The push for the creation of a European Unified Patent Court (UPC) aims to achieve the federalisation of the patent … effect, the UPC will create a new centralised judicial authority for patent litigation and standard-setting. However, there …

Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone … legislative acts and judicial decisions, ensuring a fair balance between the interests of patent right holders and third parties … shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the …

-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method … limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be … classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM …

modern patent law. But economic theory has moved on. Since the 1990s, legal scholars have repeatedly mined the discipline to … propose ad hoc rules for individual industries like biotech and software. So far, however, they have almost always ignored the … literature’s broader lessons for doctrine. This article asks how well today’s patent doctrine follows and occasionally departs …

Fuzzy patent claim boundaries undermine the functioning of the patent system by making it difficult for inventors and … competitors to assess freedom to operate in many technology marketplaces, especially those relating to computer software and …. By placing greater responsibility on patent applicants to delineate the precise boundaries of their claims -- by, for …

model patent system, this study illustrates that it is possible to create a useful legal, policy, and institutional …

Much has been written about patent trolls and the detrimental effects they have on the patent system. Legal and … legislative attempts have been made to curb patent trolls. However, there is considerable confusion over who is actually a patent … to discourage strategic patent non-practice. This work first examines the goals of the patent system and the difficulties …

In patent-infringement litigation, if no established royalty for the patent in suit has emerged from multiple market …

International comparisons of patent systems are essential to harmonization treaties and to analyze economic growth. Yet … economic strength and quality of patent systems by using renewal analysis of matched patents in different countries (same … patent family). Comparing patents on the same inventions filed at the EPO for Germany and in the US, we find that the German …