Matthew Fisher

Fundamentals of Patent Law

Interpretation and Scope of Protection

• Gebundenes Buch

Produktbeschreibung

This 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. Shortlisted for the 2008 Young Authors Inner Temple Book Prize

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Produktdetails

• Verlag: Bloomsbury Academic
• Seitenzahl: 448
• Erscheinungstermin: 13. September 2007
• Englisch
• Abmessung: 240mm x 161mm x 28mm
• Gewicht: 851g
• ISBN-13: 9781841136929
• ISBN-10: 1841136921
• Artikelnr.: 24975478

Autorenporträt

Matthew Fisher

Inhaltsangabe

Introduction PART I-HISTORICAL AND ECONOMIC FACTORS 1 The British Tradition
BASIC CLAIM THEORY THE TRADITIONAL BRITISH APPROACH THE PITH AND MARROW 2
History of the Patent System-The Canvas Prepared INTRODUCTION 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 JOHNS
CONCLUSION 3 Patents within the Market Economy (Part I)-Classical Economics
and Philosophy PREFACE 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 Protection SOME 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 FACTORS 6
America-Promoting the Useful Arts PREFACE INTRODUCTION EARLY HISTORY GRAVER
TANK THE 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 FESTO CONCLUSION 7
Germany-A Tradition of Expansive Interpretation PREFACE ARTICLE 69 AND THE
PROTOCOL: A BRIEF HISTORY GERMANY: THE HISTORICAL PERSPECTIVE THE
THREE-PART DOCTRINE THE FOURTH PERIOD FORMSTEIN POST-FORMSTEIN
SOLIDIFICATION OF APPROACH EPILADY IMPLICATIONS 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 Protocol PREFACE PATENTS IN TRANSITION THE
CATNIC LEGACY PROBLEMS WITH APPLICATION OF THE TEST POST CATNIC CATNIC
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 KIRIN POST KIRIN-AMGEN: ADRIFT ON A SEA OF UNCERTAINTY
CONCLUSION 11 A Summary THE JOURNEY SO FAR OF FAIRNESS, CERTAINTY AND
HARMONISATION SO WHERE NOW? TO CONCLUDE