and inter partes measures to preserve evidence, and it will outline how the judges have so far interpreted the conditions to obtain such measures. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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15. The bifurcation challenge at the Unified Patent Court.
- Author
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Dani, Martina
- Subjects
PATENT law ,PATENT suits - Abstract
Among the issues that have been examined during the preparatory phase for establishing the Unified Patent Court (UPC), bifurcation is one of the most discussed and criticized. In this article, the trends towards bifurcation developed during the first year of the UPC operations will be examined, thus offering valuable insights into what we can expect to see in the near future. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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16. Author Index (Volume 19).
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SCIENCE publishing , *PATENT law , *ISLAM , *BASIL , *SONGS - Published
- 2024
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17. THE LEGAL PROTECTION OF PATENTS ON PHYTOPHARMACEUTICAL PRODUCTS IN INDONESIA: CASE STUDIES AND THEORETICAL PERSPECTIVES.
- Author
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Tjandrawinata, Raymond R. and Budi, Henry Soelistyo
- Subjects
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INTELLECTUAL property , *PATENT law , *SUSTAINABILITY , *DISTRIBUTIVE justice , *TRADITIONAL knowledge - Abstract
Indonesia has great potential in the development of biowealthbased phytopharmaceutical products, considering its rich natural wealth and traditional medicine traditions. This study uses theories of legal utilitarianism, distributive justice, and legal positivism to explore the challenges facing Indonesia, as well as opportunities for more inclusive and adaptive reforms. This analysis employs a normative juridical approach, focusing on the analysis of written laws, regulations, doctrines and legal interpretations related to patent protection for phytopharmaceutic products. This approach enables a thorough understanding of the patent legal framework in Indonesia and its practical implementation. The case study method is used to evaluate several patents registered with the Directorate General of Intellectual Property (DJKI). The results show that Indonesia is facing a number of complex legal challenges in the patent registration process, ranging from barriers to novelty criteria and inventive steps to lengthy administrative processes. In addition, Indonesia needs to strengthen its national patent system and intellectual property protection strategies to ensure that local communities benefit fairly from the use of their traditional knowledge. This research could investigate how these mechanisms influence innovation within local communities and their role in fostering sustainable practices. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
18. An experimental investigation of the effects on microwave measurement in a free-space method from different properties of a radiating patch antenna.
- Author
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Cao, Jiayi, Toda, Yoshihiro, and Zhang, Yangjun
- Subjects
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MICROWAVE attenuation , *ANTENNAS (Electronics) , *MICROWAVE measurements , *PATENT law , *MICROWAVES - Abstract
The microwave free-space technique is an important method to characterize material properties in the scientific fields and actual applications. A microstrip patch antenna is a good radiating element to construct a compact, low-cost free-space setup. It is necessary to clarify the effects of different properties of radiating patch antenna. In this study, microwave attenuation and phase shift are measured with patch antennas with different radiated microwave power and gain. Both the experimental results of attenuation and phase shift show that a high gain of the radiating elements is helpful to measure the microwave parameters in the free-space method accurately, while improving radiating power has less effect. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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19. Looking at Patent Law: Patenting an Invention for Decarbonized Cement Blends; A Case Study...Electrochemical Cement Production.
- Author
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Taylor, E. Jennings and Inman, Maria
- Subjects
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PATENT law , *TECHNOLOGICAL innovations , *PATENT applications , *CEMENT industries , *POWER of attorney , *INVENTIONS - Abstract
IIn this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 12,065,379; "Decarbonized Cement Blends." The subject invention aligns with an important focus of The Electrochemical Society (ECS) on sustainability and the technical interests of several divisions including Energy Technology (ETD), Industrial Electrochemistry and Electrochemical Engineering (IE&EE), and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) march-in rights for government sponsored research, 4) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 5) summary of the non-final office action rejecting the patent application for obviousness, and 6) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from a dependent claim to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant-initiated request for prioritized examination for patent applications addressing environmental issues. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
20. Author index Volume 33.
- Subjects
- *
THETA functions , *TORUS , *SCIENCE publishing , *ORBIFOLDS , *PATENT law , *KNOT theory , *DOODLES - Published
- 2024
- Full Text
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21. الحماية القانونية لريادة الأعمال من خلال أحكام براءة الاختراع.
