34,187 results on '"PATENT law"'
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202. Software Patents In Canada: A 'How-To'
- Subjects
Patent law ,Foreign corporations -- Laws, regulations and rules ,Patents -- Laws, regulations and rules ,Government regulation ,Patent/copyright issue ,Business, international - Abstract
With the rapid rise of AI and other innovative technologies, patent offices worldwide are grappling with clear and actionable guidelines for patenting software inventions. For foreign-owned companies looking to expand [...]
- Published
- 2024
203. Understanding The Patent Filing Procedure In India
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Patent law ,Patents -- Laws, regulations and rules ,Government regulation ,Patent/copyright issue ,Business, international - Abstract
What are the procedures for filing a patent application in India? The patent filing procedure in India involves several steps, starting from conducting a comprehensive patent search to ensure the [...]
- Published
- 2024
204. Common Mistakes To Avoid While Filing A Patent In India
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Patent law ,Intellectual property ,Intellectual property ,Business, international - Abstract
How to file a patent correctly in India? Filing a patent is a critical step for inventors to protect their intellectual property. Filing a patent in India requires a meticulous [...]
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- 2024
205. Speaking Too Soon: How An Early Price Quotation Cost Crown A Patent
- Subjects
Belvac Production Machinery Inc. -- International economic relations -- Intellectual property ,Patent law ,Machinery -- Intellectual property ,Magneto-electric machines -- Intellectual property ,Business, international - Abstract
Introduction In Crown Packaging Technology, Inc. v. Belvac Production Machinery, Inc., 2022-2299, 2022-2300 (Fed. Cir. Dec. 10, 2024) ('Decision'), the Federal Circuit examined a 'quotation' letter under pre-AIA 35 U.S.C. [...]
- Published
- 2024
206. Navigating Patentability: Inventiveness, Industrial Application, And Software-Related Patents In India
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Software -- Intellectual property ,Patent law ,Industrial equipment -- Intellectual property ,Patents ,Software quality ,Patent/copyright issue ,Business, international - Abstract
INVENTIVENESS (NON-OBJECTIVENESS): Inventiveness also known as non-obviousness is an important characteristic in patenting, which determines that if the invention does involve an inventive step or goes beyond what that person [...]
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- 2024
207. Innovation And Protection: A Note On Sovereign Patent Funds
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Innovation Network Corporation of Japan -- International economic relations -- Intellectual property -- Licensing agreements ,Patent law ,Medium term notes ,Patents ,Mediation ,Government securities -- Innovations -- Licensing agreements ,Industrial research -- France -- China -- India -- South Korea ,Research and development ,Patent/copyright issue ,Company licensing agreement ,Business, international ,World Trade Organization -- Intellectual property -- Innovations - Abstract
Introduction IPRs now form the most crucial assets determining the value and strategic orientation of innumerous global enterprises. With innovation having become a necessity for the ICT industry, patents encourage [...]
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- 2024
208. Considerations For Patenting Advances In Quantum Computing
- Subjects
Patent law ,Patents ,Patent/copyright issue ,Business, international - Abstract
Quantum computing companies regularly file patent applications, but will the patents that result expire before they are commercially relevant, or could they skyrocket in value in a few years? As [...]
- Published
- 2024
209. Envoy Medical Receives Additional Patent Protection for its Innovative Approach to Hearing Loss
- Subjects
Patent law ,Prosthesis -- Intellectual property ,Implants, Artificial -- Intellectual property ,Patents ,Hearing loss ,Patent/copyright issue ,General interest ,News, opinion and commentary - Abstract
WHITE BEAR LAKE: Envoy Medical, Inc has issued the following news release: Envoy Medical(r), Inc. ('Envoy Medical') (NASDAQ: 'COCH'), a hearing health company focused on providing hearing loss suffers with [...]
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- 2024
210. Best Agrolife gets patent from Indian Patent Office
- Subjects
Patent law ,Business, international - Abstract
The company has been assigned a patent for an invention entitled 'Synergistic Pesticidal Composition' Best Agrolife has been assigned a patent by the Indian Patent Office-Government of India for an [...]
- Published
- 2024
211. Federal Court of Australia Judgment: Cipla Australia Pty Ltd v Novo Nordisk A|S [2024] FCA 1414
- Subjects
Boehringer Ingelheim GmbH -- International economic relations -- Intellectual property ,Novartis AG -- Intellectual property -- International economic relations ,H. Lundbeck A/S -- International economic relations -- Intellectual property ,Novo Nordisk A/S -- Intellectual property -- International economic relations ,International economic relations ,Intellectual property ,Liraglutide ,Type 2 diabetes ,Judgments (Law) ,Medical law ,Patent law ,Judgments - Abstract
Canberra: Federal Court of Australia has issued the following judgment on (12 December 2024): FEDERAL COURT OF AUSTRALIA Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414 File [...]
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- 2024
212. Patents - Filing Of Divisional Application On The Day Of Grant Of Patent In Original Application Is Not Fatal
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Patent law ,Grants-in-aid ,Business, international - Abstract
The Madras High Court has quashed the Order passed by the Deputy Controller of Patents and Designs refusing to grant patent in respect of a Divisional Application on the ground [...]
