34,187 results on '"PATENT law"'
Search Results
52. Alice Patent Eligibility Analysis Divergence Before USPTO and District Court.
- Author
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Carroll, Jack, Srinivasa, Chethan, and Malaney, Kevin
- Subjects
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PATENT offices , *NATURAL law , *EXCEPTIONS (Law) , *CIVIL procedure , *PATENT law - Abstract
The article discusses the divergence in patent eligibility analysis between the USPTO and district courts, particularly in the context of software-based technology and innovation. The Mayo/Alice framework is used to determine subject matter eligibility, with differences in application between the Patent Office and district courts leading to conflicting determinations. The article highlights the importance of understanding these nuances for practitioners to obtain issued patents that can withstand scrutiny in litigation. Additionally, recent USPTO guidance on AI inventions emphasizes the integration of judicial exceptions into practical applications, further complicating the patent eligibility landscape. [Extracted from the article]
- Published
- 2024
53. PATENT LAW'S ROLE IN PROTECTING PUBLIC HEALTH.
- Author
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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
54. Copyright Violation in Works of Art Using the Form of Non-Fungible Tokens (NFT) in the Era of Digitalization.
- Author
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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]
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- 2024
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55. The Untapped Potential of Patent Law in Deterring Environmentally Unsustainable Innovation.
- Author
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Spedicato, Giorgio
- Subjects
PATENT law ,PATENT offices ,PUBLIC policy (Law) ,TECHNOLOGICAL innovations ,PATENTABILITY - Abstract
Despite the common belief that the granting of a patent is a neutral act, patent protection is intended to encourage technological innovations that are acceptable from an ethical point of view: in fact, both international and supranational legislation exclude from patentability inventions whose commercial exploitation would be contrary to ordre public, a notion that certainly encompasses also the prevention of serious damage to the environment. However, the provisions excluding the patentability of inventions whose commercial exploitation is contrary to ordre public (and in particular to environmental ordre public) have rarely been applied in Europe. After outlining the reasons why ordre public exceptions have had very limited application in Europe so far, the paper offers a new perspective through which such exceptions should be interpreted and suggests how patent offices can play a new and more decisive role in promoting environmentally sustainable innovation. [ABSTRACT FROM AUTHOR]
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- 2024
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56. Innovation Policy Beyond Patents: A Case Study on the Development of Climate-Friendly Fertilizers.
- Author
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Metzger, Axel and Kusch, Chiara
- Subjects
PATENT law ,NITROGEN fertilizers ,FERTILIZERS ,PATENT offices ,SYNTHETIC fertilizers ,HABER-Bosch process - Abstract
Nitrogen fertilizers have revolutionized agriculture since the early 20th century and made a decisive contribution to combating world hunger. Nevertheless, the technology is controversial today because production is energy-intensive and contributes significantly to climate change. In addition, conventional fertilizers pollute groundwater, rivers and coastal waters. Synthetic nitrogen fertilizer is made from ammonia (NH3) produced by the Haber-Bosch process, for which a patent was filed with the German Imperial Patent Office in 1908 (DE235421). For the urgently needed development of modern climate-friendly fertilizers, patent law seems to have played a minor role so far. The large and patent-active agrochemical corporations in the industrialized countries are focusing on other technologies, leaving fertilizer production to companies with direct access to energy below the global market price. Another reason is the very generous regulation of nitrogen fertilizers. For farmers, the use of less climate-damaging fertilizers is not worthwhile. However, the disruption of supply chains in the wake of Russia's aggression in Ukraine and the aggravation of climate change could lead to a rethink. In the US, the first support programs for the development of climate-friendly, innovative 'next-generation' fertilizers have been launched. This paper examines the interplay of patent law in concert with regulatory law and government funding tools in the area of innovative fertilizers. It starts from the hypothesis that other legal frameworks have a stronger influence on innovation activity than patent law at the moment. But this could change if the regulatory framework were to impose stricter requirements for the use of fertilizers. [ABSTRACT FROM AUTHOR]
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- 2024
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57. Has the Product Patent Regime Impacted Mergers and Acquisitions? Unveiling with a Systematic Literature Review.
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Verma, Ashima and Agrawal, Rachna
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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]
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- 2024
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58. 'A new way by her invented': Women inventors and technological innovation in Britain, 1800–1930.
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Khan, B. Zorina
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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]
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- 2024
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59. KNOWLEDGE COMMONS PAST, PRESENT, AND FUTURE.
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Madison, Michael J.
- Subjects
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PATENT law , *DATA privacy , *KNOWLEDGE management , *GOVERNMENT policy , *EMPIRICISM - Abstract
The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. This short Article describes the origins, functions, successes, limitations, and ambitions of GKC research, aligning it with questions of law as well as with the many roles of information in 21st century society. [ABSTRACT FROM AUTHOR]
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- 2024
60. INCENTIVIZING INNOVATION IN THE REALM OF SOCIAL GOODS: PATENT LAW'S UNINTENDED INHIBITING EFFECT ON ENVIRONMENTAL TECHNOLOGICAL ADVANCEMENT.
