Patent Law at the Centre of Today’s IP Debate

2008

This paper will examine the ambiguity of two dominant patent law regimes regarding whether the subject matter of patents ought to be restricted to that of technology. Why is this topic important? It is widely presumed by professionals in the field of intellectual property and by educated members of the general public that patents are legal instruments issued by governments to protect technology-or at least to protect the pertinent intellectual property rights of the inventors of technology. In other words, for most informed people it is common sense that the subject matter of patents is technology. 1 However, there are several reasons why we may wish to reexamine this very reasonable and ubiquitous presumption.

2013

Layout: proxessmaes.be ISBN 978 90 382 2256 1 D/2013/4804/266 U 2115 NUR1 754 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the permission of the publishers.

Social Science Research Network, 2008

This paper will examine the ambiguity of two dominant patent law regimes regarding whether the subject matter of patents ought to be restricted to that of technology. Why is this topic important? It is widely presumed by professionals in the field of intellectual property and by educated members of the general public that patents are legal instruments issued by governments to protect technology-or at least to protect the pertinent intellectual property rights of the inventors of technology. In other words, for most informed people it is common sense that the subject matter of patents is technology. 1 However, there are several reasons why we may wish to reexamine this very reasonable and ubiquitous presumption.

Science & Public Policy, 2009

The patent system has gained political attention in both Europe and the US as the core regulatory regime of an increasingly knowledge-based economy. Europe and the US alike have recently engaged in a series of reform efforts of their patent systems. These efforts reflect a shift from a legal and administrative emphasis on harmonization and globalization toward greater attention to issues of innovation and competition. However, the complexity of the systems, the asymmetric distribution of costs and benefits of change, the diversity of economic and political interests, and the high technical profile of this regulatory field, make reform difficult and slow. Whereas Europe focuses on regional integration, the US focuses on substantive and procedural solutions to perceived failings and abuses. The purpose of this paper is to provide an overview of the trajectory of reform in each jurisdiction and to consider whether and how the experiences of each may be of value to the other.

2009

Patents are a key element of our knowledge based economy. They are meant to operate as an instrument for fostering innovation by generating incentives through the grant of temporary exclusive rights. The present paper starts by describing some major trends in patent law and practice and throws some light on the concerns to which modern patent law gives rise: extension of patentable subject matter, growing attention for patent quality, appearance of patent thickets and restrictive licensing practices, emergence of governance issues such as the North-South divide, increasing influence of “epistemic communities�?, as well as an enlarged role of ethics and of human rights. Some of these trends have led to serious concerns with regard to current patent law and practice and urged competent authorities to launch a patent reform debate (Chapter 1). In aiming at a better comprehension of these trends and concerns, an analytical model has been deployed revolving around the objectives and func...

