The Role of Theoretical Debate in the Evolution of National and International Patent Protection

2021 ◽  
Author(s):  
Louise J. Duncan
Keyword(s):  
Patent Protection ◽  
International Patent

The effect of intellectual property treaties on international innovation collaboration: a study based on USPTO patents during 1976–2017

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
JianQin Xiang ◽  
Feicheng Ma ◽  
Haiyan Wang
Keyword(s):  
Intellectual Property ◽  
The United States ◽  
Content Type ◽  
Global Innovation ◽  
Collaboration Environment ◽  
International Patent ◽  
Record Data ◽  
Innovation Cooperation ◽  
States Patent

PurposeStudies have indicated that international innovation collaboration has promoted technology transfer and knowledge spillover between countries. The conclusion of various international intellectual property (IP) treaties has played an essential role in optimizing the international innovation and collaboration environment. This study investigates the effect of IP treaties on international innovation collaboration and whether international IP treaties can promote collaboration between a country and other economies in the world.Design/methodology/approachAfter collecting and extracting the patent record data from the United States Patent and Trademark Office (USPTO), a final dataset of 3,213,626 cooperative patents and 465,236 pairs of collaborations between two countries or regions is established. Based on the international patent collaboration data of 192 countries during 1976–2017, the changes in patent collaboration indicators after these countries joined 23 IP treaties are analyzed.FindingsInternational IP treaties have significantly increased the number of patent cooperation countries of a country and its importance in international cooperation networks. The role of IP treaties is more manifested by the increased opportunities for a country's international innovation cooperation than its influence on global innovation; this is of extreme significance for developing countries to introduce advanced technologies.Originality/valueGinarte and Park (1997) have confirmed that IP treaties have helped to raise the level of IP protection. In this study, the increase in the degree centrality of the international innovation network is evidence of IP treaties to promote innovation cooperation. For a developing country, joining an intellectual property treaty may strengthen intellectual property protection and optimize its own international innovation cooperation methods.

14. Key elements of the patent system

2020 ◽  
pp. 230-245
Author(s):  
Ian J. Lloyd
Keyword(s):  
Patent Protection ◽  
World Trade Organisation ◽  
Patent System ◽  
The European Union ◽  
The United Kingdom ◽  
System P ◽  
To Come ◽  
The Uk ◽  
Near Future

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.

Innovative approaches to the facilitation of the development of innovative small businesses in the industry

10.12737/6305 ◽  
2014 ◽  
Vol 4 (3) ◽  
pp. 274-284
Author(s):  
Безрукова ◽  
Tatyana Bezrukova ◽  
Бельский ◽  
Andrey Belskiy
Keyword(s):  
Form Factor ◽  
Labor Productivity ◽  
Small Businesses ◽  
Patent Protection ◽  
Industrial Sector ◽  
Credit Policy ◽  
Low Level ◽  
Russian Economy ◽  
International Patent ◽  
The Cost

One of the problems of the Russian economy is the low level of labor productivity, which re-quires the development of the economy in in-tensive manner. To this end, changes in the tax and credit policy are developed in order to support the venture financing of innovation in the industrial sector. To meet the challenges there are offers: differentiation of the tax bene-fits in the form factor taking into account the cost of R & D, depending on the degree of in-novation and breadth of international patent protection and targeted reduction of the refi-nancing for commercial ones.

scholarly journals International Patent Protection and Trade: Transaction-Level Evidence

2020 ◽  
Author(s):  
Gaétan de Rassenfosse ◽  
Marco Grazzi ◽  
Daniele Moschella ◽  
Gabriele Pellegrino
Keyword(s):  
Patent Protection ◽  
International Patent ◽  
Transaction Level

Patent and innovation during the Industrial Revolution in England

2018 ◽  
Vol 86 (3-4) ◽  
pp. 404-433
Author(s):  
Deming Liu
Keyword(s):  
Patent Protection ◽  
Industrial Revolution

Summary The article explores the role of patent or lack thereof in Josiah Wedgwood’s business. It first discusses the motive behind his opposition of extension of Richard Champion’s patent and then delves into his defence of his own patent in the dispute with the alleged infringer. It aims to show the incongruence of words and deeds of a tradesman with respect to patents; more importantly, it sets out to demonstrate that the claim of patent as an incentivising measure does not bear out as far as Wedgwood is concerned; rather, it is lack of patent protection that facilitates innovation in his pottery business.

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.

Recent Patenting Activity in Electrolytic Aluminium Production Technology

2009 ◽  
Vol 618-619 ◽  
pp. 13-16
Author(s):  
Edwin C. Patterson ◽  
Robert N. Cross
Keyword(s):  
Production Technology ◽  
Patent Protection ◽  
New Technologies ◽  
Trade Secrets ◽  
New Developments ◽  
Research Organizations ◽  
Aluminium Production ◽  
International Patent ◽  
Primary Aluminium ◽  
Patenting Activity

Companies and research organizations in the aluminium industry have a number of different strategies for protecting their new developments. Many research organizations have a patent focused strategy to facilitate commercialization of their new technologies. Conversely, primary aluminium producers tend to use patent protection more selectively, as they are able to use other Intellectual Property protection means such as trade secrets to protect their developments. This paper provides an overview of international patent publications from 1995 to 2008 in the field of electrolytic aluminium production and comments on perceived factors driving IP protection of these developments.

Regulatory Diversity as Key to the “Myth” of Drug Patenting in Sub-Saharan Africa

2010 ◽  
Vol 54 (1) ◽  
pp. 26-50 ◽  
Author(s):  
Poku Adusei
Keyword(s):  
Human Development ◽  
Patent Protection ◽  
Patent System ◽  
Sub Saharan Africa ◽  
Right To Health Care ◽  
Human Needs ◽  
Drug Patent ◽  
International Patent ◽  
Sub Saharan ◽  
International Patent System

AbstractThis article critiques the subject of patent protection of drugs in the light of the threat posed by HIV/AIDS in sub-Saharan Africa. It contends that the basis for sustaining the prevailing international patent system in developing countries is a “myth”: one of deception. This “myth” is validated by highlighting the dysfunctions associated with the prevailing international patent system. The article proposes the adoption of diverse patent systems that would suit the cultural and human development needs of countries in sub-Saharan Africa. Such diversity implies a drug patent model that meets human needs and shows respect for communal interests, a model that permits differences and is amenable to change in the light of socio-economic needs, a model that confronts “unfreedoms” which constrain human development, and a model that ensures respect and protection for the fundamental right to health care.

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