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Patent Failure

Patent Failure PDF Author: James Bessen
Publisher: Princeton University Press
ISBN: 1400828694
Category : Law
Languages : en
Pages : 346

Book Description
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, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Patent Failure

Patent Failure PDF Author: James Bessen
Publisher: Princeton University Press
ISBN: 1400828694
Category : Law
Languages : en
Pages : 346

Book Description
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, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

A Patent System for the 21st Century

A Patent System for the 21st Century PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309089107
Category : Science
Languages : en
Pages : 186

Book Description
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.

Patent Searching

Patent Searching PDF Author: David Hunt
Publisher: John Wiley & Sons
ISBN: 1118429257
Category : Law
Languages : en
Pages : 141

Book Description
Whether you're a patent examiner, patent attorney, commercial patent searcher, patent liaison, IP librarian, law professor, or competitive intelligence analyst, you'll find Patent Searching: Tools and Techniques to be just the guide you have been waiting for, with a range of approaches to patent searching that will be useful to you regardless of your technical expertise or role in the intellectual property community.

Chemical Patents and Allied Patent Problems

Chemical Patents and Allied Patent Problems PDF Author: Edward Thomas
Publisher:
ISBN:
Category : Chemicals
Languages : en
Pages : 112

Book Description


Antitrust Problems in the Exploitation of Patents

Antitrust Problems in the Exploitation of Patents PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 36

Book Description


Software Rights

Software Rights PDF Author: Gerardo Con Daz
Publisher: Yale University Press
ISBN: 0300228392
Category : Computer software
Languages : en
Pages : 384

Book Description
A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other's place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.

Pharmaceutical and Biotech Patent Law

Pharmaceutical and Biotech Patent Law PDF Author: Arnold & Porter Kaye Scholer Llp
Publisher:
ISBN: 9781402431388
Category : Bioethics
Languages : en
Pages : 1204

Book Description
Pharmaceutical and Biotech Patent Law provides you with the legal, scientific, and technical information you need to help clients obtain, defend, and challenge patents in these important business areas. This practical guide shows you how to craft problem-free patent applications, including how to partner with the government to bring patented inventions quickly to the marketplace - invalidate competitors' patents by proving that they fail to meet key requirements - protect against various forms of patent infringement - and successfully rebut charges of infringement. It includes detailed checklists that help you resolve thorny patent problems in the complex pharmaceutical and biotech fields, and is regularly updated to reflect Federal Circuit rulings and other significant court decisions.

Global Dimensions of Intellectual Property Rights in Science and Technology

Global Dimensions of Intellectual Property Rights in Science and Technology PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309048338
Category : Political Science
Languages : en
Pages : 457

Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Patent Law: Cases, Problems, and Materials (2nd Edition 2022)

Patent Law: Cases, Problems, and Materials (2nd Edition 2022) PDF Author: Jonathan S. Masur
Publisher: Lisa Larrimore Ouellette
ISBN:
Category : Law
Languages : en
Pages : 576

Book Description
Patent Law: Cases, Problems, and Materials (2nd Edition 2022) is a free casebook, co-authored by Professor Jonathan S. Masur (University of Chicago Law School) and Professor Lisa Larrimore Ouellette (Stanford Law School). The casebook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. A digital version of the casebook can be downloaded free online at patentcasebook.org, and a printed copy can be purchased on Amazon at cost.

Patent and Trademark Office Notices

Patent and Trademark Office Notices PDF Author: United States. Patent and Trademark Office
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 816

Book Description