- Author
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أحمد سامي المعمو and ذو الفقار عباس رز
- Subjects
INTELLECTUAL property ,BUSINESSPEOPLE ,PATENT law ,CULTIVARS ,ECONOMIC development - Abstract
Copyright of Kufa Studies Center Journal is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
22. К 200-летию первой русской экспедиции в Бразилию: страницы истории
- Author
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Шевченко, Наталья Александровна, Капитанец, Юлия Владимировна, Зинчук, Галина Михайловна, and Красюкова, Наталья Львовна
- Subjects
WESTERN countries ,PLANT collecting ,INDIGENOUS peoples ,PATENT law ,CONTENT analysis ,SCIENTIFIC expeditions - Abstract
Copyright of Bylye Gody is the property of Cherkas Global University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
23. Designation of Inventor for 'AI-Generated Inventions'.
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PATENT offices ,PATENTABILITY ,SCIENTIFIC knowledge ,PATENT applications ,ARTIFICIAL intelligence ,PATENT law ,INTANGIBLE property - Abstract
The article discusses a legal case regarding the designation of an inventor for AI-generated inventions under patent law. The Federal Supreme Court ruled that only a natural person can be designated as an inventor, not a machine system with artificial intelligence functions. The court emphasized the need for a human contribution that significantly influences the overall success of the invention to qualify as an inventor. The decision enables patent protection for computer-generated inventions, addressing questions about inventorship, patent eligibility, and inventive step in the context of AI-generated inventions. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
24. Personalisation of Trade Mark Goods.
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BRAND name products ,INTELLECTUAL property ,LEGAL judgments ,PATENT law ,CIVIL procedure ,TRADEMARKS ,WARRANTY - Abstract
The article delves into a legal case involving A._ SA, a company that customizes luxury watches, primarily Rolex, for customers. It explores the fine line between lawful personalization services and unauthorized marketing of modified products bearing the original brand name. The Federal Supreme Court ruled against A._ SA, finding their activities to infringe on trademark laws and not covered by trade mark exhaustion. The court ordered a reexamination of the case by the lower court and an equal sharing of costs between the parties involved. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
25. Patent Trolls and the Market for Acquisitions.
- Author
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Dayani, Arash
- Subjects
NONPRACTICING entities (Patent law) ,MERGERS & acquisitions ,SMALL business ,PATENT suits ,STATE laws ,RESEARCH & development ,PATENT law ,PATENT infringement - Abstract
I study the effect of patent-infringement claims by patent trolls on acquisitions of small firms. Exploiting staggered adoption of state anti-patent troll laws, I find that the laws have two effects. First, the number of acquisitions of small firms declines after these laws are adopted. Second, the anti-troll laws increase the acquisition price for acquirers. The market reflects the increased cost of acquisition as measured by lower acquisition announcement returns. Large firms increase R&D after the adoption of state laws, replacing external innovation. Using a sample of acquisitions that are plausibly unaffected by the laws, I disentangle alternative explanations. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
26. Factors influencing the prioritisation of access to medicines in trade‐related intellectual property policymaking in Thailand.
- Author
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Tenni, Brigitte, Lexchin, Joel, Akaleephan, Chutima, Kittitrakul, Chalermsak, Townsend, Belinda, and Gleeson, Deborah
- Subjects
PATENT law ,PATENT licenses ,BALANCE of trade ,INTELLECTUAL property ,PHARMACEUTICAL industry ,MIDDLE-income countries - Abstract
Thailand is facing ongoing trade‐related challenges that threaten access to an affordable and sustainable supply of medicines. Despite Thailand's history of balancing trade pressures and public health priorities, little is known about the factors that enable or constrain a focus on access to medicines in trade‐related intellectual property (IP) decision making. Using document analysis and qualitative interviews, and drawing on Kingdon's Multiple Streams Framework, this qualitative study examines the factors that have enabled or constrained Thailand from focusing on access to medicines in three case studies of trade‐related IP policy: Thailand's patent law and its amendments; its issuance of compulsory licences; and its decision‐making about TRIPS‐plus trade agreements including potential membership of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership. The degree to which access to medicines has been prioritised in Thailand's trade‐related IP policymaking has varied across different types of policymaking and over time. Integral to its successes has been the involvement of the Ministry of Health and sustained advocacy by access to medicines coalitions which exert political pressure, generate evidence, and provide technical assistance to support evidence‐based policy reform. In addition, Thailand's compulsory licencing was made possible by a policy entrepreneur with the motivation and authority to implement policy change. Constraints to Thailand's focus on access to medicines have included its trade dependence on the United States (US), ongoing US trade pressure to implement TRIPS‐plus measures, and intense lobbying from Pharmaceutical Research and Manufacturers of America, the organisation representing US‐based major pharmaceutical companies, to increase IP protection for pharmaceuticals in Thailand. Through the use of Kingdon's framework, this study's focus on three different types of trade‐related IP policymaking has provided a detailed picture of the factors that have influenced the prioritisation of access to medicines and how these have played out in Thailand. Thailand's mixed history with regard to the prioritisation of access to medicines could provide lessons for other low‐ and middle‐income countries facing similar challenges to access to medicines by ensuring that the conditions are right in each of the three streams for windows of opportunity to emerge. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
27. Patenting of agriculture biotechnology in Iraq: Widening the gap between the country's development needs and food security.