- Author
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Graham, Ethan
- Subjects
CARBON dioxide & the environment ,CARBON dioxide reduction ,GREENHOUSE gases & the environment ,GREEN technology ,PATENT law - Abstract
The article examines the challenges in combating climate change, emphasizing the need for innovative technologies like Direct Air Capture (DAC) that can remove carbon dioxide from the atmosphere rather than merely reducing emissions at the source. Topics include the role of patent law in hindering DAC innovation, the effectiveness of DAC technology compared to traditional methods, andregulatory solutions to facilitate its development in efforts to mitigate greenhouse gas emissions.
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- 2024
61. INVENTIONS AND PATENTS FOR TREATING THYROID DISEASE.
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MUNOZ-ROBLES, BRIZZIA and HANEY, BRIAN
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PATENT law ,THYROID diseases ,HUMAN body ,THERAPEUTICS ,HEALTH literacy - Abstract
The thyroid is a bi-lobed gland located at the base of the neck that produces essential hormones for metabolic control in the human body. Affecting nearly fifty-million Americans, thyroid disease has become a ubiquitous cause for symptoms including depression, anxiety, psychosis, and heart disease. Yet, while the healthcare law scholarship is visibly scaling, the research relating to law, innovation, and thyroid disease is completely naked. This Article provides an interdisciplinary introduction to the Thyroid Patent Dataset, an evolving mechanism for tracking progress in treatments for thyroid disease and advances the literature in providing the first consolidated review of patents for a specific disease. In short, this Article explores the confluence of thyroid disease, patent law, and innovation policy to promote knowledge in human health relating to the human thyroid. [ABSTRACT FROM AUTHOR]
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- 2024
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62. The Patents Māori Advisory Committee of Aotearoa New Zealand: Lessons for indigenous knowledge protection.
- Author
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Wright, Evana and Robinson, Daniel
- Subjects
MAORI (New Zealand people) ,FREEDOM of information ,PATENT applications ,LEPTOSPERMUM scoparium ,INDIGENOUS plants ,TRADITIONAL knowledge ,PATENTS - Abstract
Using freedom of information requests, we examine the operation of the Patents Māori Advisory Committee of Aotearoa New Zealand. The Committee advises the Intellectual Property Office of New Zealand on whether inventions claimed in a patent application are derived from Māori traditional knowledge or from indigenous plants or animals; and if so, whether the commercial exploitation of that invention is likely to be contrary to Māori values. There is limited publicly available information on the operations of the Committee and the decision‐making process undertaken in reviewing applications. The requests and our searches identified 13 patents referred to the Committee, of which most (9 of 13) dealt with inventions related to Mānuka (Leptospermum scoparium), a taonga species known for its role in producing unique honey. Only two applications have been found to be contrary to Māori values, and these applications have both since been abandoned. The review of applications found to be 'not contrary to Māori values' is instructive, identifying important considerations taken into account by the Committee in reaching a decision, including the importance of benefit sharing and engagement with Māori in considering whether an invention may be contrary to Māori values. The analysis highlights the limitations of the Committee in reviewing only those applications filed in Aotearoa New Zealand and referred to the Committee for advice and identifies the importance of mechanisms such as disclosure of origin to ensure all relevant applications are reviewed by the Committee. The paper concludes by highlighting how the operation of the Committee may inform the development of similar bodies in other jurisdictions, such as Australia. [ABSTRACT FROM AUTHOR]
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- 2024
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63. Implications of Missing the Newly Introduced Deadline for Supplementary Protection Application.
- Subjects
INTELLECTUAL property ,PLAINTIFFS ,LEGAL procedure ,ANAPLASTIC lymphoma kinase ,COMMERCIAL courts ,CIVIL procedure ,RULE of law ,PATENT law - Abstract
This document discusses a court case in Ukraine regarding the deadline for submitting an application for supplementary protection of rights in inventions. The court determines that the patent holder should not be deprived of the opportunity to exercise the right to supplementary protection. The court upholds the claim and orders the implementation of supplementary protection for the patent. The ruling sets a precedent for protecting individual rights and investor confidence in the legal system. [Extracted from the article]
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- 2024
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64. International trademark protection strength: 1990–2020.
- Author
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Chen, Wantao, Yu, Xiang, and Yang, Wei
- Subjects
INTELLECTUAL property ,ECONOMIC impact ,PATENT law - Abstract
This paper presents a pioneering study that addresses the insufficient attention given to trademark rights in current indices that evaluate the protection of intellectual property rights (IPRs). Our study sets itself apart from previous measures by defining the strength of trademark protection as the level of applicant friendliness within a country's trademark system. We introduce the innovative trademark protection strength (TPS) index, which focuses on 78 countries spanning from 1990 to 2020. Drawing on established theoretical components of the patent system, we deconstruct the TPS index into four distinct dimensions: international mechanisms, legislation, enforcement and administration. Our findings reveal the growth and subsequent stabilisation of global trademark protection strength, with reduced disparities observed after 2005. Importantly, we identify variations in improvement rates among countries with different income levels, thereby highlighting the influence of economic factors. By providing a detailed methodology and transparent construction of the TPS index, we ensure its replicability and potential for future expansion. The index's objective data and extended coverage facilitate the examination of various configurations of IPR systems, policy designs and their impact on the global economy. [ABSTRACT FROM AUTHOR]
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- 2024
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65. Rudraksha: A Smart Drug And A Smart Nutrients: A Review.