World Patent Information, 2006

European patent system --economics --goal of promoting innovation --protection -diffusion of information --market for technologies --small and medium sized enterprises -application fees --fees as motivators of behaviour --co-existence of national and European patent systems --translation requirements --economic justification Abstract: Patents for plants --plant variety protection (PVP) --breeding to commercially released varieties --breeders' exemption --research exemption --Germplasm access --seed and biotechnology industry --utility patents --removal of patented trait or technology --scope of claims granted --no case law --enforceability of after sales conditions --bag tags contracts Abstract: Adoption of the doctrine of equivalents --purpose --function-way result --tripartite test --prior art element --doctrine of equivalents --advantages --disadvantages --biotechnology --the situation in Hong Kong. Abstract: Pharmaceuticals --parallel imports --European Community --United Kingdom Advocate General advice --repackaging --reboxing --prevention of resale should not be upheld -boxing must not impair guarantee of origin --design of repackaging not issue Abstract: Legal publishers polling members of IP bar and IP clients --ranking --lists --awards -trade mark professionals. Abstract: Trademark Law Revision Act --dilution law --Louis Vuitton Malletier S.A. v Haute Diggity Dog --parodies of famous trade marks --judicial comments --fairness of the parody --Tommy Hilfiger --inoffensive parody --Dallas Cowboys Cheerleaders Inc v Pussycat Cinema Ltd -unlawful dilution by tarnishment --infringement --confusion. Abstract: Trade marks registration --questions of morality --swear or rude words --public standards at time of application --offence to sections of public not relevant --mark refused only in exceptional cases --religious , family or social values undermined --refusal to register mark does not prohibit use --must distinguish from aims of organisation --more objectionable in different countries --freedom of speech Abstract: Data mining --text mining --strategic business decisions --analysis and visualisation (A/V) --host based systems --patent searching --analysis --(A/V) software --keywords and algorithm --STN® AnaVist™ --user interfaces --comparison and linkage of documents Abstract: Copyright --copying from historical work --central theme of work --facts and ideas expressed at general level --cannot claim monopoly of historical facts --effort in presenting facts is able to be protected --Baigent v The Random House Group Ltd Abstract: Amendments to Japan's trade mark and design laws --retail services registrations -collective trade marks --broader infringement definition-exportation --strengthening criminal penalties for trade mark offences --term of design right --extension of protection of design -related designs --secret designs --exceptions to lack of novelty of design --effective dates. Abstract: Infringement of Patents --actions in several jurisdictions --European Patent Office -time to hear appeals --cost of proceedings --request for stays in other jurisdictions --presumption in favour of stay unless causing injustice --difference in cost not sufficient for stay --Baxter v Beyer Subject: Patent infringement--case law--United Kingdom Subject: Legal jurisdiction--case law--United Kingdom Abstract: Special Effects v L'Oreal --background to the case --infringement proceedings --the appeal --cause of action estoppel --issue estoppel --abuse of process --International Trademark Association. Abstract: Rise in licensing deals --cross-licensing agreements --strategic alliances --negotiating process closely guarded secret --holistic approach --hi-tech electronics sector --patent pooling -defending market share --patent trolls --change of mindset. Abstract: Brand management --assignability of contracts without consent --only possible when it can make no difference to whom the obligations are owed --contractual rights involving personal skills are non-assignable --novation of agreements --Pacific Brands Sport and Abstract: Intellectual property litigation --Federal Court --jurisdiction on patents, trade marks, copyright, design --Supreme Court --appeals --Federal Magistrates Court --deceptive conduct -trade mark registration --procedural steps in IP litigation --pharmaceutical springboarding Abstract: Trade marks --10th anniversary in Australia --vote for favourite trade marks --famous trade marks Subject: Famous trade marks--Australia

Is US Patent Policy Strong Enough to Withstand the Winds of Change: A Study of the Need to Change United States Patent Policy, 2015

The purpose of this case study was to learn how US patent policy requirements differ for the Software and Pharmaceutical Industries, specifically if United States Patent Policy adequately protects intellectual property rights [1] for two divergent industries while still encouraging research and development (R & D) investment sufficient to increase profits and innovation. Data for this study consisted of 38 witness testimonies delivered to US Congress between the years 2005 and 2010 by experts representing the two industries of interest: pharmaceutical and software. Key findings from the data analysis of these 38 testimonies revealed both within industry differences and between industry differences in patent law protection. Within industry differences showed variance based on size of the company and the degree to which they relied on their own R & D. Between industry differences reflected divergent ‘products’ with Pharmaceutical Industries needing long-term protection to recover R & D expenditures that include expenses for human trials research to proceed from patent application to market. Software industry, on the other hand, uses follow-on innovation of others to continue technological advancement by constantly improving upon existing software. The data show that these two industries use patent policy protection in different ways for different reasons. This information will enable Policymakers to develop another form of product protection in lieu of the current patent law to better meet the needs of these two industries rather than try to modify the existing law.

University of Southern California Center for Law & Social Science (CLASS) Research Paper Series, 2018

Judicial decisions, agency actions and legislative enactments have promoted a creeping reversion toward the weak patent regime that prevailed for several decades preceding the establishment of the Court of Appeals for the Federal Circuit. The pending Supreme Court case, Oil States Energy Services v. Greene’s Energy Group, provides an opportunity to reflect upon the choice between a “property rights�? vision of the patent system in which resource allocation is principally directed by market signals and an administrative vision of the patent system in which resource allocation is perpetually subject to adjustment by courts and regulators. A growing body of empirical research raises doubts concerning the social costs that have been attributed to a robustly enforced patent system and, by implication, poses a challenge to policy actions that have targeted property-like attributes of that system.