- Author
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Khalaf, Nihaya
- Subjects
PLANT germplasm ,PATENT law ,AGRICULTURAL biotechnology ,CULTIVARS ,SUSTAINABLE agriculture ,PATENT infringement - Abstract
In Iraq, plants and biological processes for their production and plant varieties are patentable Under Order (81/2004) in Iraq and later its amendment Law (58/2015). This paper attempts to critically review patent rules related to agricultural biotechnology. It specifically questions the extent to which Iraq's developmental needs were considered when far‐reaching plant related patent protection was granted, The motivation for this study lies in its aim to examine the shift to restrictive exclusionary rights over plant genetic resources, and the implications this shift could have on sustainable agriculture and food security in the country, particularly Iraq lacks technological, institutional and financial capacities that can be directed towards the development of the biotechnology industry in the country. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. The Holy Trinity of Patents, Biotechnology and Sustainability. Review of Biotech Patents in the Scope of US Patent Case Law.
- Author
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Keserű, Barna Arnold and Frank, Máté
- Subjects
AMERICAN law ,PATENT law ,BIOTECHNOLOGY ,SUSTAINABLE development ,PATENTABILITY - Abstract
Patent law plays a crucial role in all three pillars of sustainable development. Economically, patents serve as a highly valuable competitive tool, socially, they promote advancements that benefit public health and nutrition, and environmentally, patents facilitate the development and dissemination of environment-friendly technologies. In recent decades, biotechnology has emerged as one of the most significant patent-intensive industries. This paper examines the evolution of the patentability of biotechnological inventions from the early 1970s to the present day, with a primary focus on the case law of the United States, a predominant actor in this field. The main contributions of this paper are twofold. First, it explores the framework of patentability for biotechnological inventions, particularly focusing on different genomes. Second, the paper considers the potential future of biotechnology, particularly in light of ongoing litigation over CRISPR-Cas9 gene-editing technology. The findings suggest that recent US case law, particularly regarding CRISPR-Cas9, will shape patentability criteria and market access. Over-protection of biotechnology may hinder the fulfillment of sustainable development goals, while the lack of exclusive rights would hold back innovation, which is also harmful to these goals. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
29. EUROPEAN UNION LAW PERSPECTIVE ON THE INTELLECTUAL PROPERTY PROTECTION OF ARTIFICIAL INTELLIGENCE SYSTEMS.
- Author
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D. P., Bohatchuk
- Subjects
INTELLECTUAL property ,ARTIFICIAL intelligence ,EUROPEAN Union law ,COPYRIGHT ,PATENT law ,TRADE secrets ,PERSONALLY identifiable information - Abstract
The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence can be protected by means of copyright. The author analyzes the European Union's copyright acquis and concludes that the elements of the Al system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a "computer-implemented invention" in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. Statistics in Service of Metascience: Measuring Replication Distance with Reproducibility Rate.
- Author
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Buzbas, Erkan O. and Devezer, Berna
- Subjects
- *
INFERENTIAL statistics , *SCIENTIFIC method , *PATENT law , *MEASURING instruments , *STATISTICS - Abstract
Motivated by the recent putative reproducibility crisis, we discuss the relationship between the replicability of scientific studies, the reproducibility of results obtained in these replications, and the philosophy of statistics. Our approach focuses on challenges in specifying scientific studies for scientific inference via statistical inference and is complementary to classical discussions in the philosophy of statistics. We particularly consider the challenges in replicating studies exactly, using the notion of the idealized experiment. We argue against treating reproducibility as an inherently desirable property of scientific results, and in favor of viewing it as a tool to measure the distance between an original study and its replications. To sensibly study the implications of replicability and results reproducibility on inference, such a measure of replication distance is needed. We present an effort to delineate such a framework here, addressing some challenges in capturing the components of scientific studies while identifying others as ongoing issues. We illustrate our measure of replication distance by simulations using a toy example. Rather than replications, we present purposefully planned modifications as an appropriate tool to inform scientific inquiry. Our ability to measure replication distance serves scientists in their search for replication-ready studies. We believe that likelihood-based and evidential approaches may play a critical role towards building statistics that effectively serve the practical needs of science. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. Corpus Linguistics at the U.S. Patent and Trademark Office.
