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license can generate more revenue. Patent rights and trade secret rights are somewhat conflicting IP rights. Combined licenses … issued for using both patent rights and trade secret rights can evoke issues under Antitrust Laws. Composite license to use … patent and trade secret rights has economic effects on licensor and licensee both. This paper tries to analyse such effects …
Persistent link: https://www.econbiz.de/10012890566
the strengthening of the double patenting prohibition: preventing extending exclusive rights beyond the original patent … the inventor in two patents and (2) only applying the prohibition when the earlier patent did not satisfy the technical … meaning of “prior art” within §102 of the Patent Act. The rulings weakening the double patenting doctrine have disregarded …
Persistent link: https://www.econbiz.de/10013002400
reached with the party practicing the patent. The PAE phenomenon has prompted suggestions that the antitrust laws be applied …
Persistent link: https://www.econbiz.de/10013025177
. In recent litigation, three issues have risen to the fore, popularized under the labels “patent ambush”, “patent holdup …” and “patent thickets”. There is a risk that the discussion of standardization, in academic and policy circles, becomes …
Persistent link: https://www.econbiz.de/10013031407
This paper analyzes how injunctions relate to patent hold-up problems. To this end, we present a simple model of … licensing negotiations between a patent holder and a downstream firm in the shadow of litigation. More specifically, we consider … the situation in which an injunction is granted as a matter of course if a patent is found valid and infringed upon in …
Persistent link: https://www.econbiz.de/10012294025
critiquing current patent practice implicitly assumes that the patent functions as a form of technical document ….Careful consideration of the artifices by which a new patent is staged reveals parallels to the known staging of technical papers, including …. Patent formation employs its own decidedly non-scientific strategies for settling controversies and reaching closure. In …
Persistent link: https://www.econbiz.de/10014344664
China has a wide-range of patent-specific and other patent-related policies in-place, many of which are at least …
Persistent link: https://www.econbiz.de/10014151389
One of the underlying justifications of the patent system is to encourage dissemination of scientific knowledge and … promote innovation. Yet, the patent system is not a green card to innovation. Indeed, given our progress in science and the … perspective, it might be contended that the patent system is not meeting its said objectives. But the patent system should be seen …
Persistent link: https://www.econbiz.de/10014173731
The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …
Persistent link: https://www.econbiz.de/10014214389
The conflicts between intellectual property rights (IPRs) and industry common standards in telecommunication sector have raised growing concerns in the industry. These highly controversial issues at play include the embrace of proprietary technologies in standards, excessive royalties for the...
Persistent link: https://www.econbiz.de/10014196844