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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Research Handbook on Patent Law and Theory 2nd ed isbn 9781785364112

Patent Law And Theory: A Handbook of Contemporary Research


ISBN13: 9781845424138
New Edition ISBN: 9781785364112
Published: March 2009
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: Out of print



This major new Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan.

Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.

Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.

Subjects:
Intellectual Property Law
Contents:
PART I: FOUNDATIONS
1. On the Economics of Patent Law and PolicyF. Scott Kieff
2. Patents and Policies for Innovations and EntrepreneurshipOve Granstrand
3. History of the Patent SystemJohn N. Adams
4. A Spanner in the Works - Or the Spanner that Works? Patents and the Intellectual Property SystemJeremy Phillips
5. International Treaties and Patent Law Harmonization: Today and BeyondTomoko Miyamoto
PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS: PROCEDURAL AND TRANSLATION ISSUES IN EXAMINATION
6. Examination Procedure at the European Patent Office Peter Watchorn
7. Appeal Procedure before the European Patent OfficeAndrea Veronese
8. Patent Office Oppositions and Patent Invalidation in Court: Complements or Substitutes?Jay P. Kesan
9. Trilateral Cooperation - Mutual Exploitation of Search and Examination Results Among Patent Offices With a View to Establishing a System of Rationalized Work-SharingShinjiro Ono
10. 'Lost in Translation': The Legal Impact of Patent Translation Errors on Claim ScopeDonald S. Chisum and Stacey J. Farmer
PART III: CONDITIONS OF PATENTABILITY: ESSENTIAL REQUIREMENTS
11. Patenting Software-Related Inventions in EuropeStefan Schohe, Christian Appelt and Heinz Goddar
12. Utility and Industrial ApplicabilityChristopher Wadlow
13. The Novelty and Priority Provision under the United States First-To-File Principle: A Comparative Law PerspectiveToshiko Takenaka
14. Back to the Graham Factors: Nonobviousness after KSR v. TeleflexElizabeth A. Richardson
PART IV: PATENT ENFORCEMENT ISSUES: EXTENT OF PATENT PROTECTION AND INFRINGEMENT REMEDIES
15. Extent of Patent Protection in the United States, Germany, the United Kingdom and Japan: Examination through the Concept of 'Person Having Ordinary Skill in the Art of the Invention'Toshiko Takenaka
16. Direct and Indirect Patent InfringementAlison Firth
17. The Scope of Patent Protection for Spare Parts and its Extension through Other Tools of Intellectual PropertyHorst-Peter Gotting and Sven Hetmank
18. The Exhaustion of Patent Owners' Rights in the European CommunityThomas Hays
19. Enabling Research or Unfair Competition? De Jure and De Facto Research Use Exceptions in Major Technology CountriesSean O'Connor
20. Compulsory Licensing Under TRIPS and the Supreme Court of the United States' Decision in eBay v. MercExchangeChristopher A. Cotropia
21. Adequate Compensation for Patent Infringement Damages: A Comparative Study of Damage Measurements in Japan and the United StatesToshiko Takenaka
22. Resolving Patent Disputes in a Global EconomyRochelle C. Dreyfuss
PART V: CORE ISSUES IN THE FUTURE?
23. Contemporary Challenges to the Sui Generis Regime of Pharmaceutical PatentsJohn R. Thomas
24. Current Controversies Concerning Patent Rights and Public Health in a World of International Norms Cynthia M. Ho
25. Biotechnology Patent Pools and Standards SettingJorge A. Goldstein
26. Patenting Industry StandardsVincent F. Chiappetta
Index