- Author
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Ghosh, Niladry S., Sachan, Pritee, Pal, Radha, Dubey, Anubhav, and Kumari, Mamta
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MEDICAL sciences ,PATENT law ,MEDICAL research ,AYURVEDIC medicine ,HYPOGLYCEMIC agents - Abstract
Background: Rudraksha has excellent mineral characteristics, making it a smart medication and smart nutrition. In Ayurveda, the highly prized plant is believed to have sprung from Lord Shiva's tears, offering tremendous therapeutic and astrological advantages for human existence. Methodology: To conduct a thorough evaluation of the literature, databases from Springer, Elsevier, PubMed, and Science Direct were used. Result and Discussion : In addition to its scientific use, Rudraksha has unique characteristics that make it possible to heal a wide range of incurable ailments. It also serves a significant spiritual function in a man's everyday life. Biochemical analysis, electromagnetic analysis, and chemical composition can provide all the necessary chemical information about rudraksha. Accurate information about its scientific properties reveals that Rudraksha is a highly potent plant that will greatly benefit our medical research. Additionally, traditional mythological and astrological values describe the various types of Rudraksha; generally, each type has 1-14 faces (Mukhi), each with a unique value. Conclusion: Contemporary medicine has utilized the rich pharmacological and therapeutic properties of rudraksha, such as its analgesic, antioxidant, antifungal, antidiabetic, hepatoprotective, immunomodulator and antidepressant properties. [ABSTRACT FROM AUTHOR]
- Published
- 2024
66. Einheit und die Vielfalt der Rechtsquellen des EU-Patents.
- Author
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Kaesling, Katharina
- Subjects
INTERNATIONAL law ,PATENT law ,LEGAL norms ,COMPARATIVE law ,ERYTHROPOIETIN - Abstract
Copyright of Intellectual Property Journal / Zeitschrift für Geistiges Eigentum is the property of Mohr Siebeck GmbH & Co. KG 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.)
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- 2024
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67. Die Schattenseite des Einheitspatents.
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Ullrich, Hanns
- Subjects
APPLICABLE laws ,INTELLECTUAL property ,LICENSE agreements ,PATENT law ,PROPERTY rights - Abstract
Copyright of Intellectual Property Journal / Zeitschrift für Geistiges Eigentum is the property of Mohr Siebeck GmbH & Co. KG 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.)
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- 2024
- Full Text
- View/download PDF
68. For Forty-Four Years, the Federal Government Has Declined to Exercise March-In Rights for Federally Funded Patents... It's Time to Revisit the Bayh-Dole Act.
- Author
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Nacht, Jennifer
- Subjects
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ECONOMIC impact , *PATENT law , *DRUG prices , *COVID-19 pandemic , *FEDERAL government - Abstract
This Paper offers a critical examination of the public policy justification for "march-in" rights, why the federal government has not marched in on federally funded patents, and why it is unlikely the federal government ever will. The examination is grounded in the context of high drug pricing and the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2024
69. Statute of limitations rules in patent infringement litigation in China.
- Author
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Song, Defeng
- Subjects
PATENT suits ,PATENT law ,CIVIL code - Abstract
This article examines the statute of limitations applicable to patent infringement actions in China, highlighting open questions that will require legislative and judicial clarification over the coming years. In 2020, the fourth amendment to the Chinese Patent Law introduced a 3-year limitation period, resolving the pre-existing discrepancy with the Civil Code. However, several issues remain open to interpretation and in need of further clarification. These include the commencement of the limitation period, proof of actual or constructive knowledge of the infringement and of the identity of the infringer(s) and the applicable statute of limitations for acts of infringement occurred before the 2020 amendment. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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70. Preemptive patenting, secondary patents, and the persistence of monopoly.
- Author
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Miljkovic, Dragan
- Subjects
MONOPOLIES ,MARKET design & structure (Economics) ,ECONOMIC models ,PATENTS ,PATENT law - Abstract
We develop a theoretical economic model that establishes the link between fragmented patenting systems in an industry already characterized as a monopoly resulting in continuous/steady monopolistic market structure. We demonstrated that preemptive patenting strategy, by using secondary patenting scheme, may lead to an increase in the number of patents without changing actual number of products on the market. Moreover, when such a strategy is employed by a monopoly, it only serves to sustain and further monopolistic and therefore socially suboptimal market structure. Institutional/legal framework must exist to promote this kind of socially suboptimal behavior and resulting outcomes. [ABSTRACT FROM AUTHOR]
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- 2024
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71. Limiting Effect of a Title on the Scope of Protection of a Patent.
