Showing 41 - 50 of 46,282
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
This paper critically reviews the impact of the international instrument, The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS agreement), as it pertains to the law of patentable subject-matter. Considered a potential harmonizing instrument, the impact of the TRIPS agreement...
Persistent link: https://www.econbiz.de/10014155101
An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a …
Persistent link: https://www.econbiz.de/10014156769
Since the Federal Circuit’s 2007 In re Bilski decision and the Supreme Court’s 2008 Bilski v. Kappos decision, patent … law’s subject-matter eligibility standard under 35 U.S.C. § 101 has been uncertain. This paper posits patent law's patent …. Somewhat analogous to copyright law, it also presents a Downward Patent-Eligibility Hand Abstractions Test from an alleged …
Persistent link: https://www.econbiz.de/10014156915
There are three cross-retaliation cases in WTO which gave the right to the complainant state to suspend the protection of intellectual property rights of the respondent state, namely EC-Bananas, US-Gambling, and US-Upland Cotton. Until now no complainant state has ever executing her rights to...
Persistent link: https://www.econbiz.de/10014160308
intellectual property coalitions that fought these battles have splintered with copyright and patent holders pursuing initiatives … cohesiveness of their coalition. Patent interests groups, which are splintered, have struggled to obtain comparatively modest … patent law reforms. However, with the failed push to implement ACTA and the success of the patent sector in getting the AIA …
Persistent link: https://www.econbiz.de/10014161916
Patent thickets may inefficient retard cumulative innovation. This paper explores two alternative mechanisms that may … be used to weed out patent thickets. Both mechanisms are intended to reduce the number of patents in our society. The … more innovative mechanism is quantity based regulation through the establishment of a system of Tradable Patent Rights. The …
Persistent link: https://www.econbiz.de/10014048289
We analyze optimal patent design when innovators can rely on secrecy to protect their innovations. Secrecy provides a … the optimal policy is to induce the first innovator to patent. Furthermore, we derive the optimal scope of the rights … conferred to late innovators. We show that if the patent life can be suitably set, broad patent protection is optimal: late …
Persistent link: https://www.econbiz.de/10014133377
With the growing importance of intellectual property in the global economy, “patent infringement” has become a dirty … because the American patent system adopts a blunderbuss approach to granting and protecting inventions. We have a one …‐size‐fits‐all solution regulated by an administrative agency, the U.S. Patent and Trademark Office, incapable (perhaps intentionally) of …
Persistent link: https://www.econbiz.de/10014122172
Patent trolls (or sharks) are small patent holding individuals or firms who trap R&D intense manufacturers in patent … academic standpoint. In this paper we show why patent sharks can operate profitably, why they are of growing concern, how … indemnification rules with strategic rationales of small patent-holding firms within a game-theoretical model. Our central finding is …
Persistent link: https://www.econbiz.de/10014059531