Biotechnology and Software Patent Law

Biotechnology and Software Patent Law
Author: Arezzo, E. Ghidini, G.
Publisher: Edward Elgar Publishing
Total Pages: 361
Release: 2011
Genre: Law
ISBN: 0857938037

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'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.

A Patent System for the 21st Century

A Patent System for the 21st Century
Author: National Research Council
Publisher: National Academies Press
Total Pages: 186
Release: 2004-10-01
Genre: Science
ISBN: 0309089107

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The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

The Patentability of Software

The Patentability of Software
Author: Anton Hughes
Publisher: Routledge
Total Pages: 230
Release: 2019-02-18
Genre: Law
ISBN: 1315283190

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This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics’, and therefore software’s, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.

A Study on the Patent Law Standard of Non-obviousness

A Study on the Patent Law Standard of Non-obviousness
Author:
Publisher:
Total Pages: 88
Release: 1996
Genre:
ISBN:

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Three basic requirements apply according to law and jurisprudence on claims in a patent application before they can be said to be directed to new subject matter. In addition to novelty and utility, the applied-for invention must also involve inventive ingenuity in order to be patentable; it must not have been an obvious thing or process that could have been developed by a merely competent but non-inventive person. This report reviews the standard of non-obviousness, as applied by the Canadian patent office and the Canadian courts, and determines whether the standard is applied equally to different fields of technology and equally within a field of technology as the field develops. The findings of the review are compared with the standards and practice from other jurisdictions, primarily the United States and Europe. Application of the standard in emerging fields, especially biotechnology and computer-related technology, receives special mention.

Genetic Patent Law and Strategy

Genetic Patent Law and Strategy
Author: Kalyan C. Kankanala
Publisher: Manupatra
Total Pages: 232
Release: 2007
Genre: Biotechnology
ISBN: 8189542265

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The ambiguity and uncertainty inherent in the field ofgenetic science poses challenges in the application oftraditional patent principles to genetic inventions. Thisbook unravels the complex doctrines of Patent Law.

A Study on the Patent Law Standard of Non-obviousness

A Study on the Patent Law Standard of Non-obviousness
Author: Judy A. Eratt
Publisher:
Total Pages: 0
Release: 1996
Genre: Patent laws and legislation
ISBN:

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Three basic requirements apply according to law and jurisprudence on claims in a patent application before they can be said to be directed to new subject matter. In addition to novelty and utility, the applied-for invention must also involve inventive ingenuity in order to be patentable; it must not have been an obvious thing or process that could have been developed by a merely competent but non-inventive person. This report reviews the standard of non-obviousness, as applied by the Canadian patent office and the Canadian courts, and determines whether the standard is applied equally to different fields of technology and equally within a field of technology as the field develops. The findings of the review are compared with the standards and practice from other jurisdictions, primarily the United States and Europe. Application of the standard in emerging fields, especially biotechnology and computer-related technology, receives special mention.