- Subjects
PATENT law ,PATENTS ,INTELLECTUAL property - Abstract
This article explores the impact of a patent's title on the extent of its protection in China. The Supreme People's Court recently ruled that the title of a claim does have a limiting effect on the scope of protection, as it is closely linked to the technical features described in the claim. However, this limitation is distinct from the specific limitations imposed by the technical features themselves. The article provides examples and scenarios to illustrate how the title can describe or imply specific technical features and distinguish the invention from prior art. It also analyzes a patent infringement case between Geekplus and Hai Robotics, where the court determined that Hai Robotics' method of locating storage bins did not infringe on Geekplus' patent for locating shelves in a warehouse. The court upheld the original judgment and dismissed Geekplus' appeal. [Extracted from the article]
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- 2024
- Full Text
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72. Commentary on the Latest Revisions to the Detailed Rules for the Implementation of the Chinese Patent Law.
- Author
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Cui, Guobin and Wang, Xiao
- Subjects
PATENT law ,LICENSE system ,DISCLOSURE ,SOCIAL marketing ,PATENTS - Abstract
To implement its patent law amended in 2020, China revised the Detailed Rules for the Implementation of the Chinese Patent Law on 11 December 2023. Since the revisions concern many important and controversial topics in the patent field, it is necessary to evaluate how they will impact the interests of patentees and related parties domestically and worldwide, and how China can improve its patent system to not only meet the expectations from Chinese society but also accelerate the innovation process in the world community. To achieve that goal, this report discusses the benefits of the changes, the controversies behind them, the factors and opinions that affected the revisions, as well as the unaddressed issues and problems. Specifically, it highlights the important revisions in the principle of good faith, the request for the delayed examination, the priority system, patent term compensation, international design application, service inventions, and the open licensing system. It then briefly discusses the minor changes in the ex officio examination conducted by the patent administrative department, the patent right evaluation report, information disclosure of generic resources, and the responsibility of the patent administrative department. Meanwhile, this report points out the unsolved issues and problems in the definition of new drugs, the compensation rules for the delays caused by the marketing review of new drugs, the legislative basis of the ex officio examination conducted by the patent administrative department in the patent invalidation procedure, and the reform of the re-examination and invalidation procedures. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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73. Disclosure of Origin in European Biotechnology Patent Law: A Social Network Analysis Perspective.
- Author
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Karimov, Elnur
- Subjects
PATENT law ,SOCIAL network analysis ,DISCLOSURE ,COUNTRY of origin (Immigrants) ,BIOMATERIALS - Abstract
Recital 27 of the European Union Directive 98/44/EC on the Legal Protection of Biotechnological Innovations mandates the disclosure of the geographical origin of biological material when the invention is based on or incorporates such material. This requirement seeks to monitor the origin of biological materials, often linked to indigenous and local communities, to ensure prior informed consent and equitable benefit-sharing with resource providers. Several European countries, such as Switzerland and Norway, legally require this disclosure, and the Draft International Instrument of the World Intellectual Property Organization is poised to expand the list of nations with such requirements. However, the definition of 'origin' presents challenges for patent applicants, as it may refer to the primary source (e.g. indigenous and local communities, the country of origin) or secondary sources (e.g. ex situ plant collections or commercial suppliers). Moreover, defining the information to be disclosed as the origin is crucial for the credibility of disclosure statements. To address this issue, this article pioneers a social network analysis approach to the issue of biopiracy and disclosure of origin. It introduces the network-centric narratives of 30 prominent cases of biopiracy from South and Southeast Asia, Latin America, and Africa, and unveils the average distance between the nodes previously accused of biopiracy and the nodes that correspond to the origin of the biological material in question. By highlighting the role of intermediaries in distorting information within material distribution networks, the findings contest the feasibility of requiring patent applicants to provide information on both primary and secondary sources. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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74. How do intercultural proximity and social fragmentation promote international patent cooperation?
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Jayasekara, Dinithi N. and Tan, Jonathan H. W.
