Patent Failure

Author: James Bessen
Publisher: Princeton University Press
ISBN: 1400828694
Size: 20.12 MB
Format: PDF, Mobi
View: 90

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.

Pharmaceutical Innovation Competition And Patent Law

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 9780857932464
Size: 18.42 MB
Format: PDF, ePub, Mobi
View: 21

Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.

The Law Of Intellectual Property

Author: Craig Allen Nard
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454886655
Size: 13.64 MB
Format: PDF
View: 47

This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies

The Biologist S Imagination

Author: William Hoffman
Publisher: Oxford University Press
ISBN: 9780199361328
Size: 17.96 MB
Format: PDF, ePub
View: 37

Scholars and policymakers alike agree that innovation in the biosciences is key to future growth. The field continues to shift and expand, and it is certainly changing the way people live their lives in a variety of ways. With a large share of federal research dollars devoted to the biosciences, the field is just beginning to live up to its billing as a source of innovation, economic productivity and growth. Vast untapped potential to imagine and innovate exists in the biosciences given new tools now widely available. In The Biologist's Imagination, William Hoffman and Leo Furcht examine the history of innovation in the biosciences, tracing technological innovation from the late eighteenth century to the present and placing special emphasis on how and where technology evolves. Place is often key to innovation, from the early industrial age to the rise of the biotechnology industry in the second half of the twentieth century. The book uses the distinct history of bioinnovation to discuss current trends as they relate to medicine, agriculture, energy, industry, ecosystems, and climate. Fast-moving research fields like genomics, synthetic biology, stem cell research, neuroscience, bioautomation and bioprinting are accelerating these trends. Hoffman and Furcht argue that our system of bioscience innovation is itself in need of innovation. It needs to adapt to the massive changes brought about by converging technologies and the globalization of higher education, workforce skills, and entrepreneurship. The Biologist's Imagination is both a review of past models for bioscience innovation and a forward-looking, original argument for what future models should take into account.

The Eureka Myth

Author: Jessica Silbey
Publisher: Stanford University Press
ISBN: 9780804793537
Size: 17.61 MB
Format: PDF, Kindle
View: 59

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

The Law Of Patents

Author: Craig Allen Nard
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454834328
Size: 12.96 MB
Format: PDF, Mobi
View: 52

A lean yet comprehensive casebook on the law of patents that features helpful introductory text, technologically-accessible cases, detailed comments, comparative and policy perspectives, and statutes Incorporates the America Invents Act, the most sweeping changes to the patent statute since 1952 The move from a first-to-invent priority system to a first-inventor-to-file system Significant changes to 35 U.S.C. section 102 Post-grant review of patent applications Inter-partes review of patents. Important new Supreme Court and Federal Circuit cases, including Myriad Genetics, Prometheus Labs, Global Tech, Akamai, Bowman, Actavis, and Therasense Updated Comments and Comparative and Policy Perspectives New and updated PowerPoint slides and website

Patent Policy

Author: Pia Weiss
Publisher: Routledge
ISBN: 9781136981869
Size: 15.30 MB
Format: PDF, ePub, Docs
View: 74

There exists a vast body of literature on all aspects associated with patents, including innovation, patent policy instruments, licensing, and the tension between patent policy and competition policy. However, most of the works focusing on patent policy are only available as journal articles or as reprints in book collections. This book bridges that gap in presenting a systematic overview of models dedicated to patent policy.