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- 2024
213. Thinking Strategically About IP, Patents And Agtech Innovation
- Author
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Graff, Danielle
- Subjects
Patent law ,Agricultural biotechnology -- Intellectual property -- Management ,Company business management ,Business, international - Abstract
This blog was prepared by: Jennifer Cox, Manager of Communications, EMILI When MLT Aikins lawyers Danielle Graff and Nicolas Joubert were asked to provide a legal perspective on ag innovation [...]
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- 2024
214. When Innovation Meets Regulation: Unpacking The CCI's Jurisdiction In Patent Regulation
- Author
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Khanna, Shivya
- Subjects
Jurisdiction -- Laws, regulations and rules ,Patent law ,Independent regulatory commissions -- Powers and duties ,Competition (Economics) -- Laws, regulations and rules ,Government regulation ,Business, international ,India. Patents Act 1970 ,India. Competition Act 2002 - Abstract
In today's dynamic and innovation-driven economy, intellectual property rights (ôIPRsö) like patents play a pivotal role in fostering innovation and protecting investments. However, the interplay between patents and competition law [...]
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- 2024
215. PREDATORY DRUG PATENT ABUSE COSTS MEDICARE BILLIONS
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United States. Centers for Medicare and Medicaid Services ,Medicare -- Intellectual property ,Patent law ,Medical economics ,Drugs -- Prescribing -- Intellectual property ,Drug abuse ,News, opinion and commentary - Abstract
WASHINGTON, DC -- The following information was released by Public Citizen: Ahead of a second round of price negotiationsá for popular brand-name prescription drugs áby the Centers for Medicare and [...]
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- 2024
216. Obrist Group: Methanol as the Ideal Fossil Fuel Replacement for Key Industries; Key Industries for Methanol: Automotive, Shipping, Aviation, Energy, and Chemicals
- Subjects
Methanol ,Law firms ,Automobile industry ,Patent law ,Alcohol industry ,Fuel industry ,Energy minerals ,Fossil fuels ,Alternative energy sources ,Consulting services ,Aeronautics ,Automobile Industry ,Business ,Business, international - Abstract
M2 PRESSWIRE-December 5, 2024-: Obrist Group: Methanol as the Ideal Fossil Fuel Replacement for Key Industries; Key Industries for Methanol: Automotive, Shipping, Aviation, Energy, and Chemicals (C)1994-2024 M2 COMMUNICATIONS RDATE:05122024 [...]
- Published
- 2024
217. Typical Mistakes in Claims and Specifications of the Inventions in the NBC Protection Corps
- Author
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M. V. Supotnitskiy
- Subjects
formal examination ,generic concept ,invention ,patent law ,prototype ,nbc protection corps ,substantive examination ,technical problem ,technical result ,technical solution ,Military Science - Abstract
The growth of inventive activity in the NBC Protection Troops is accompanied by an increase in requests for examination, leading to a delay in the process of considering patent applications at the Federal Institute of Industrial Property of Rospatent. The aim of this work is to summarize the common mistakes in the claim and the Specifications of the inventions in the NBC Protection Troops. Materials and research methods. Examination requests for applications for inventions were analyzed, for which positive decisions were eventually received, i. e. the delay in their consideration was not due to the lack of a technical solution. In the application materials, the most typical mistakes were identified and summarized with the references to regulatory documents. The provisions of these documents were explained in the text of the article and supported by references to the work of patent law specialists. The results of the study. The main mistakes detected at the stage of formal examination are made in the application, description of drawings and in the claims. At the stage of substantive examination, the experts pay attention to the applicants' misunderstanding of the rules for drawing up the claims and sections of the description that substantiate the claims. The «Background of the Invention» section is usually presented in the form of a review, in which the closest analogue is not analyzed; the technical result is not indicated; examples revealing the implementation of the claimed invention are not complete. Discussion of results and conclusions. Any mistakes detected at the stage of formal expertise can be easily corrected with careful attention to the preparation of application documents. The mistakes identified at the stage of substantive examination are of a systemic nature. They are based on the stereotypes of a specialist, who can not see patentable technical solutions and cannot plan them. It is possible to correct this situation by training young specialists in the field of legal protection and protection of inventions, utility models, industrial designs and methods of their use, even before they start their main activities. It is possible also to accompany such trainings with the study of the fundamentals of the Theory of Inventive Problem Solving. Patenting itself must be carried out within the framework of the organization's patent policy.
- Published
- 2023
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218. Concepts and criteria of patentability of invention, utility model and industrial design
- Author
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Pitsyk K.
- Subjects
patent law ,invention ,utility model ,Law - Abstract
Purpose.The purpose of the work is to analyze the concepts and criteria of patentability of an invention, utility model, and industrial design. Methodology.The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, functional, systemic-structural, logical-normative. Results: In the research process, it was recognized that patent law covers a set of norms regulating relations related to the creation, design and use of inventions, utility models and industrial designs, which include both personal and property rights. A patent is a document that confirms the right to intellectual property in relation to an invention, a utility model or an industrial design. Issuance of a patent is a consequence of the need to define the right to a creative achievement, as well as the possibility for parallel development, since the first person who disclosed knowledge to the public should have the right vested in him. Scientific novelty. In the research process, it was established that if the technical essence of the object needs to be protected, an application for an invention or a utility model can be submitted, and when it is necessary to protect the appearance, an industrial design is used. Thus, an invention and a useful model are the result of human intellectual activity in any field of technology, and an industrial model - in the field of artistic design. Practical significance. The results of the research can be used in law-making and law-enforcement activities.