- Author
-
Ebrahim, Tabrez Y.
- Subjects
- *
PATENT offices , *CORPORA , *PATENT suits , *PATENT law , *PATENT applications - Abstract
This Article examines the intersection of corpus linguistics and patent law. It introduces the foundations of corpus linguistics and its application to the law and advances the potential for its application to patent examination at the United States Patent and Trademark Office (USPTO). Historically, the disciplines of corpus linguistics and patent law did not intersect until scholars began to consider the application of corpus linguistics to patent litigation for interpretation of terms in patent claims. Interpretation of legal language provided by corpus linguistics and applied to patent examination at the USPTO has yet to be addressed and is a novel application of a unique case study. As proponents and critics of corpus linguistics continue to debate its benefits and challenges, patent examination at the USPTO presents an opportunity to test its application. Scholars have frequently utilized patent data to assess economic, empirical, and statistical hypotheses. Similarly, the historical records pertaining to patents (as well as databases of other prior art) can serve as a basis for a study based on the application of corpus linguistics at the USPTO. Turning to the normative, this Article concludes with proposed reforms to patent examination based on corpus linguistics and research questions for future studies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
32. MAKE AMERICA HEALTHY: REDUCING HIGH PHARMACEUTICAL PRICES WITHOUT REDUCING INNOVATION.
- Author
-
Ragavan, Srividhya
- Subjects
PATENT offices ,INFLATION Reduction Act of 2022 ,PATENT law ,HEALTH services accessibility ,DRUG prices - Abstract
Cost of medication in the United States has historically remained one of the highest in the world. The conundrum that the United States has faced in balancing innovation with affordability of life-saving medications is palpable, especially when faced with the reality of patent monopolies conflicting with healthcare obligations. The result is an overflow of issues, which emphasize the need to delineate limits on innovation to balance pharmaceutical novelty with robust public health within the United States. This has increasingly shifted the focus of patent law into the realm of healthcare issues. Naturally, it leads to an inquiry about how best to engage in an exercise of prioritizing affordability to enable access to life-saving medications to all people as opposed to a select few. The casualty of the conundrums and conflicts that prevail between patent law and its interludes into healthcare access and trade law is unfortunate and leaves the American consumer literally unhealthy. Meanwhile, a lack of health equity has forced legislators to engage with the public health issues of their constituents to explore solutions that improve affordability and access to high-priced pharmaceuticals. One such legislative solution, the Inflation Reduction Act (IRA) of 2022, forms the backdrop for this paper. With that background, this paper engages with simple questions. How did prices get so high in the first place? What can be done to dismantle barriers to make America healthy, literally? To answer this, the paper addresses the root causes of high drug prices. It explores how established policies and practices, which Americans fund in the first place, limit affordability and access to life-saving medications. In tracing high drug prices to their source, this paper identifies burdensome legal barriers that prevent both generic and biosimilar medications from entering the market in a timely manner. It also identifies solutions. Specifically, the paper explores whether, and if so, how, agency action between the United States Patent and Trademark Office (USPTO) and the United States Food and Drug Administration (FDA) can intervene to alleviate the burdens. To do this effectively, this paper uses the insulin story and the Humira story to discuss market-entry barriers and to provide suggestions for market entry of generic and biosimilar medications. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. Biotechnology and Intellectual Property: The Limits of Animal Patentability in the European Union.
- Author
-
Golubei, Mariia and Pankova, Liliia
- Subjects
ANIMAL breeds ,INTELLECTUAL property ,PATENT law ,BIOTECHNOLOGY - Abstract
The study considers the possibility of patenting animal breeds as objects of intellectual property, taking into account the legislation and law enforcement practices of the European Union. It presents a retrospective analysis and detailed interpretation of the conventional and directive provisions related to the patent protection of animal breeds, and characterizes the differences between the latter and the microbiological process. It was observed that the position of the European Patent Office on this issue was not always unanimous, which was manifested in the contradictory interpretation of the relevant, not perfectly formulated, legislative norms. It was analyzed under what conditions the current position of the EU manifests itself in the fact that an animal breed, as a product of an exclusively biological process, cannot be subject to patent protection. In addition, the concepts of "biological" and "technical processes" were interpreted as additional criteria for patentability concerning living organisms. Attention was also paid to the ethical component of biotechnological inventions and the still problematic aspects of animal breeding as possible results of biotechnological activity were emphasized. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
