scholarly journals Discrimination against Foreigners: The Wuerttemberg Patent Law in Administrative Practice

2020 ◽  
Vol 80 (4) ◽  
pp. 1071-1100
Author(s):  
Sibylle Lehmann-Hasemeyer ◽  
Jochen Streb
Keyword(s):  
Nineteenth Century ◽  
Patent Law ◽  
Patent Office ◽  
German State ◽  
Administrative Practice

In the second half of the nineteenth century, the patent office of the German state Wuerttemberg strategically discriminated against foreign inventors by charging comparatively high patent fees. We show that this administrative practice was driven by fiscal and protectionist motives.

Mutagenesis, ‘essentially biological processes’ and patent exceptions

2021 ◽  
Vol 11 (2) ◽  
pp. 219-242
Author(s):  
Muriel Lightbourne
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Biological Processes ◽  
Patent Office ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
Recent Developments ◽  
Living Material ◽  
Council Of State

Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice of the European Union in case C-528/16, the decision issued on 7 February 2020 by the French Council of State and the Opinion of the European Patent Office Enlarged Board of Appeal of 14 May 2020 on Referral G 3/19.

Conflict Displacement and Dual Inclusion in the Construction of Germany

2012 ◽  
Author(s):  
Jonathan Obert ◽  
John F. Padgett
Keyword(s):  
Nineteenth Century ◽  
Political Parties ◽  
Interest Groups ◽  
Organizational Innovation ◽  
German History ◽  
German State ◽  
Political Actors ◽  
Multiple Network

This chapter focuses on the nineteenth-century formation of Germany. Organizational innovation was the assembly by Prussia of geographically disparate German principalities under the new constitutional umbrella of Reichstag, Bundesrat, and chancellery. Organizational catalysis was the emergence of political parties and interest groups—and underneath those, of German nationalism—to manage the constitutional core. The multiple-network invention was dual inclusion: namely, the stapling together of the deeply contradictory principles of democracy and autocracy through “Prussia is in Germany, and Germany is in Prussia.” This deep contradiction built into the heart of the German state generated a sequence of new political actors in German history.

scholarly journals Catching-Up and Falling Behind: Knowledge Spillover from American to German Machine Toolmakers

2011 ◽  
Vol 71 (4) ◽  
pp. 1006-1031 ◽  
Author(s):  
RALF RICHTER ◽  
JOCHEN STREB
Keyword(s):  
Nineteenth Century ◽  
Knowledge Spillover ◽  
Patent Law ◽  
Late Nineteenth Century ◽  
Foreign Patent ◽  
Catching Up ◽  
Patent Rights ◽  
Patent Statistics ◽  
Catch Up ◽  
Late Nineteenth

Today, German machine toolmakers accuse their Chinese competitors of violating patent rights and imitating German technology. A century ago, German machine toolmakers used the same methods to imitate American technology. To understand the dynamics of this catching-up process, we use patent statistics to analyze firms’ activities between 1877 and 1932. We show that German firms deployed imitating strategies in the late nineteenth century and the 1920s to catch-up to their American competitors. The German administration supported this strategy by stipulating a patent law that discriminated against foreign patent holders and by delaying the granting of patents to foreign applicants.

Um estudo comparativo da determinação de requisitos de etapas inventivas no Irã e nos EUA

2020 ◽  
Vol 11 (2) ◽  
pp. 264-275
Author(s):  
Esmaeel Kamali
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Patent Law ◽  
European Countries ◽  
Patent Office ◽  
United States Patent ◽  
Inventive Step ◽  
Science And Technology Parks ◽  
Technology Parks ◽  
States Patent

Assessment of the Inventive Step Requirement is one of the most sensitive and difficult stages in statutory invention registration. Different requirements are taken into consideration in determining if this requirement is satisfied. Such requirements are divided to two categories – primary and secondary− per the Patent Law practiced by United States Patent and Trademark Office. The studies show that the mentioned assessments are easier in US compared to European countries for in those countries the precision and solidarity in practicing the inventive step requirement is more compared to US. In Iran, contrary to the mentioned cases, the assessment is not done in the Patent Office by the experts but rather by the verification the office conducts from the Universities and Science and Technology Parks of the country wherein, due to lack of knowledge about the Patent Law, the assessment is not done precisely; an issue which can accentuate the outlook appertaining to oneness of innovation and inventive step in the process of assessment. The present paper attempts at studying the patent law in Iran and US in order to put forward the criteria which is practices in assessing the ‘inventive step’ in the Iran Intellectual Property Office (Patent Subdivision) and United States Patent and Trademark Office.

Sign in / Sign up

Export Citation Format

Share Document