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- 2023
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219. Is the Territoriality Principle of Patent Rights Unfounded?
- Author
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Suzuki, Masabumi
- Subjects
INTELLECTUAL property ,PATENT law ,APPLICABLE laws ,CONFLICT of laws ,PATENT applications ,PATENT licenses ,PATENT infringement - Abstract
The article discusses the debate in Japan regarding the territoriality principle of patent rights. Some researchers argue that Japanese patent rights should be recognized universally, while others, including the Japanese Supreme Court, uphold the territoriality principle. The article explores the implications of these differing views on patent infringement cases involving cross-border activities and highlights the importance of the territoriality principle in international patent law. The author advocates for maintaining the territoriality principle of patent rights, emphasizing its role in ensuring predictability and international cooperation in patent protection. [Extracted from the article]
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- 2025
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220. Author Index for Volume 31.
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- *
PATENT law , *SCIENCE publishing , *ALGEBRA , *CONFERENCES & conventions , *AUTHORS - Published
- 2024
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221. Peter Andrew Sturrock 1924- 2024: Founder of the Society for Scientifi c Exploration.
- Author
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Bengston, Bill
- Subjects
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PLASMA physics , *RESEARCH personnel , *SCHOLARLY periodicals , *DARK matter , *PATENT law - Abstract
The article in the Journal of Scientific Exploration commemorates the life and contributions of Peter Andrew Sturrock, who passed away at the age of 100. Sturrock was a distinguished physicist known for his work in astrophysics, plasma physics, and solar research, as well as for his role in founding the Society for Scientific Exploration (SSE). The SSE was established to provide a platform for scholars conducting research in unconventional areas and to foster collaboration and discussion among scientists. Sturrock's legacy is characterized by his endless curiosity, courage to challenge orthodox beliefs, and commitment to rigorous scientific inquiry. [Extracted from the article]
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- 2024
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222. Intellectual Property.
- Author
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Dubis, Joe
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INTELLECTUAL property ,TRADEMARKS ,INDUSTRIAL property ,PATENT law ,PRELIMINARY injunctions ,COVENANTS not to compete - Abstract
The article offers several court cases related to intellectual property law, focusing on patent disputes, quasi-contract claims, and trademark issues. Topics include the construction of the term "plurality" in a patent case, the court's ruling that quasi-contract claims are not preempted by patent law, and a preliminary injunction against a former franchisee for violating a noncompete agreement.
- Published
- 2024
223. ‘Big Pharma is at peak power’.
- Author
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Landin, Conrad
- Subjects
- *
PHARMACEUTICAL industry , *PATENT law , *SOCIAL & economic rights - Abstract
Fatima Hassan, a prominent public health campaigner in South Africa, has fought against AIDS denialism and "vaccine apartheid" during the Covid-19 pandemic. After working on legal protections for people living with HIV, Hassan founded the Health Justice Initiative in 2020, advocating for an inclusive and equitable public health system. She discusses the limitations of the mRNA Technology Transfer Hub in Cape Town and the need for patent law reforms in South Africa. Hassan also highlights the influence and power of the pharmaceutical industry, which has hindered access to vaccines and prioritized profits over affordable healthcare. [Extracted from the article]
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- 2024
224. Inventions-Not Trees in the Forest.
- Author
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Caltrider, Steven P.
- Subjects
ARTIFICIAL intelligence ,PATENT law ,TECHNOLOGY - Abstract
The article discusses the implications of artificial intelligence (AI) on the concept of inventorship within the framework of U.S. patent law, questioning whether AI-generated inventions can be legally recognized as such under current guidelines. It critically examines how the U.S. Patent and Trademark Office's (USPTO) Inventorship Guidance might misapply legal standards by conflating AI's role with traditional notions of human inventorship and conception.
- Published
- 2024
225. Supervision and guarantee of constitutional normativity in a legal system aimed at legal regulation
- Author
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Xu Juan
- Subjects
constitutional normative supervision ,law naming entity identification ,environmental protection law ,patent law ,00a73 ,Mathematics ,QA1-939 - Abstract
This study focuses on the monitoring and safeguarding constitutional normativity in the legal system, explores its empirical Analysis in environmental protection law and patent law, and emphasizes the importance of the legal named entity identification model and legal instrument element extraction. The study adopts the implicit Markov-based legal named entity identification model and the Bleem model oriented to extracting legal instrument elements. In environmental protection law, we explored the correlation between the content and manner of law enforcement through a quantitative analysis model. We found that the correlation between pollution prevention and source prevention was 0.575, showing a strong correlation. We analyzed the R&D investment data of 23 provincial-level administrative division units in patent law from 2009 to 2023. We found that in-house R&D expenditures increased from 65% to 78.5%, proving the significant incentive effect of the patent law reforms on enterprise R&D investment. Adequate supervision and guarantee of constitutional normativity play an essential role in the improvement and practical implementation of the legal system, especially in the fields of environmental protection and intellectual property rights.
