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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
a plausibly exogenous change to patent duration. Second, the nature of the law change meant that the patent duration … change was heterogeneous across patent classes. Using both patent counts and citation-weighted counts, I am able to take … advantage of the TRIPS-induced law change to empirically estimate the impact of patent duration on innovation. I find evidence …
Persistent link: https://www.econbiz.de/10014046329
Substance of the Patent Law' of April 6, 2012 (see SSRN eLibrary), which comprises inter alia my constructive proposal to take … 'invention' for the 'vital functions' of the Patent Law. The mentioned proposal for use the RWP basis on my circa 25 years … periodic watch of developments of the leading patent systems. In order to explain and understand better RWP itself, legal …
Persistent link: https://www.econbiz.de/10014169368
determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical …, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that … patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship …
Persistent link: https://www.econbiz.de/10014187835
exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a … inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house … mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law …
Persistent link: https://www.econbiz.de/10014188461
future of plant breeding in the light of developments around plant breeder’s rights and patent rights. The following … intellectual property in this? Who are the main patent holders in plant breeding? What are the socio-economic consequences of these … agriculture, which led to the introduction of patent rights in the breeding sector. This system of intellectual property rights …
Persistent link: https://www.econbiz.de/10014188463
and genome related inventions, as the rise of patents may lead to “patent thickets” and royalty stacking, frustrating the … mitigate the alleged hindering effect of patent thickets and facilitate access to ICE and genome related inventions within the … borders of the patent system. Several approaches have been put forward to deal with the quagmire of overlapping patent rights …
Persistent link: https://www.econbiz.de/10014188519
The present paper explores the multi-layered relationship between plant patents, the right to food and competition law. The present contribution takes the view that the growing tendency to appropriate agricultural crops through intellectual property (IP) – thereby making a pivotal shift from...
Persistent link: https://www.econbiz.de/10014188520
fore. The first question is to what extent patent law guarantees public interest, contributes to public interest or, on the … contrary, limits public interest. The second question is to what extent public interest influences patent law. In an attempt to … entertains with patent law, from three different persectives: the notion of public interest sensu sensu stricto, the concept of …
Persistent link: https://www.econbiz.de/10014188521
ignore the fact that the DVD technology is protected with patents. More than 850 patents owned by some 10 patent holders … individual licenses with all those 10 patent holders in order to use these technologies. It goes without saying that doing so … ‘the safe side’, you will have to negotiate individual licenses with all those patent holders in order to bring your rice …
Persistent link: https://www.econbiz.de/10014188531