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This essay raises questions about the Patent Harmonization Treaty. addressing the overall direction of harmonization in … underlying goals of patent harmonization with those of the current United States patent system. The article contends that the … harmonization, in contrast, are fundamentally different. To be valid, then, patent harmonization may require a basic shift in the …
Persistent link: https://www.econbiz.de/10014186637
result varies with the technological class of the patent, the presence and age of a technology transfer office within the …
Persistent link: https://www.econbiz.de/10014186697
-implemented inventions, the subject remains very controversial, particularly due to the fact that the European Patent Office has maintained … the law. Within the scope of a socio-economic analysis, it then deals with the question of whether patent law is really …
Persistent link: https://www.econbiz.de/10014186742
determining any right or relief in relation to that property. This paper identifies the situs of patent …
Persistent link: https://www.econbiz.de/10014186884
On August 3, 1992, the United States Patent and Trademark Office published a notice in the Federal Register requesting … patent area. Whatever administrative lawmaking authority exists in the patent area should therefore reside in the …
Persistent link: https://www.econbiz.de/10014186896
Patent settlements in which the patentee pays the alleged infringer to stay out of the market are largely a consequence … producer to challenge a pioneer drug patent with a 180 day period of exclusivity. This period can be extended by a settlement …, provided that the patent lawsuit was not a “sham” and the settlement does not reach beyond the scope of the patent. The …
Persistent link: https://www.econbiz.de/10014187022
not patents affect the direction of research but that scientists’ understanding of patent law; their recent experience …
Persistent link: https://www.econbiz.de/10014187061
In recent years, patent law’s inequitable conduct doctrine has attracted considerable attention from judges …, legislators, patent lawyers, and commentators, culminating most recently in the Federal Circuit’s decision to revise certain … scholars, this Article proposes an instrumental view of the doctrine as, ideally, a tool for inducing patent applicants to …
Persistent link: https://www.econbiz.de/10014187343
In recent years, juries in some patent infringement suits have awarded prevailing patentees "reasonable royalty … various practices relating to the calculation of patent damages. Other voices, not surprisingly, have either defended the … debates are fundamental differences of opinion concerning the risks of so-called "patent holdup" resulting from the discovery …
Persistent link: https://www.econbiz.de/10014187348
The Patent Act of 1952 provides at 35 U.S.C. § 271(b) that "[w]hoever actively induces infringement of a patent shall … abet direct patent infringement shall be liable for indirect infringement. Contrary to the views of most scholars, opinions … aiding and abetting direct patent infringement solely required specific intent merely to further the acts that constituted …
Persistent link: https://www.econbiz.de/10014187519