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- 2024
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226. Acknowledgements to the Referees.
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SCIENCE publishing , *PATENT law - Abstract
The document titled "Acknowledgements to the Referees" is a list of individuals who reviewed papers submitted to the International Journal of Uncertainty, Fuzziness, and Knowledge-Based Systems between January 2023 and December 2023. The list includes a diverse range of names from various cultural backgrounds. The purpose of the document is to express gratitude to these referees for their contributions to the journal. [Extracted from the article]
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- 2024
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227. Algorithms to Patents: Can AI Systems Truly Invent?
- Author
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McCarthy, Kathryn
- Subjects
PATENT offices ,PATENT law ,DISTRICT court decisions ,PATENT applications ,INTELLECTUAL property ,INVENTIONS - Published
- 2024
228. Liability and Patent Protection for Space Activities in China
- Author
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Wang, Guoyu and Ma, Xiao
- Published
- 2023
- Full Text
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229. 2024 In-House Counsel Awards: Douglas V. Brown
- Subjects
Vista Outdoor Inc. -- Intellectual property ,Patent law ,Intellectual property ,Trademark infringement ,Intellectual property ,News, opinion and commentary ,Business, regional - Abstract
Byline: Staff Report Chief Counsel, American Outdoor Brands, Georgetown University Douglas V. Brown's many duties as chief counsel for American Outdoor Brands don't just include managing the legal aspects of [...]
- Published
- 2024
230. An Australian company now owns one-third of Canada’s patent law market, drawing concern over conflicts of interest
- Author
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Doolittle, Robyn
- Subjects
Patent law ,Trademarks -- Laws, regulations and rules ,Government regulation - Abstract
IPH Ltd.’s acquisition of Bereskin & Parr in August is the company’s fourth in the past two years, raising concerns the consolidation will increase costs and harm small domestic innovators, Australian intellectual property services company IPH Ltd. now controls about a third of the Canadian patent and trademark law market following its recent acquisition of Bereskin & Parr. That deal, [...]
- Published
- 2024
231. Hope against fibrosis
- Published
- 2024
232. Can comprehensive environmental regulation trigger green innovation? evidence from the low-carbon city pilot policy and green patents of listed industrial enterprises.
- Author
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Chen, Chaofan, Zheng, Lijuan, Lin, Yongsheng, and Guan, Chenghua
- Subjects
ENVIRONMENTAL regulations ,CITIES & towns ,PATENTS ,BUSINESS enterprises ,PATENT law - Abstract
Using the gradual promotion of China's low-carbon city pilot policy (LCCPP) as a quasi-natural experiment, this study investigates the impact of comprehensive environmental regulation on green innovation represented by green patents of listed industrial enterprises. Our results revealed that enterprises located in cities with LCCPP produced a high intensity and volume of green patents. LCCPP increased the proportion of green invention, green utility model, and total green patents by 1.26%, 0.72%, and 0.84%, respectively. Moreover, we found that enterprises located in eastern cities and those with high research and development intensity and productivity were likely to benefit most from LCCPP, and LCCPP also triggered green innovation in high-emission and high-energy-consuming industrial sectors. Our results suggest that, for developing economies, a flexible and comprehensive environmental regulation that combines command-and-control and market-based regulations would be preferable for promoting enterprises' green innovation. [ABSTRACT FROM AUTHOR]
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- 2023
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233. Historical Kinship & Categorical Mischief: The Use and Misuse of Doctrinal Borrowing in Intellectual Property Law.
- Author
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Bartholomew, Mark and Tehranian, John
- Subjects
- *
INTELLECTUAL property , *COPYRIGHT , *PATENT law , *DECISION making in law , *INDUSTRIAL laws & legislation - Abstract
Analogies are ubiquitous in legal reasoning, and, in copyright jurisprudence, courts frequently turn to patent law for guidance. From introducing doctrines meant to regulate online intermediaries to evaluating the constitutionality of resurrecting copyrights to works from the public domain, judges turn to patent law analogies to lend ballast to their decisions. At other times, however, patent analogies with copyright law are quickly discarded and differences between the two regimes highlighted. Why? In examining the transplantation of doctrinal frameworks from one intellectual property field to another, this Article assesses the circumstances in which courts engage in doctrinal borrowing, discerns their rationale for doing so, identifies whether certain patterns of borrowing exist, and scrutinizes the value, propriety, and impact of such borrowing. By tracing the different strains that animate the courts’ analogical jurisprudence in patent and copyright law, the Article builds on broader insights from the scholarship on legal borrowing and offers guidance on how to approach analogies between related legal regimes in a more disciplined fashion. In the end, the Article seeks to provide a better understanding of what juridical techniques courts may deploy to strengthen the efficacy of borrowing—so that importation of legal doctrine can do more good than harm—in intellectual property law and more generally. [ABSTRACT FROM AUTHOR]
