Patents for Chemicals, Pharmaceuticals, and Biotechnology

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Portfolio Management ◽  
Case Law ◽  
Patent Law ◽  
Full Description ◽  
European Patent ◽  
New Developments ◽  
Sixth Edition ◽  
The Us ◽  
States Patent

Patents for Chemicals, Pharmaceuticals and Biotechnology is the established and highly-acclaimed introduction to patent law and practice, guiding the reader through the legal and procedural complexities of the British, European, Japanese, and United States patent systems. It explains in detail the role of patent practitioners, both in private practice and in-house, in maximising the commercial potential of their company's or client's products. The eagerly awaited new sixth edition of this highly respected text has been fully revised and updated to discuss major new developments in patent law, patent aspects of Free Trade Agreements (FTAs), developments in the area of competition law and patents, and all relevant case law of the US, UK, and the European Patent Office (EPO). This is a comprehensive and invaluable guide to this rapidly developing and increasingly globalised area of law, providing a full description of the techniques and industry know-how that underlie successful patent practice and portfolio management.

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

Patents, Governance and Control: Ethics and the Patentability of Novel Beings and Advanced Biotechnologies in Europe

2021 ◽  
Vol 30 (3) ◽  
pp. 529-542
Author(s):  
Aisling McMahon
Keyword(s):  
Ethical Issues ◽  
Patent Law ◽  
European Patent ◽  
Human Consciousness ◽  
Patent Holder ◽  
Patented Invention ◽  
Patent Grant ◽  
And Control

AbstractThis article focuses primarily on to what extent novel beings, and particularly, beings which display something akin to human consciousness or agency would be (or should be) patentable under current European patent law. Patents grant the patent holder a right to exclude others from using the patented invention for the period of patent grant (usually 20 years). This allows the patent holder to control how that invention can or cannot be used by others downstream, granting patent holders a governance like function over the patented technology for the duration of the patent. Accordingly, the potential for patentability of novel beings gives rise to a myriad of ethical issues including: to what extent is it appropriate for patent holders to retain and exercise patents over “novel beings”; how issues of “agency” displayed by any “novel beings” would fit within the current patent framework, if at all; and to what extent existing exclusions from patentability might exclude patents on “novel beings” or whether changes within patent law may be needed if patents in relation to “novel beings” are deemed ethically problematic. This article focuses on such issues, and in doing so, also sheds light on the role of ethical issues within the patenting of advanced biotechnologies more generally.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.

The politics of margin squeeze in telecommunications: diverging paths of the US and EU

Info ◽  
2015 ◽  
Vol 17 (2) ◽  
pp. 1-15 ◽  
Author(s):  
Fuat Oğuz
Keyword(s):  
Competition Policy ◽  
Design Methodology ◽  
Case Law ◽  
Extensive Literature ◽  
The European Union ◽  
Content Type ◽  
Socialist Calculation Debate ◽  
The Us ◽  
The Usa

Purpose – This paper aims to study the historical origins of margin squeeze cases in the USA and Europe. Design/methodology/approach – The author compares and contrasts major margin squeeze investigations in the USA and the European Union (EU) in terms of the role of efficiency and fairness and shows their roots in the socialist calculation debate of the 1940s. Findings – It was found that the USA and EU diverge in their approaches towards margin squeeze claims. While the USA case law focuses more on efficiency, the European Commission makes decisions based more on fairness and “protection of rivals”. This shows that political and ideological preferences influence legal decision-making. Research limitations/implications – The paper is limited to major cases in telecommunications. It leaves aside cases in other areas. Thus, the author cautions that the generalization of the findings of the paper to all margin squeeze cases, or competition policy in general, may be difficult. Originality/value – While there is extensive literature on margin squeeze cases in the USA and EU, there is little work on the historical and ideological connections. The paper contributes to the literature by drawing attention to political influences over technical decisions.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

Artificial Intelligence Designated as Inventor – An Analysis of the Recent EPO Case Law

2020 ◽  
Vol 69 (9) ◽  
pp. 918-924
Author(s):  
Martin Stierle
Keyword(s):  
Artificial Intelligence ◽  
Subject Matter ◽  
Case Law ◽  
Current Approach ◽  
Patent Law ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Patent Applications ◽  
Artificial Intelligence Systems

Abstract This paper will focus on the issue of designating artificial intelligence systems as inventors in the current framework of European patent law. Most recently, the European Patent Office rejected two patent applications which indicated a machine called DABUS as the inventor of the claimed subject-matter. The paper will analyse the grounds of the decisions in detail, thereby reflecting on the current approach of the European Patent Office to such designations and on the concept of inventorship within the European patent system in general.

scholarly journals HUMAN INVENTORSHIP IN EUROPEAN PATENT LAW

2021 ◽  
pp. 1-28
Author(s):  
Eva Stanková
Keyword(s):  
Artificial Intelligence ◽  
Patent Law ◽  
Necessary Condition ◽  
European Patent ◽  
Inventive Step ◽  
Starting Point

Abstract This article uses the advancements in artificial intelligence as the starting point for consideration of the role of human inventorship in European patent law. It argues that human inventorship is a necessary condition for the existence of an invention and inventive step, with the result that only products of human inventorship merit European patents. It identifies failings of European authorities to reflect this adequately in their approaches to determining patentability. Finally, it recommends recognising human inventorship as an implicit patentability requirement being an aspect of the statutory requirements for an invention and inventive step and extending applicant's disclosure duties correspondingly.

Private Enforcement in the UK

2021 ◽  
pp. 311-336
Author(s):  
Barry J Rodger
Keyword(s):  
Supreme Court ◽  
Competition Law ◽  
Case Law ◽  
Private Enforcement ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
Opt Out ◽  
The Us ◽  
The Uk

In Chapter 12, Barry Rodger retraces his footsteps in relation to his contributions in both earlier collections on the theme of private enforcement in the UK, with a particular slant on the extent to which consumers have benefited, or may benefit, from statutory and case law developments in the area. Accordingly, this chapter assesses how private enforcement of competition law rights has developed in the UK over the last twenty years. Key legislative developments, inter alia the Competition Act 1998, Enterprise Act 2002 and Consumer Rights Act 2015, have transformed the private enforcement architecture, notably with the introduction, and increasingly significant and enhanced role of the specialist tribunal, Competition Appeal Tribunal, and the availability of an opt-out collective redress mechanism. The chapter assesses the key UK statutory and case law developments, in comparison with the US private antitrust enforcement model, to reflect on the disappointing extent to which effective redress for consumers has been provided to date, despite those legal and institutional developments, although the recent Supreme Court ruling in Merricks should be pivotal in this context.

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