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Concerns have been raised that the upsurge of 3D printing technology would disrupt the patent system. The central … us to rethink patent law. The paper splits up this question by looking at two facets in more depth – patentability and …/consumers). The paper concludes that the wide uptake of 3D printing does not fundamentally challenge the premises of patent law. 3D …
Persistent link: https://www.econbiz.de/10012957619
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/10012823088
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
public both directly and in terms of reduced access. During the COVID-19 pandemic, aggressive patent assertion may be a …, and personal protective equipment. For these reasons, pandemic-related patent law is an issue which the European …. This Article focuses on how the U.S. patent system can promote the public interest and global public health in the context …
Persistent link: https://www.econbiz.de/10013293001
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
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
other types of mechanisms in regulatory laws that provide patent-like protection or further strengthen existing patent … drug companies: data exclusivity and patent linkage. As noted in earlier chapters (separately posted on SSRN), not all … competition, a thorough understanding of these requirements (as well as how they intersect with patent protection) is important to …
Persistent link: https://www.econbiz.de/10014177280
creation of lesser estates or restrictive covenants for real property. In sum, early American courts incorporated into patent … concepts of "assignments" and "licenses." Given widespread confusion today concerning patent conveyance doctrines, this chapter … economic parlance), but patent theorists today can draw at least two important lessons from it. First, it reveals how …
Persistent link: https://www.econbiz.de/10014181169
Antonio Araújo) on the PIPa method, or method of pre-patent research, which anticipates the filing of patents, to subvert the …
Persistent link: https://www.econbiz.de/10014206195
patent law where policymakers have expanded protection without concomitantly evaluating the impact of that move on follow … failures are becoming endemic. Dean O'Rourke argues that to ensure that patent law achieves its constitutional goals, it shuld … defense that, while modeled on copyright doctrine, accounts for and protects patent law's particular incentive scheme …
Persistent link: https://www.econbiz.de/10014225016