- Published
- 2023
234. Not So Obvious: Patent Examiners Need Advanced Tools to Support United States Innovation.
- Author
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Zelezny, Steve
- Subjects
- *
PATENT law , *PATENT offices , *PATENTS - Abstract
The article discusses the challenges faced by patent examiners in the United States and the need for advanced tools and training to support innovation. It highlights the redefinition of prior art and the increase in software-related inventions as obstacles faced by examiners. The article emphasizes the importance of AI tools in improving prior art searching and suggests that the Patent and Trademark Office can learn from innovative practices in foreign patent offices. It also calls for amendments to the PEQIA to provide concrete guidance and coordination with federal agencies. The text discusses various aspects related to patent examination and the need for advanced technology and training for patent examiners. It mentions the NAIIA and the creation of the NAIIO to promote AI-based technologies in the federal government. It also highlights President Biden's Executive Order to enhance examiner training and prevent obvious changes to drugs from being patented. Additionally, it discusses the AIA and its impact on prior art, as well as the proposed PEQIA to address concerns about patent quality. The text emphasizes the importance of boosting prior art searching with AI tools and federal agency coordination to enhance examiner technical training. The text discusses the challenges faced by patent examiners in evaluating multidisciplinary inventions and searching for prior art within various fields. The Patent and Trademark Office is implementing AI-driven tools to streamline the prior art searching process and adopting innovative practices from foreign patent offices to enhance AI-based acumen. Additionally, the office is working on partnerships and federal agency coordination to provide advanced technical training to examiners. The [Extracted from the article]
- Published
- 2023
235. THE FEDERAL CIRCUIT’S EXPERIMENTAL PRISM.
- Author
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Bock, Jeremy W.
- Subjects
UNITED States appellate courts ,PATENT law - Abstract
Whether the U.S. Court of Appeals for the Federal Circuit is succeeding in its role as the steward of decisional patent law has been the subject of considerable debate and many empirical studies for the past forty years. Based on these studies, some observers have expressed skepticism of the utility of that court’s exclusive, nationwide jurisdiction over patent appeals. But the substantial body of empirical literature on the Federal Circuit has been viewed largely from a single vantage point, one that attributes any negative or undesirable outcomes to the court’s specialization. This Article argues that there is another way to look at the data: the Federal Circuit’s institutional design actually makes it easier to discern the weaknesses in the rules, practices, and conventions governing the creation of precedents in the federal appellate courts that would otherwise be obscured due to confounders and the length of time necessary to accumulate datapoints. This raises a question: to what extent are the problems with the Federal Circuit attributable to specialization as opposed to weaknesses in the day-to-day operational procedures commonly used throughout the federal courts of appeals? To explore this question, this Article makes the novel claim that, if there were a judicial analogue to a “lab rat” that can be used to study the operation of the federal appellate courts, the Federal Circuit may be it. Notably, the court follows many of the same rules, practices, and conventions employed in the regional circuits for creating precedents (e.g., opinion assignment rules, use of nonprecedential opinions, the “prior panel rule”) and has the same primary tools for correcting its caselaw (i.e., en banc rehearings and review by the U.S. Supreme Court), but it operates in an environment where doctrinal percolation and iteration have been sped up and where the evolution of a specific area of the law can be clearly tracked. To extend the “lab rat” analogy further, the Federal Circuit provides a convenient environment to test new rules and practices for precedent management because its jurisdictional isolation from the rest of the court system may allow it to serve as an experimental sandbox. [ABSTRACT FROM AUTHOR]
- Published
- 2023
236. Redefining Patent Translation: The Influence of ChatGPT and the Urgency to Align Patent Language Regimes in Europe with Progress in Translation Technology.
- Author
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Larroyed, Aline
- Subjects
CHATGPT ,LANGUAGE models ,PATENT applications ,LEGAL documents ,TRANSLATING & interpreting ,PATENT law ,PATENTS ,LANGUAGE & languages - Abstract
This article investigates the impact of ChatGPT on the current language regimes in Europe for patent translation. With the growing number of patent applications being filed annually, there is a high demand for cost-effective and high-quality patent translation services. Despite advancements in translation technology, including ChatGPT, there remains a scarcity of research on the use of these technologies in patent translation, particularly with regard to the legal validity of machine-generated translations. The article takes an interdisciplinary approach, incorporating a review of regulatory documents, a preliminary evaluation of ChatGPT's performance using the LISA QA matrix and a review of relevant doctrinal literature. The regulatory examination in this study centers on the provisions of the European Patent Convention and related legal documents that specify the language criteria for acquiring a patent within Europe. The preliminary evaluation uses a sample of 20 patents translated from English into Portuguese to assess accuracy, fluency and acceptability. The examination of available legal literature strives to attain a thorough comprehension of how laws and principles of the legal system are being put into practice in association with the progression of translation technologies. This article endeavors to examine the potential effects of utilizing ChatGPT in patent translation on existing language regulations in Europe and if new regulations will be necessary. It highlights the need for further research in this field to better understand the advantages and implications of using advanced language models in patent translation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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237. Communities as inventors: Rethinking positive protection of traditional knowledge through patents.
