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The Modern Law of Patents
Written by some of the most eminent IP practitioners, The Modern Law of Patents offers a fresh, and comprehensive exposition of the law relating to patents in the UK and Europe, including before the Unified Patent Court.Updates in the new fourth edition will include:* Supreme Court's decision in Eli Lilly v Actavis [2017] UKSC 48 and the revival of a doctrine of equivalents;* The new threats provisions under the Intellectual Property (Unjustified Threats) Act 2017 and its relationship to malicious prosecution following Willers v Joyce [2016] UKSC 43;* Declarations of obviousness: Fujifilm Kyowa Kirin Biologics v Abbvie Biotechnology Ltd [2017] EWCA Civ* The effect on employee compensation fo...
A Practitioner's Guide to European Patent Law
This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.
Enforcing Intellectual Property Rights
The development of a global 'knowledge economy' has encouraged organizations of all types to focus on the opportunities for, and the threats to, the intellectual property that they hold. The variety of intellectual assets (designs, databases, patents, brands and trade marks), the growth of new technology capable of exploiting and protecting these assets, and the nature of the law mean that intellectual property enforcement is a hugely complex area. Jane Lambert's Enforcing Intellectual Property Rights explains the threats and the remedies (criminal and civil, as well as alternatives to litigation), and provides a readable guide to the processes and the systems available. This is a must-have guide for all managers responsible for acquiring, managing and protecting intellectual assets and for students working in the area.
A Practitioner's Guide to European Patent Law
Introduction -- The skilled person and their common general knowledge -- Scope of protection of patent claims -- Direct infringement -- Indirect infringement -- Defences -- Remedies -- Patentability and industrial application -- Novelty -- Inventive step -- Sufficiency -- Plausibility -- Supplementary protection certificates -- Patent ownership, dealings and employee inventors -- Cross-border actions in Europe -- The impact of Brexit.
Invention Analysis and Claiming
Invention Analysis and Claiming presents a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. A central theme is the importance of using the problem-solution paradigm to identify the "inventive concept" before the claim-drafting begins. The book's teachings are grounded in "old school" principles of patent practice that, before now, have been learned only on the job from supervisors and mentors.
Proceedings Before the European Patent Office
The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. Dealing with all stages of proceedings before the European Patent Office, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them.
Patent Failure
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, wha...
Roughton, Johnson and Cook on Patents
Roughton, Johnson & Cook on Patents (formerly known as the Modern Law of Patents) is an essential resource for patent lawyers and patent attorneys. The title offers a fresh and comprehensive exposition of law and procedure relating to patents in the UK and Europe; and includes key precedents and court forms, covers useful historical information and materials, and also explores recent and future developments in patent law in one handy volume.Now in its fifth edition, the title will be fully revised and updated to take into account all the latest developments since the last edition, and will include coverage of:* the impact of the UK leaving the European Union on patent law and practice (eg on jurisdiction, rules of exhaustion, SPCs, Border Regulation, EU compulsory licences, etc);* key Supreme Court decisions and significant decisions of lower courts;* important decisions of Enlarged Board at the EPO and the Technical Boards of Appeal; and* retained EU case law and the rules of precedent under the European Union (Withdrawal) Act 2018.
Lawyers in Practice
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in t...