34. Infringement of European and National Utility Model Patents.
- Subjects
LEGAL judgments ,CIVIL procedure ,PATENT law ,PATENT applications ,CIVIL law ,PATENT infringement ,TRADEMARKS - Abstract
The document discusses a legal case involving the infringement of European and National Utility Model Patents in Italy. The case involves Coiro S. r. l. and Termomeccanica G. L. S. r. l. over a spray booth patent. The court ruled on the validity of the patents, infringement claims, and the application of damages. The document provides detailed legal analysis and interpretations of patent law in Italy. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
35. A Detailed Examination of China's Amended Patent Act Implementing Regulations and Patent Examination Guidelines.
- Author
-
Ganea, Peter
- Subjects
PATENT law ,INTELLECTUAL property ,PATENTS ,PROSECUTION - Abstract
In December 2023, the State Council and the China National Intellectual Property Administration (CNIPA) amended two important pieces of secondary patent law. One is the Patent Act Implementing Regulations, which provide detailed guidance on the Patent Act's provisions on patent prosecution, the China-specific peculiar administrative enforcement and other issues. The second is the Patent Examination Guidelines, which instruct patent examiners on examination, reexamination, invalidation, and other matters to be dealt with by the CNIPA. The amendments, which entered into force on 1 January 2024, made the two provisions compliant with the current version of the Patent Act after its fourth amendment of 2020. This article will outline the most important aspects of the amendments. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. LKQ realigns US design patent law on obviousness with KSR.
- Author
-
Macedo, Charles R, Goldberg, David P, Hart, Thomas, and Zipper, Jamie
- Subjects
PATENT law ,PATENTS - Published
- 2024
- Full Text
- View/download PDF
37. Apuntes sobre el licenciamiento obligatorio de patentes de invención en México.
- Author
-
Campa Navarro, Juan Ignacio
- Subjects
- *
PATENT law , *TECHNOLOGICAL innovations , *NATIONAL territory , *ECONOMIC impact , *ECONOMIC development , *PATENT licenses - Abstract
Technological innovation is a crucial factor in the technological and economic development of nations today. Ownership and appropriation policies of patents are an important part of innovation processes. The compulsory license is an instrument that in principle aims towards these objectives. However, in Mexico, despite the fact that compulsory licensing was incorporated into patent legislation more than a century ago, it has been exercised very rarely. The overwhelming lack of registration of compulsory licenses has been due, among other factors, to the gaps and insufficiencies in the specifications that patent laws have established to regulate the compulsory licensing process, aspects that have led to contradictions and discretions that erode the propensity to use compulsory licenses by those interested in exploiting patents in national territory. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
38. Nihilistic Times: Thinking with Max Weber.
- Author
-
Okumuş, Ahmet
- Subjects
- *
PATENT law , *EDEN , *COLLOIDS , *VOCATION , *ETHICS - Abstract
In the article "Nihilistic Times: Thinking with Max Weber," Wendy Brown explores the concept of nihilism and its relevance in today's society. Drawing from the works of Max Weber, Brown suggests that we can find guidance for our political and scientific activities by examining Weber's perspectives on science and politics. The article discusses the tension between ethics of conviction and ethics of responsibility in both politics and academia, emphasizing the importance of ethical responsibility in politics and the need for individuals to tolerate different values and engage in constructive interventions in public life. The text also highlights the challenges faced by academia in maintaining its integrity and the importance of values in education. The author suggests that Weber's ideas can be applied to contemporary political discussions, particularly within the context of the left, and emphasizes the need for effective leadership and a nuanced understanding of values in politics. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
39. Looking at Patent Law Patenting an Invention for Improved Electrochemical Machining by Combining Magnetic Field Waveforms, Ultrasonic Motion, and Pulsed Electric Field Waveforms: A Case Study ...Overcoming an Obviousness-based Prior Art Rejection.
- Author
-
Jennings Taylor, E. and Inman, Maria
- Subjects
- *
ELECTROCHEMICAL cutting , *TECHNOLOGICAL innovations , *PATENT law , *PATENT applications , *POWER of attorney , *INVENTIONS - Abstract
In this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 10,357,839; "Method for Electrochemical Machining using Sympathetic Waveform Interactions". The subject invention aligns with the technical interests of several divisions of The Electrochemical Society (ECS), including Corrosion (CORR), Industrial Electrochemistry and Electrochemical Engineering (IE&EE) and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 4) summary of the non-final office action rejecting the patent application for obviousness, and 5) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from the dependent claims and the specification to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant initiated nonpublication exception to the eighteen month publication rule. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