- Author
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Bhaduri, Anik
- Subjects
TRADITIONAL knowledge ,INDIGENOUS rights ,PATENT law ,PATENTS ,PROPERTY rights ,PATENT licenses - Abstract
Traditional knowledge of indigenous communities often overlaps with spiritual traditions in which certain biogenetic resources are understood to be "sacred". Accordingly, one of the key concerns of these communities is to retain control over the manner in which the knowledge is used so as to ensure that its sanctity is preserved. While much of the literature on the protection of traditional knowledge revolves around defensive protection, some commentators have argued for positive protection using patent law by recognizing the entire community as inventors and vesting property rights in perpetuity with the community as a whole. This paper observes that such positive protection through patents is consistent with the TRIPS Agreement and is likely to be successful in combating biopiracy but suffers from one crucial flaw—even if the community owns patent rights over a biogenetic resource, the community has no means to ensure that a potential licensee of the patent would adhere to the religious protocols of the community. Accordingly, it argues for the incorporation of collective moral rights rooted in indigenous law into the legal framework governing the licensing of traditional knowledge patent with a view to ensuring that indigenous communities can preserve their cultural heritage even after such community patents are licensed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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238. The FDI-spawned technological spillover effects on innovation quality of local enterprises: evidence from industrial firms and the patents in China.
- Author
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Tan, Jing, Zhang, Yaqiao, and Cao, Hui
- Subjects
PATENT databases ,INDUSTRIAL clusters ,FOREIGN investments ,PATENTS ,TECHNOLOGICAL innovations ,PATENT law ,INTELLECTUAL property - Abstract
Foreign direct investment is a topic of crucial importance for emerging market countries for capital accumulation, innovation and sustainable development. From the perspective of technological innovation, the article explores how 'desirable' the FDI is in stimulating domestic innovation. Using industrial firm-level data from 1998 to 2013 combined with patent database from China National Intellectual Property Administration and patent citations from Google Patents, the article captures the significant impact of innovation quality of regional FDI on the innovation quality of local firms with both multi-fixed effects and instrumental variable estimations, which are proved to be reliable with robustness checks. Further, under different entry modes, the article finds that M&A FDI plays a more positive role in spillovers compared with greenfield investment. Finally, the article explores the upstream and downstream linkage benefits and intra-industrial benefit from FDI innovation, which shows that the intra-industrial benefit, or the demonstration effect is prominent. Our article renders a more direct micro evidence of FDI spillovers and sheds light on FDI attracting policies. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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239. The effect of the opioid crisis on patenting.
- Author
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Cohle, Zachary and Ortega, Alberto
- Subjects
- *
OPIOID epidemic , *PATENT offices , *DRUG abuse prevention , *OPIOID abuse , *STEM occupations , *PATIENT education , *PATENTS , *PATENT law - Abstract
The opioid crisis in the United States has resulted in a dramatic increase in overdose deaths over the last two decades. This crisis has created an economic ripple affecting an important engine of growth: patenting. Using patent data from the United States Patent and Trademark Office (USPTO), we show a negative effect of opioid prescriptions on the amount of patenting that occurs in a county. Despite inventive activities being hampered by the negative economic effects that opioid misuse creates in an area, we also find evidence that the opioid crisis incentivizes inventors to relocate. Similarly, we find a reduction in the number of high-tech firms and STEM graduates. We also show that the opioid crisis dramatically reduces the number of white and non-white inventors. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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240. HOLISTIC CLAIM CONSTRUCTION.
- Author
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Mishchenko, Lidiya
- Subjects
- *
JURISPRUDENCE , *DISTRICT courts , *COMMON law , *PATENT law , *FREEDOM of speech - Abstract
Jurisprudence in the area of defining patent scope is opaque and inconsistent. District courts and litigants cannot be certain of the bounds of the exclusive territory covered by a patent--defined by the patent's claims--until the Court of Appeals for the Federal Circuit-the single patent appellate court in the nation-says what it is in an appeal after final judgment. The appellate court appears to simply redo the analysis of the district courts, yet often inexplicably reaches a different conclusion based on the patent's text. Though much has been written about the Federal Circuit's unpredictable, textual approach to claim construction, no scholarship has focused on the fact that the problem may stem from the court's inconsistent treatment of ex post information in the analysis--information that was uncovered after patent issuance. Because the Federal Circuit generally presents claim scope as immutably set ex ante at patent grant, it only erratically acknowledges the relevance of ex post information in the claim construction inquiry. This Article proposes a more functional, holistic approach to claim construction that forces the courts to expressly acknowledge the relevance of ex post information in every case. A court reassessing the scope of a patent would ask: If a decision-maker had known everything ex ante that has since been discovered ex post in the course of the litigation, would they have still granted the patent as written? The proposal is based on the under appreciated reality that claims are meant to be temporally flexible in order to incentivize innovation. And although the Federal Circuit does not explicitly admit to this, its opinions indicate that claim construction is not a stand-alone, objective analysis based only on facts and arguments made before patent grant. Therefore, the proposal simply attempts to make express what is already being done implicitly on the appellate level--it encourages courts to look at the determination of patent scope during claim construction in a more integrated way to consider how the scope relates to the other issues in the case. Using this approach, courts automatically help align their reasoning in claim construction with patent law's purpose of promoting innovation. The transparency and principled reasoning resulting from the Federal Circuit implementing such a proposal would help develop a more orderly common-law doctrine of claim construction, providing much-needed guidance to district courts and patent litigants. [ABSTRACT FROM AUTHOR]
- Published
- 2023
241. DRUGS, DECEPTION, AND DISCLOSURE.
- Author
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McCrudden, Garreth W.