- Subjects
SOCIAL disorganization ,INTERNATIONAL cooperation ,INTELLECTUAL property ,RELIGIOUS identity ,TRUST ,PATENT law - Abstract
Joint innovation across countries plays a vital role in international networks of knowledge-intensive businesses. We study how the cultural backgrounds of collaborators influence success in international innovation. Intercultural proximity implies shared values and norms that can engender trust and cooperation in innovation. However, social fragmentation can induce conflict and mistrust, whereas joint innovation can progress through the tolerance and acceptance of different views. Our gravity model analysis of international patent cooperation data shows that social fragmentation complements intercultural proximity along the social identity dimensions of religion, ethnicity, and language to promote joint innovation. Intercultural proximity operates through trust, especially for countries with weak intellectual property rights laws, while social fragmentation operates through tolerance and acceptance, especially for countries with strong IPR laws. Economic strength, trade, and institutional differences are also important predictors of collaborative innovation. We confirm that geographical distance between countries lowers cooperation, but it cannot explain away the positive effects of intercultural proximity and social fragmentation. Plain English Summary: Co-innovation increases with intercultural proximity – and even more so when countries are socially fragmented. International joint innovation allows knowledge-intensive businesses to synergistically draw upon the ideas, expertise, and experience of innovators from their respective cultures (countries). However, such collaborations are often hampered by the uncertainty of partner exploitation and free-riding especially in the absence of formal institutions such as strong intellectual property rights (IPR) protection. In such cases, while intercultural proximity (e.g., along the dimensions of religion, ethnicity, and language) can promote cooperation through the informal institution of trust, social fragmentation can induce mistrust and in turn hamper collaboration. This is puzzling in light of evidence that fragmentation also promotes innovation. Thus, we empirically show that the positive effect of intercultural proximity operates through trust especially when IPR protection is weak. The positive effect of fragmentation on international patent cooperation operates through tolerance and acceptance especially when IPR protection is strong. This implies that nurturing tolerance and acceptance while strengthening IPR and developing the intellectual property ecosystem in fragmented societies, building intercultural trust, and increasing diversity in countries, alliances, or firms can promote co-patenting success. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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75. Empowering sustainability practices through energy transition: The role of digital economy and technological innovation among BRICS economies.
- Author
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Baloch, Muhammad Awais, Qiu, Yiting, and Guo, Zilu
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TECHNOLOGICAL innovations ,HIGH technology industries ,DIGITAL technology ,QUANTILE regression ,TRANSITION economies ,PATENT law - Abstract
Achieving sustainable development targets requires major changes in the existing economic structure and a transition from a pollution‐intensive energy system to a clean one. The role of the digital economy (DE) in this regard has received much attention in recent eras. However, there is little literature investigating the relationship between the DE and the energy transition in the presence of technological innovation. This study's aim, grounded in the sustainability agenda, is to explore the possible impact of DE and technological innovation on the energy transition for the BRICS nations from 2003 to 2021. Using the most recent Moments Quantile Regression method, the results reveal that the DE can contribute significantly to achieving SDG‐7 by promoting energy transition. While technological innovation does not significantly influence the energy transition. Moreover, economic development is hindering the energy transition in the BRICS countries. Several alternative estimation methods have been applied to confirm the robustness of the results. The empirical results conclude that governments should build digital infrastructure and encourage innovation in the energy sector by supporting energy‐related patents. The detailed policy implications are presented in the study. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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76. The Impact of 3D Bioprinting Innovation on IP Ecosystem and Patent Law: An Indian and US Perspective
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Devarapalli, Pratap, Ajay, Dara, Singh, Kashmir, editor, Chongtham, Nirmala, editor, Trikha, Radhika, editor, Bhardwaj, Mamta, editor, and Kaur, Sukhdeep, editor
- Published
- 2024
- Full Text
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77. The Cliometric Study of Innovations
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Streb, Jochen, Diebolt, Claude, editor, and Haupert, Michael, editor
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- 2024
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78. From Academic Bioscience to Patent Law
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Livnat, Shmuel, Markovac, Jasna, editor, Barrett, Kim E., editor, and Garrison, Howard, editor
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- 2024
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79. China Regulatory and Legal Reforms: Gateway to Innovation and Global Integration
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Agten, Sven, Wu, Ben, Agten, Sven, and Wu, Ben
- Published
- 2024
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80. EXCEPCIONES DE PATENTASILIDAD: ENFOQUE DESDE EL CASO DE LA TECNOLOGIA CRISPR-CAS9. ?CONSTITUYE UNA VULNERACION AL ORDEN PUBLICO, LA MORAL Y LAS BUENAS COSTUMBRES?/PATENTABILITY EXCEPTIONS: APPROACH FROM THE CASE OF CRISPR-CAS9 TECHNOLOGY. DOES IT CONSTITUTE A VIOLATION OF PUBLIC ORDER MORALITY AND GOOD MANNERS?
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Pinzon, Leidy Johana Celis
- Published
- 2024
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81. Alle Eier in einen Korb oder nicht.
- Author
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Nieder, Michael and Popp, Tobias
- Subjects
PATENT law ,EUROPEAN law ,CHEMICAL industry ,PHARMACEUTICAL industry ,PATENTS ,INVENTIONS - Abstract
Copyright of Nachrichten aus der Chemie is the property of Wiley-Blackwell 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
82. Patent- and trademark-seeking outward foreign direct investment by Chinese firms: The role of business group affiliation.