40. EARNING TRADE SECRETS.
- Author
-
Pishman, Joseph P. and Varadarqjan, Deepa
- Subjects
PROTECTION of trade secrets ,INTELLECTUAL property ,TRADE secrets ,PATENT law ,CONSUMER complaints - Abstract
Every intellectual property right, like every property Tight generally, has a moment Qf birth. Whether and when that moment occurs depend on doctrines of original acquisition. In most IP regimes, these doctrines are so fundamental that they've been reduced to a single verb. One can get a patent only by inventing, or a copyright only by authoring. The modern law of trade secrecy, however remains strangely quiet on its own rules of original acquisition. While it asks whether the claimed ir® rmation is secret enough and whether the owner is guarding that secret, it sidesteps the basic question of what that would-be owner must do in order to earn legal protection in the Jirst place. That inattention is becoming more troubling. Firms are increasingly weaponizing the broad definition of trade secrets to assert rights over any information that they want to shield from public scrutiny, *om workplace irjury statistics to employee diversity data to consumer complaints. In many cases, the firm made no real effort to develop the information, and in the most egregious ones the firm would rather the information not exist at all. Still, under the black-letter eligibility test, it's not clear that thosefacts would bar a claim. Inl this Article, however we argue that trade secrecy does indeed possess a neglected doctrine of original acquisitionand its proper application could dispose Qfsorne of these perverse claims. In order to receive the legal entitlement, we contend, a claimant must have made some meaningful economic investment in causing the 01/brmation to exist. While tying trade secret protection to development cost has a long pedigree at common lau), it doesn't get the attention it deserves today because it's not mentioned in any governing statute. Yet as we show, many cases nevertheless continue to treat development cost as afreestanding eligibility consideration anyway. Emphasizing investment within trade secrecy's law of original acquisition is a policy lever hiding in plain sight within classical doctrine. While conditioning eligibility on this sort of sweat equity isfamously atfured by both copylight and patent law, we explain why it makes far more sensejor trade secrets. [ABSTRACT FROM AUTHOR]
- Published
- 2024
41. JUST FOR SHOW: ELIMINATING JUDICIAL EXCEPTIONS TO SECTION 101 WOULD RENDER LIMITS ON PATENT-ELIGIBLE SUBJECT MATTER MEANINGLESS.
- Author
-
Crocker, Katie
- Subjects
PATENT law ,PATENT offices ,PATENTABILITY ,AMERICAN law ,LEGAL reasoning ,AMICI curiae ,TRIZ theory - Abstract
This document provides a summary of the subject matter eligibility standard in United States patent law and the ongoing debate surrounding it. It discusses the historical evolution of the standard and highlights four modern cases that have shaped it. The article also examines the Patent Eligibility Restoration Act of 2023, which aims to amend the standard, and argues against its adoption, citing concerns about broad patents and potential hindrance to innovation. The text further explores the categories of patent-ineligible subject matter and emphasizes the importance of practical application in the patent process. It concludes by discussing the criticism and support for the current standard and the proposed changes. [Extracted from the article]
- Published
- 2024
42. The European Research and Bolar Exemptions ‒ Background, Status Quo and a Look at the Agreement on a Unified Patent Court (UPCA) and the EU Commission's New Draft Directive for the Reform of Pharmaceutical Legislation.
- Author
-
Stief, Marco
- Subjects
DRUG patents ,PATENT reform ,PATENTS ,GOVERNMENT aid ,PATENT law ,TECHNOLOGICAL progress ,MARKET entry ,REFORMS - Abstract
A patent is a form of state monopoly granted to the owner of an invention. A patent rewards its owner with exclusive rights in exchange for innovation ('quid pro quo') for a limited period of time. These exclusive rights allow the patent holder to prohibit others from using the patented invention, helping to recover their research and development (R&D) costs and thereby create an incentive for further innovation. However, patents can hinder technical progress if no restrictions are imposed. Therefore, exceptions and restrictions exist to balance patent protection with the right to freedom of research under Art. 13 of the EU Charter. The most important exceptions are the so-called Bolar and research exemptions. The Bolar exemption allows generics manufacturers to seek authorization or approval under pharmaceutical law before a patent expires, enabling market entry immediately after patent expiration. The research exemption permits the use of patented inventions for research purposes. These two exceptions are increasingly important due to a shift in patent law favoring patent holders through simplified procedures and expanded rights. This article briefly outlines the history and application requirements of these two exemptions and the limits and restrictions to be observed. It also discusses the national differences in application of the Bolar and research exemptions within Europe and the new Art. 27 UPCA introduced in June 2023. Finally, the proposed amendments published in April 2023 as part of the new European pharmaceutical package will be discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
43. ТЕОРЕТИКО-ПРАВОВІ ДОСЛІДЖЕННЯ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СУЧАСНИЙ СТАН ТА ПІЗНАВАЛЬНІ ВИКЛИКИ
- Author
-
М. В., Котенко
- Subjects
INTELLECTUAL property ,MENTAL work ,SCIENTIFIC knowledge ,INTELLECTUAL development ,PATENT law - Abstract
In the work, the author focuses on scientific works in which intellectual property is studied from the point of view of its theoretical and legal aspects. It is noted that intellectual property is a multidisciplinary phenomenon, is the subject of research in a wide range of social sciences, including legal ones. The theoretical and legal dimension of intellectual property is particularly important in the modern conditions of the development of its legal regulation, which is capable of both strengthening the scientific study of its legal properties and developing scientifically based recommendations on increasing the effectiveness of the use of various legal means and methods necessary to ensure the protection and protection of rights intellectual property, stimulation of intellectual activity, etc. It was noted that various theoretical and legal aspects of intellectual property, including the question of its value understanding, to one degree or another were the subject of scientific research by various domestic and foreign scientists. Based on the analysis of the works of legal theorists, it was concluded that in legal science, intellectual property scientific research is presented quite widely and reflected in numerous scientific works of both domestic and foreign scientists. This indicates a rather detailed analysis of various legal aspects of intellectual property. However, characterizing the existing scientific works as a whole, it is worth noting their cumulative nature, which in essence are created and developed according to the cumulative principle, lacking systematicity and sequence of development. Today, in legal science, works of a theoretical-legal content, which have a high degree of conceptuality, organically combine both issues of a theoretical-legal and practical nature are quite sporadically presented. Mostly scientific works have a narrow spectrum of scientific knowledge, investigating one or another legal aspect of intellectual property. The same can be said about the development of intellectual property research. Mostly, they are separated from each other, which is due to the lack of unified conceptual foundations of promising directions for the development of scientific research of intellectual property. This confirms the need, on the one hand, to strengthen theoretical and legal studies of intellectual property as a legal phenomenon, and on the other hand, to emphasize the importance of conceptualizing such scientific studies, the basis of which should be the appropriate methodological approach or their combination. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
44. ACCESS TO ESSENTIAL MEDICINES IN INDIA: THE ROLE OF INNOVATIONS, PATENTS, AND INTELLECTUAL PROPERTY RIGHTS.
- Author
-
A., Prassanna Tulasi, Ahmad, Imteyaz, Dehury, Ranjit Kumar, and Behera, Manas Ranjan
- Subjects
INTELLECTUAL property ,DRUG patents ,BUSINESS negotiation ,GENERIC drugs ,PATENT law - Abstract
The role of essential medicines is to smoothen life and overall improvement of health in the society. However, increased demand for medications and the role of patent rights are forcing a lack of access to essential medicines. Innovations in crucial times helped solve many population issues. Despite the availability of medication technology, there is a shortage or non-availability of essential medicines in various parts of the world. This is indirectly attributed to the existing patent laws and intellectual property rights. This paper argues in favour of and against the pharmaceutical sector’s patent laws in the context of access to medicines. Further, access to medicine is discussed in the context of the non-availability of medications among the vulnerable population in India and the world. The Indian setup helps in acquiring world technologies in various business negotiations. There is also a need for support in terms of resources and ecosystems in India for further development. Given that multi-national companies are interested in the Indian market, many things can be done quickly. However, the gain in the patent rights may not help solve the issues of access to essential medicines. Public financing for research can be much more useful for access to medicine. Overall, patent rights must not be a hurdle for addressing public health issues in the process of increasing access to medicines. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
45. AUTHOR INDEX (VOLUME 31).
- Subjects
- *
SCIENCE publishing , *PATENT law , *AGAR , *SPIES , *SONGS - Published
- 2024
- Full Text
- View/download PDF
46. Author Index (Volume 14).
- Subjects
ARTEMISININ ,SCIENCE publishing ,DIELECTRIC properties ,PATENT law ,DIELECTRICS - Abstract
The document is an author index for Volume 14 of the Journal of Advanced Dielectrics, listing numerous authors and their corresponding article numbers. The index includes a diverse range of authors from various cultural backgrounds, contributing to the field of dielectrics research. The document provides a comprehensive list of authors and their respective articles, showcasing the global reach and collaboration within the scientific community. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
47. PATENT LAW'S ROLE IN PROTECTING PUBLIC HEALTH.
- Author
-
Seymore, Sean B.