- Subjects
- *
PHARMACEUTICAL industry , *DRUG patents , *PATENT law - Abstract
The article focuses on exploring a conflict within pharmaceutical industry concerning the dual requirements of presenting a product as similar to approved drugs for U.S. Food & Drug Administration (FDA) approval while also distinguishing it from prior art for the U.S. Patent and Trademark Office (USPTO) patent protection. Topics include the need for a new system facilitating interaction between the USPTO and FDA during patent prosecution and proposing a post-patent issuance solution.
- Published
- 2023
- Full Text
- View/download PDF
242. Pharmaceutical Cocrystals a Patentable Composition - A Review.
- Author
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Ramadoss, Karthikeyan, Ganapathi, Haema, Venugopal, Vijayan, Sundaram, Sakthiganapathi Meenatchi, Seetharaman, Shanmuganathan, and Vadivel, Velmurugan
- Subjects
- *
INTELLECTUAL property , *LEGAL judgments , *PATENT law , *CRYSTALLIZATION , *PATENTS - Abstract
The major topic of this review study involves the connection between particular scientific, legal, and regulatory elements of pharmaceutical crystal forms. By referring to current scientific advancements in this area, the article provides an examination of pharmaceutical co-crystals as patentable inventions. The following few potential business benefits of pharmaceutical co-crystals and the other recent court rulings concerning important problems are compiled. The regulatory status of co-crystals has become a major concern recently with the rise of pharmaceutical co-crystals. The situation has grown even more problematic as a result of the new regulations from the European Medicines Agency (EMA) and the United States Food and Drug Administration (USFDA), as there are vastly divergent viewpoints. The essay offers a perspective on the potential effects of co-crystallization on the landscape of pharmaceutical intellectual property. Another point that has been considered is whether cocrystals qualify for patent protection in accordance with the literature and standards on pharmaceutically approved co-crystals. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
243. Copyright for performers—an obligation under international law.
- Author
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Eidsvold-Tøien, Irina and Stenvik, Are
- Subjects
INTERNATIONAL law ,COPYRIGHT ,PATENT law - Published
- 2023
- Full Text
- View/download PDF
244. After reform of the European Patent Organisation, the German Constitutional Court finds that at least a minimum judicial standard applies.
- Author
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Aerts, Rob J
- Subjects
CONSTITUTIONAL courts ,INTELLECTUAL property ,PATENT law - Published
- 2023
- Full Text
- View/download PDF
245. Urgency in preliminary injunctions in patent law (with a discussion of Solarzelle II and Bortezomib II).
- Author
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Neuhaus, Stephan
- Subjects
PATENT law ,INTELLECTUAL property - Published
- 2023
- Full Text
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246. THE A.I. INTELLECTUAL PROPERTY OFFICE OF THE FUTURE: A PROPOSAL TO GRANT AUTHORSHIP AND INVENTORSHIP RIGHTS TO A.I.
- Author
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Kaden, Ally E.
- Subjects
INTELLECTUAL property ,ARTIFICIAL intelligence ,PATENT law ,LEGAL recognition - Abstract
The article focuses on addressing the challenges and opportunities presented by the advancement of artificial intelligence (A.I.) technology within the context of intellectual property laws in the U.S. It argues for the inclusion of A.I. as authors and inventors within copyright and patent laws, advocating for legal recognition and protection of A.I.-generated creative works and innovations.
- Published
- 2023
247. IMPACT OF ARTIFICIAL INTELLIGENCE ON PATENT LAW.
- Author
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ANTONIO, SILVA, DALIA, PERKUMIENĖ, and SIMONA, VRUBLEVICIŪTĖ
- Subjects
PATENT law ,ARTIFICIAL intelligence ,LEGAL ethics ,ECONOMIC competition ,INVENTORS - Abstract
According to Professor Klaus Schwab, the founder and head of the World Economic Forum, new and rapidly developing technologies are interconnected and complement each other in the physical, biological and digital spheres. In 2025 it is estimated that the preliminary amount of investments in the development and improvement of these technologies, including the annual increase in their value, which usually reaches 50 %, will rise to 35-50 billion US dollars. It is important to highlight that the number of patent applications related to artificial intelligence has increased significantly in recent years. A review conducted by the World Intellectual Property Organization notes that since the emergence of artificial intelligence in the 1950s, inventors have filed nearly 340,000 patents. Patent applications and published more than 1.6 million scientific publications on the topic of AI. In order to increase Europe's competitiveness in the fields of artificial intelligence research and implementation, the European Commission in 2018 published the European Artificial Intelligence Strategy, in which the following goals were set: promotion of the implementation of artificial intelligence in all areas of the economy, increasing the technological and industrial capacity of the European Union and preparing for economic and social changes, thus guaranteeing the proper functioning of legal and ethical systems. Also, in the same year, i.e. in 2018, by the decision of the European Commission, the European Artificial Intelligence Alliance was established to bring together various discussions and attract the participation of companies, consumer organizations, trade unions and representatives of civil society. In 2020 The European Commission presented an ambitious program published in the White Paper, the essence of which was to establish a pan-European approach to artificial intelligence. Artificial intelligence and computer systems based on it have long been used in most industries to automate and modernize all production. However, today these systems are becoming widely used in commercial industries as well. According to R. Abbot, a professor of law and medical sciences at the University of Surrey in the United Kingdom, artificial intelligence has recently been able to independently create inventions that can potentially