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Fundamentals of Patent Law: Interpretation and Scope of Protection

Autor Matt Fisher
en Limba Engleză Hardback – 18 sep 2007
Shortlisted for the 2008 Young Authors Inner Temple Book PrizeThis new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area.The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.
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Specificații

ISBN-13: 9781841136929
ISBN-10: 1841136921
Pagini: 448
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.79 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions.

Notă biografică

Matt Fisher is a Lecturer in Law at the University of Bristol.

Cuprins

IntroductionPART I-HISTORICAL AND ECONOMIC FACTORS1 The British TraditionBASIC CLAIM THEORY THE TRADITIONAL BRITISH APPROACH THE PITH AND MARROW 2 History of the Patent System-The Canvas PreparedINTRODUCTION THE STATUTE OF VENICE EARLY ENGLISH GRANTS A NEW POLICY OF MONOPOLY GRANT NOVELTY AND CONSIDERATION THE PROBLEM OF ODIOUS MONOPOLIES JUDGING MONOPOLY AT COMMON LAW BATTLES OF A KING THE STATUTE OF MONOPOLIES A LEGISLATIVE AFTERMATH ISSUES OF JURISDICTION CONSIDERATION REVISITED-THE BIRTH AND GROWTH OF THE SPECIFICATION THE NOVELTY OF NASMITH A PRACTICE ACCEPTED LIARDET v JOHNSCONCLUSION 3 Patents within the Market Economy (Part I)-Classical Economics and PhilosophyPREFACE INTRODUCTION PATENTS WITHIN THE MARKET ECONOMY PROPERTY AND PATENTS CLASSICAL JUSTIFICATIONS OF PROPERTY IN THE INTANGIBLE- THE PATENT THE NATURAL RIGHT THEORY THE REWARD BY MONOPOLY THEORY THE INCENTIVE TO INVENT THEORY THE EXCHANGE FOR SECRETS THEORY POSTSCRIPT 4 Patents within the Market Economy (Part II)-Does the Philosophy fit the Facts?INTRODUCTION WHY PATENT? DRAFTING A PATENT: DETERMINANTS OF SCOPE THE DRAFTING OF THE SPECIFICATION LITERAL OR LIBERAL INTERPRETATION? CONCLUSION 5 Patents within the Market Economy (Part III)-Post-Classical Economic Thought & Theories of ProtectionSOME BASICS OF ECONOMIC ANALYSIS PATENTS AS MONOPOLIES-WHAT'S IN A WORD? THE ECONOMIC ARGUMENT FOR THE PATENT SYSTEM POST-CLASSICAL MODELS AND JUSTIFICATIONS THE PATENT-INDUCED INNOVATION THEORY A BRIEF ASIDE-THE PROBLEM OF CUMULATIVE RESEARCH THE PROSPECT THEORY THE RACE-TO-INVENT THEORY THE RENT DISSIPATION THEORY RECENT ALTERNATIVES CLOSING COMMENTS PART II-COMPARATIVE FACTORS6 America-Promoting the Useful ArtsPREFACE INTRODUCTION EARLY HISTORY GRAVER TANKTHE COURT OF APPEALS FOR THE FEDERAL CIRCUIT NARROWING THE DOCTRINE OF EQUIVALENTS WARNER-JENKINSON: THE SUPREME COURT REVISITS EQUIVALENTS MANI-FESTO FOR THE FUTURE? POSTSCRIPT: THE CAFC REVISITS FESTOCONCLUSION 7 Germany-A Tradition of Expansive InterpretationPREFACE ARTICLE 69 AND THE PROTOCOL: A BRIEF HISTORY GERMANY: THE HISTORICAL PERSPECTIVE THE THREE-PART DOCTRINE THE FOURTH PERIOD FORMSTEINPOST-FORMSTEIN SOLIDIFICATION OF APPROACH EPILADYIMPLICATIONS AND RECENT PRACTICE CONCLUSION 8 Japan-'And we shall have Patents'PREFACE BRIEF HISTORY THE 1885 ORDINANCE POST-CONVENTION-INCREMENTAL DEVELOPMENT CULTURAL FORMATTING-INSTITUTIONAL COLLECTIVISM? CONTINUED PRESSURE FOR REFORM POLICY REFORMS THE BALL SPLINE DECISION CONCLUSION 9 From Pith to Purpose-British Claim Interpretation under the ProtocolPREFACE PATENTS IN TRANSITION THE CATNIC LEGACY PROBLEMS WITH APPLICATION OF THE TEST POST CATNICCATNIC BEGETS IMPROVER IMPROVER AT FULL TRIAL: REFORMULATION OF THE TEST IMPROVER ACCEPTED REBELLION INSTIGATED . . . REBELLION QUASHED IMPROVER BEGETS THE PROTOCOL QUESTIONS SYSTEMIC CHANGE KIRIN-AMGEN TO THE COURT OF APPEAL CONCLUSION 10 Kirin-Amgen and Beyond-Cast Adrift on a Sea of Uncertainty?INTRODUCTION IN THE INTERIM A PROTOCOL REMASTERED KIRIN-AMGEN IN THE LORDS COMMENT ON KIRINPOST KIRIN-AMGEN: ADRIFT ON A SEA OF UNCERTAINTY CONCLUSION 11 A SummaryTHE JOURNEY SO FAR OF FAIRNESS, CERTAINTY AND HARMONISATION SO WHERE NOW? TO CONCLUDE

Recenzii

.a very thorough introduction to the history of the patent system.this book has a place in the library of the intellectual property expert.The second part on claim interpretation and determination of scope is the fullest and most detailed analysis of this thorny issue the reviewer has come across for a while.

Descriere

This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions.