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Not So Obvious
The first edition of this book was written by Jeffrey Schox for his course "Patent Law and Strategy for Innovators and Entrepreneurs" at Stanford University. After an introduction to intellectual property, it explores the patent system, the requirements for a patent, infringement, and inventorship and ownership issues. The second edition included the America Invents Act ("AIA"), which transformed the U.S. patent system from a "first-to-invent" system to a "first-inventor-to-file" system. The third edition added a glossary and general edits. The fourth edition includes five additional cases: KSR (Supreme Court 2007), Stanford v. Roche (Supreme Court 2011), Prometheus (Supreme Court 2012), Nautilus (Supreme Court 2014), and Limelight (Fed. Cir. 2015).
A Patent System for the 21st Century
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.
Patents in the Knowledge-Based Economy
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
WIPO Guide to Using Patent Information
This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.
A Study on the Patent Law Standard of Non-obviousness
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.
The Genie in the Machine
The Genie in the Machine examines how computers are being used to automate the process of inventing, and explains the steps that high-tech companies, patent lawyers, inventors, and consumers should take to thrive in the upcoming Artificial Invention Age.
Terrell on the Law of Patents
This text provides guidance on all aspects of UK patent law and litigation practice.
Innovation and Its Discontents
The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens...
Fundamental Issues of Artificial Intelligence
This volume offers a look at the fundamental issues of present and future AI, especially from cognitive science, computer science, neuroscience and philosophy. This work examines the conditions for artificial intelligence, how these relate to the conditions for intelligence in humans and other natural agents, as well as ethical and societal problems that artificial intelligence raises or will raise. The key issues this volume investigates include the relation of AI and cognitive science, ethics of AI and robotics, brain emulation and simulation, hybrid systems and cyborgs, intelligence and intelligence testing, interactive systems, multi-agent systems, and super intelligence. Based on the 2nd conference on “Theory and Philosophy of Artificial Intelligence” held in Oxford, the volume includes prominent researchers within the field from around the world.
The Inventiveness Requirement in Patent Law
Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept, and in current debates the question is often raised whether the requirement is capable of functioning as an adequate ‘gate-keeper’. By providing a broad and historical perspective on the inventiveness concept in patent law, this groundbreaking work lays a very thorough conceptual basis for further and more in-depth discussions on current standards of inventiveness. In a method guided by geography and chronology, the author weaves developments in numerous countries – focusing primarily on the United States, the United Kingdom, Germany, and the Nether...