be protected by patents. Despite this, many countries require that a natural person filing a patent application be listed as the inventor, but no legal framework has yet emerged to regulate the legal protection of inventions created by artificial intelligence (Abbot, 2019). The ongoing debate has also affected the World Intellectual Property Organization (WIPO), whose goal is a balanced and effective international intellectual property protection system that encourages innovation and creativity. The organization invited all member states to participate in a political debate on the impact of artificial intelligence on intellectual property rights. The third session discussed the most important questions of patent law: will there be a result of intellectual activity when an object has all the characteristics of patent law, but is autonomously created by artificial intelligence? Who will own the intellectual property rights to the invention created? During the discussion, Estonia, Latvia and Poland expressed their positions, but Lithuania has not yet spoken on this topic. In conclusion, the significance of the topic addressed in this scientific Article stems from the continually rapid progress of artificial intelligence technologies. This progress provides the opportunity for artificial intelligence to function as an inventor, creating innovations without human intervention. Considering the ongoing technological changes, it is suggested to update patent law systems and strive to balance the interests of society and artificial intelligence developers. Problematic question: can artificial intelligence be recognized as an inventor in the context of patent law? The purpose of the article: is to examine the impact of artificial intelligence on patent law. Object: the analysis of the legal system of patents, the regulation of which is influenced by artificial intelligence. Tasks: 1) examine the concept of the invention and compare patenting conditions in selected different jurisdictions; 2) analyze the current impact of artificial intelligence on Lithuanian patent laws and identify problems; 3) indicate the future prospects of artificial intelligence for the improvement of legal acts. Methods: linguistic (linguistic) - helps to understand the true meaning of the concepts and expressions used; systemic - helps to study patent law interacting with other legal systems; comparative - used to compare Lithuanian patent sources with European and other countries patent laws and court decisions; logical - integral in presenting conclusions and generalizations of thoughts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
248. ENVIRONMENTAL POLICY OF THE EUROPEAN UNION - FOCUSING ON CAUSES OF INFRINGEMENT REFERRING TO ROMANIA.
- Author
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MARINICĂ, Claudia Elena and HRESTIC, Maria-Luiza
- Subjects
ENVIRONMENTAL policy ,CLIMATE change ,PATENT law ,ENVIRONMENTAL regulations - Abstract
The European Union is currently facing unprecedented environmental, climate and sustainability challenges, so a better environmental policy represents an overview that the European Union must consider in order to achieve a sustainable ecological transition for its citizens. In order to achieve the proposed objective, the article exhaustively addresses the European Union legislation, specialized literature, the political guidelines adopted within the Presidency of the Council of the European Union between 2021-2022, but also the implementation and current perspectives of environmental measures in Romania. The purpose of this article st o analyse the latest measures in environmental policy, by referring to situations of non-fulfilment of obligations by the member states, respectively Romania, which determine actions of the European Union enacted by the European Commission. In order to achieve this objective, an analysis of the regulations relating to environmental policy was the main resource, having as a guide the scope of the European Commission's decisions towards Romania and its effects, qualitative and quantitative methods being used in this respect. Finally, the article proposes some recommendations at the national and European level for the preparation of a better implementation of the environmental policy. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
249. Amgen v. Sanofi : The U.S. Supreme Court Reviews Patent Enablement.
- Author
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Huberfeld, Nicole, McClain, Linda C., Ahmed, Aziza, Curfman, Gregory, and Boumil, Marcia M.
- Subjects
- *
PATENT law , *JUDGMENT (Psychology) , *MONOCLONAL antibodies , *CONFLICT (Psychology) , *COURTS , *REWARD (Psychology) , *PHARMACEUTICAL industry , *JURY , *LEGAL procedure - Abstract
On June 18, 2023, the U.S. Supreme Court in the matter of Amgen, Inc. et al. v. Sanofi, et al. 1 unanimously upheld the 2021 decision of the U.S. Court of Appeals for the Federal Circuit,2 striking down as overbroad Amgen's patent claim to an entire functional genus of monoclonal antibodies. Amgen's patent claims were not limited to antibody structure or antibody amino acid sequences. This is significant because Amgen's patent claims did have amino acid sequences, but they were directed to the epitope. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
250. 介孔吸附常用经典分析模型的比较.
- Author
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张伟庆 and 胡谷平
- Subjects
- *
PHYSISORPTION , *MESOPOROUS materials , *REFERENCE values , *PATENT law , *ADSORPTION (Chemistry) - Abstract
The scientific characterization of the properties of mesoporous materials is a key link for their development and application. In this paper, the development history, application scope, and characteristics of mesoporous adsorption and commonly used classical analytical models are briefly introduced by tabular comparison. To systematically understand the classical mesoporous analysis methods in physical adsorption, they were classified into four categories: modeled, model-free, completely model-free, and reverse methods. Then, these methods and three frequently-used analytical software for mesoporous adsorption were compared and analyzed. This has reference value for technicians of adsorption instrument management as well as for teaching and research of mesoporous materials. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
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