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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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