- Author
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Shi, Xinwei, Williams, Christopher, Sutherland, Dylan, and Rong, Ke
- Subjects
FOREIGN investments ,INTERNATIONAL business enterprises ,EMERGING markets ,PATENT law ,DOMESTIC markets ,BUSINESS enterprises ,TRADEMARKS - Abstract
We examine the relationship between business group affiliation (BGA) of Chinese firms and their foreign acquisitive behavior in terms of technology and brand-oriented strategic assets. Drawing on new internalization, business group, and international business theory, we assert that Chinese business group affiliated firms will more likely pursue foreign acquisitions to seek strategic assets including patents but less likely to pursue foreign acquisitions to seek trademarks. Patents have non-location-bounded (NLB) properties that mean they can be exploited by the business group—not just the firm—back in the domestic market, while trademarks have location bounded (LB) properties that mean they are less easy to exploit by a business group domestically. Using a sample of 779 Chinese cross-border acquisitions between 2006 and 2015, we find support for arguments relating to the differences in relative attractiveness of targets holding patents vs. trademarks for Chinese firms linked to business groups. We discuss how this better helps us understand emerging market MNEs and related theory. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
83. Best Law Firms List Selects Hilgers Graben as One of Nation's Top Law Firms for 2025
- Subjects
Law firms ,Patent law ,Trademarks ,Arts and entertainment industries - Abstract
Hilgers Graben reported it has been named to the list of Best Law Firms for 2025 by the publishers of The Best Lawyers in America. According to a release, the [...]
- Published
- 2024
84. Sony is working on a universal ‘rewind’ button for games
- Subjects
Sony Group Corp. ,Patent law ,Computers - Abstract
An instant Ctrl-Z undo is a popular gag in science fiction, and it has some obvious benefits for gamers, with beloved titles like Prince of Persia: The Sands of Time [...]
- Published
- 2024
85. Enveric Biosciences' EVM301 portfolio receives five additional US patents
- Subjects
Patent law ,Patents ,Patent/copyright issue ,Pharmaceuticals and cosmetics industries - Abstract
Enveric Biosciences, a biotechnology company dedicated to the development of novel neuroplastogens for the treatment of neuropsychiatric disorders, announces the expansion of patent protection for a broad range of molecules [...]
- Published
- 2024
86. UPC rules in favor of Bruker and NanoString invalidating 10x Genomics patent
- Subjects
Bruker Corp. -- Intellectual property ,Patent law ,Business ,News, opinion and commentary - Abstract
Bruker Corporation (BRKR) announced that the European Unified Patent Court UPC has ruled in favor of its NanoString (NSTG) business, invalidating European Patent No. 2794928B1, which has been asserted by [...]
- Published
- 2024
87. BioLineRx receives notification of allowance from USPTO for motixafortide
- Subjects
Patent law ,Intellectual property ,Intellectual property ,Business ,News, opinion and commentary ,Aphexda (Medication) -- Intellectual property - Abstract
BioLineRx announced that it has received a Notice of Allowance from the U.S. Patent and Trademark Office, or USPTO, for a patent, titled, 'COMPOSITION OF BL-8040,' which covers the composition [...]
- Published
- 2024
88. Exelixis price target raised by $2 at Morgan Stanley, here's why
- Subjects
Morgan Stanley ,Patent law ,Securities industry ,Securities industry ,Business ,News, opinion and commentary - Abstract
Morgan Stanley raised the firm's price target on Exelixis to $30 from $28 and keeps an Equal Weight rating on the shares. The judge for the Cabometyx MSN II case [...]
- Published
- 2024
89. Exelixis ruling 'clear positive,' but 'short of a home run, says Morgan Stanley
- Subjects
Morgan Stanley ,Patent law ,Securities industry ,Securities industry ,Business ,News, opinion and commentary - Abstract
Morgan Stanley raised the firm's price target on Exelixis to $30 from $28 and keeps an Equal Weight rating on the shares after the judge issued a ruling this morning [...]
- Published
- 2024
90. Monopar files provisional patent covering therapeutic radiopharmaceuticals
- Subjects
Patent law ,Biological products -- Intellectual property ,Business ,News, opinion and commentary - Abstract
Monopar Therapeutics announced the filing of a provisional patent covering new therapeutic radiopharmaceuticals based on a family of linkers used to connect radioisotopes with targeting agents, including Monopar's uPAR targeting [...]
- Published
- 2024
91. Navigating Patent Law: Impact of Delhi High Court's ruling on a medical device patent
- Subjects
India. High Court of Delhi ,Medical equipment ,Patent law ,Alloys ,Physiological apparatus ,Law - Abstract
Byline: Mahua Roy Chowdhury The article explores the Delhi HC judgment regarding Biotyx Medical's patent application, the nuances of patent law as it applies to medical devices, and the broader [...]
- Published
- 2024
92. PleoPharma expands patent portfolio with two newly issued U.S. patents
- Subjects
Patent law ,Patents ,Patent/copyright issue ,Health - Abstract
CANNABIS INDUSTRY INSIGHT-(C)2024 M2 COMMUNICATIONS PleoPharma, Inc, a privately held company involved in addressing cannabis-related health conditions, has announced the issuance of two U.S. patents covering methods of treating cannabis [...]