- Subjects
INVENTIONS ,PUBLIC health ,DIETARY supplements ,SEWAGE disposal plants ,PATENT law - Abstract
Innumerable inventions implicate public health--including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions--whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they've disrupted the delicate balance of two competing policy objectives in patent law--enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases--by making public health an affirmative defense to infringement. If the patent owner has engaged in invention-related egregious misconduct that's jeopardized public health, the court could render the patent unenforceable by dismissing the lawsuit. Or the court could render the patent temporarily unenforceable until the misconduct ceases and its ill effects on public health dissipate. This proposal aligns with the increasing use of equitable remedies in patent disputes and raises interesting normative and policy questions about the role of public health issues in patent law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
48. Copyright Violation in Works of Art Using the Form of Non-Fungible Tokens (NFT) in the Era of Digitalization.
- Author
-
Yoga, Dimas, Susilowati, Tri, and Tohari, Mohamad
- Subjects
INTELLECTUAL property ,COPYRIGHT ,COPYRIGHT infringement ,PATENT law ,NON-fungible tokens - Abstract
Intellectual Property Rights (IPR) are exclusive rights granted by the state to individuals or groups to safeguard their intellectual works. Such works may include inventions, works of art, writings, designs, and trademarks, among others. In Indonesia, IPR is regulated by several laws, including the Patents Law (Law Number 13 of 2016), Copyright Law (Law Number 28 of 2014), and Marks and Geographical Indications Law (Law Number 20 of 2016), among others. These rights encompass copyrights, patents, trademarks, industrial designs, trade secrets, and other related rights. The purpose of IPR protection is to encourage innovation and creativity by providing legal protection for the fruits of intellectual labor, thereby enabling individuals and organizations to reap the benefits of their efforts. The research method used to write this is a normative legal research method. This study found that copyright infringement of two-dimensional artwork and NFT is a form of crime in the digital economy caused by weak legal regulations in cyberspace. Although regulated by the Copyright Law and ITE, protection of digital artwork in Indonesia is still inadequate. This study emphasizes the need for more comprehensive regulations to protect digital artwork and NFT in Indonesia. Stronger regulations will help prevent copyright infringement, provide legal certainty for creators, and strengthen Indonesia's position in the digital economy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
49. Has the Product Patent Regime Impacted Mergers and Acquisitions? Unveiling with a Systematic Literature Review.
- Author
-
Verma, Ashima and Agrawal, Rachna
- Subjects
MERGERS & acquisitions ,CORPORATE finance ,PATENTS ,PATENT law ,NEW product development ,PHARMACEUTICAL industry - Abstract
Mergers and acquisitions (M&As) are one of the most practised inorganic strategies to multiply economic profits, acquire new product capabilities, expand markets, diversify risk and bring synergistic gains. The purpose of the study is to review the literature related to companies' financial analysis, pre and post-M&A after the Patents (Amendment) Act, 2005. The study follows a systematic literature review (SLR) process where 128 research publications from 2005–2020 are examined after applying the required review protocols. SLR found a deficient practical contribution of the limited literature on the three perspectives, namely, from accounting, productivity and managerial perspectives at the international level. Furthermore, there is also a dearth of studies from the three perspectives for the Indian Pharmaceutical Industry (IPI) post the Patents (Amendment) Act, 2005. This review finds that there is a need for a unified approach for evaluating the success of M&A in IPI. Future studies can encourage research that ties these three perspectives to a common thread and furnishes a holistic approach for analysis. It will further bolster the research to provide practical insights to companies' rooting for a robust financial analysis. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. 'A new way by her invented': Women inventors and technological innovation in Britain, 1800–1930.
- Author
-
Khan, B. Zorina
- Subjects
TECHNOLOGICAL innovations ,INVENTORS ,GENDER nonconformity ,WOMEN consumers ,CONSUMER goods ,ECONOMIC development ,BRITISH people ,PATENT law - Abstract
What accounts for the common perception that women have contributed little to advances in entrepreneurship and innovation in Britain during the early industrial era? This paper empirically examines the role of gender diversity in inventive activity during the first and second industrial revolutions. The analysis of systematic data on patents and unpatentable innovations uniquely enables an evaluation of women's creativity within both the market and nonmarket sectors. British women inventors were significantly more likely than men to focus on unpatentable innovations in consumer final goods and design‐oriented products that spanned art and technology, and on uncommercialized improvements within the household. Conventional approaches that fail to account for nonmarket activity and for such incremental changes in consumer goods and design innovations therefore significantly underestimate women's contributions to household welfare and overall economic progress. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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