Perspectives on Patentable Subject Matter

ISBN-13: 9781107070912 / Angielski / Twarda / 2014 / 431 str.

Michael B. Abramowicz; F. Scott Kieff; James E. Daily

Opis

Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.

Spis treści

1. 'Clues' for determining whether business and service innovations are unpatentable abstract ideas Pamela Samuelson and Jason Schultz; 2. Still aiming at the wrong target: a case for business-method and software patents from a business perspective Kristen Osenga; 3. Semiotics 101: taking the printed matter doctrine seriously Kevin Emerson Collins; 4. Patent eligibility as a policy lever to regulate the patenting of personalized medicine Christopher M. Holman; 5. The inducement standard of patentability Michael B. Abramowicz and John F. Duffy; 6. Patenting the curve ball: business methods and industry norms Gerard N. Magliocca; 7. Business and financial-method patents, innovation, and policy Bronwyn H. Hall; 8. The litigation of financial innovations Josh Lerner; 9. Patent search and cumulative innovation Michael J. Meurer; 10. The Vonage trilogy: a case study in 'patent bullying' Ted Sichelman; 11. University software ownership and litigation: a first examination Arti K. Rai, John R. Allison and Bhaven N. Sampat; 12. The individual inventor motif in the age of the patent troll Christopher A. Cotropia; 13. Anything under the sun made by humans: patent law doctrines as endogenous institutions for commercializing innovation James E. Daily and F. Scott Kieff.