- Published
- 2024
93. Safe Pro receives notice of allowance from USPTO for AI-processed drone imagery
- Subjects
Patent law ,Drone aircraft -- Intellectual property ,Patents ,Patent/copyright issue ,Business ,News, opinion and commentary - Abstract
Safe Pro Group has received a Notice of Allowance from the United States Patent and Trademark Office, for its technology that identifies, locates and maps explosives through its Artificial intelligence-powered [...]
- Published
- 2024
94. Reimagining Legal Education: Insights from UNH Franklin Pierce's First 50 Years.
- Author
-
Reed, Christopher S.
- Subjects
LEGAL education ,PATENT law - Abstract
Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available atthe time, and the curriculum overall emphasized practical skills over theory. Today, half a century later, Dr. Rines's vision not only endures, but flourishes. In addition to becoming one of the world's most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law* is the home of two pioneering programs that animate and exemplify the school's founding principles: The Daniel Webster Scholar Honors Program, which equips students to practice law in New Hampshire from the moment they graduate, and the Hybrid J.D. Program, which enables working professionals to pursue an IP("intellectual property")-focused legal education while maintaining their day jobs. These programs, with their groundbreaking approaches to curriculum and pedagogy, have become models for what the future of legal education should look like-training students to practice law, ratherthan to simply think, talk, and write about it. Although the notion of elevating practice over theory has traditionally been shunned by the upper echelons of the bar admission industrial complex, the idea of creating "practice ready" or "client ready" graduates has become a common refrain in public policy discussions about legal system reform. In short, Dr. Rines was ahead of his time. This essay first examines my own experiences with UNH Franklin Pierce, as a student and as a member of the affiliate faculty, and then reflects upon my own career and how my experience at the school has helped lead me to success. I then apply that learning to sketch out a broad proposal for what the future of legal education and bar admission might look like, describing its key features and characteristics, and identifying some key questions that remain unanswered. [ABSTRACT FROM AUTHOR]
- Published
- 2024
95. Challenging a Patent Through a Scope Confirmation Trial.
- Subjects
PATENT law ,PATENT infringement ,PATENT suits ,PATENTS ,INTELLECTUAL property ,CIVIL procedure ,TRIALS (Law) - Abstract
This article provides information on the process of challenging a patent through a scope confirmation trial in Korea. It explains that materials published between the filing of the patent application and the infringement can be considered when determining the convenience of composition change. The scope confirmation trial is an expedited civil action aimed at quickly confirming whether the invention subject to confirmation falls within the objective scope of the patent right. The article also discusses the concept of equivalent infringement and the purpose of a scope confirmation trial. It concludes that the lower court made a reasonable judgment in a specific case and dismisses the appeal. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
96. Exclusion of Presentation of Information from Patentable Subject Matter.
- Subjects
VERTICAL integration ,INTELLECTUAL property ,PATENTABILITY ,INVENTORS ,PATENT offices ,INFORMATION display systems ,PATENT applications ,PATENT law - Abstract
The article discusses a court case in France regarding the patentability of a method for displaying the mission of an aircraft over time. The court ruled that certain features of the method constituted technical means and therefore the invention was not excluded from patentability. However, the court criticized the lower court for not providing a legal basis for its decision. The article also discusses a patent application for a method of displaying the stages of an aircraft mission, which was rejected by the Director General of the INPI. The court determined that certain claims of the patent application did have technical characteristics and were not excluded from patentability, but noted that the description of the patent application lacked technical details. The article also mentions a recent decision by the French Supreme Court regarding the patentability of a method for displaying waypoints of a flight plan on a cockpit screen. The Supreme Court disagreed with the court of appeal's ruling, stating that a "technical contribution" had not been established. The article highlights the changing cultural perspective in France regarding the eligibility of computer-implemented inventions and raises questions about the future approach to patentability and inventive step in the country. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
97. Liability for the Termination of the Effectiveness of an Unresolved PCT Application.
- Subjects
LIQUIDATION ,PATENT law ,PATENT suits ,INTELLECTUAL property ,APPLICABLE laws - Abstract
This article presents a legal case involving the termination of an unresolved PCT application in China. The liquidation team members of a company were found to have violated the principle of good faith by mishandling the application without consulting the actual right holder. As a result, the application was terminated, and the right holder was awarded compensation for damages. The judgment ruled that the PCT application belonged to Cankun Company and that two members of the liquidation team, Biwen Gu and Zhirong Zhou, were responsible for its invalidation and ordered them to compensate Cankun Company. The appeal made by Gu and Zhou was dismissed, and the original judgment was upheld. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
98. Exploring collaborative innovation evolution of China's energy conservation and environmental protection industry: a social network analysis based on patents.
- Author
-
Liu, Weiwei, Guo, Yuqi, and Bi, Kexin
- Subjects
SOCIAL network analysis ,ENVIRONMENTAL protection ,ENERGY conservation ,SOCIAL network theory ,SUSTAINABLE development ,PATENT law - Abstract
Purpose: Energy conservation and environmental protection industry (ECEPI) is a strategic choice to promote energy conservation and emission reduction, develop green economy and circular economy. However, China's ECEPI is still in the stage of rapid development and the overall scale is relatively small, what development periods have the ECEPI experienced? This study aims to contribute to a better understanding of collaborative innovation evolution based on social network analysis from the perspective of multi-dimensional proximity. Design/methodology/approach: Methodologically, this study uses social network analysis method to explore the co-evolution of multidimensional collaboration networks. It divides China's ECEPI into four periods based on national policies from 2001 to 2020. This contribution constructs collaborative innovation networks from geographical, technological and organizational proximity. Findings: The results show that the collaborative innovation network was initially formed in the central region of China, gradually expanded to neighboring cities and the core positions of Beijing, Jiangsu and Guangdong have been continuously consolidated. C02F has been the core of the collaboration networks, and the research focus has gradually shifted from the treatment of wastewater, sewage or sludge to the separation field. Enterprises always occupy a dominant position in the collaboration networks. Originality/value: This research investigates the dynamic evolution process of collaborative innovation network in China's ECEPI from the perspective of multidimensional proximity, explores the community structure, important nodes and multidimensional proximity features in the network, expands the research perspective on evolution characteristics of innovative network and the research field of social network analysis. Theoretically, this study enriches collaborative innovation theory, social network theory and multi-dimensional proximity theory. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
99. Legal Regime of Inventions Created by Artificial Intelligence.
- Author
-
Yurii Khodyko
- Subjects
INVENTIONS ,ARTIFICIAL intelligence ,PROCESS capability ,PATENT law ,TECHNOLOGICAL innovations ,PROPERTY rights ,CIVIL rights - Abstract
[Purpose] The purpose of this study is to examine the concept of artificial intelligence (AI) as an object of civil legal relations, with a specific focus on its status as an inventor. The study aims to define the characteristics of AI as an inventor, including its intangible nature, resemblance to the human brain, autonomy, data collection and processing capabilities, learning ability, and generation of novel results, particularly in the realm of inventions. [Methodology/Approach/Design] The research employs a range of methodologies, including functional and logical analysis, deduction, induction, synthesis, and dogmatic approaches. It highlights the need for legal regulation concerning AI as an inventor, with particular attention given to the legal regime surrounding inventions created by AI. [Findings] Based on the unique aspects of AI as an object of civil legal relations and its capacity to create inventions, the study proposes extending the existing legal and patent framework to address these relations with certain specificities. The conditions for patentability of AI-generated inventions should mirror those for human inventions, as they operate in the same technological field. [Practical Implications] It is not recommended to grant AI the status of a legal entity. Instead, the study suggests indicating in the patent that the invention was created with the assistance of a specific AI, without conferring personal non-property rights to AI itself. Property rights to inventions generated by AI should be legally assigned to the user of the AI, unless agreed upon differently by the parties involved. [Originality/Value] Given the advancements in AI technologies and their ability to create patentable inventions, there is an urgent need for comprehensive and effective legal regulation. Currently, such regulation is lacking at both the national and international levels, underscoring the significance and value of this study. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
100. Construction and application of the core competence course training system for infectious disease specialist nurses.
- Author
-
Wu, Chao, Zhang, Hongli, Lin, Yawei, Yuan, Weiyun, He, Jing, Li, Lu, Jiang, Donglei, Ji, Zhaohua, and Lang, Hongjuan
- Subjects
CORE competencies ,COMMUNICABLE diseases ,CONVENIENCE sampling (Statistics) ,NURSES ,PATENT law - Abstract
Objectives: This study aims to construct and apply a training course system which was scientific and comprehensive to foster the core competence of infectious disease specialist nurses. Design: A two-round Delphi consultation survey was carried out to collect feedback from experts on constructing the training course system of core competence for infectious disease specialist nurses. Besides, a non-randomized controlled experimental study was adopted to check the application effect of the courses. Methods: This study adopted a series of methods including group discussion, theoretical analysis and Delphi consultation to draft the training course content of core competence of infectious disease specialist nurses. Twenty-one Chinese experts were invited to participate in the Delphi consultation from November 2021 to December 2021. From October 2022 to January 2023, a total of 105 infectious disease specialist nurses from two training bases were selected by the convenience sampling method, of which the nurses in one training base were the control group and the nurses in the other training base were the observation group. The observation group was trained by the constructed core competence training course. Questionnaire evaluation was used to compare the core competence of infectious disease specialist nurses and the training effect. Results: The experts, regarded as the authorities on the subject, were highly motivated in this study. Besides, they reached a consensus on the results. The final training course system of core competence for infectious disease specialist nurses focused on 5 competence modules and was composed of 12 categories of courses with 66 classes and corresponding objectives. The core competence scores of the observation group were significantly higher than those in the control group after training (P < 0.05), which proved the training system can effectively enhance the core competence of infectious disease specialist nurses. Conclusions: The research methods embodied scientific and precise properties. The course system was comprehensive in content and reliable in results. It could serve as a reference for training infectious disease specialist nurses. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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