scholarly journals Do Patents Have Gender?

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
New Technologies ◽  
Patent Law ◽  
Patent System ◽  
Situated Knowledge ◽  
Analytical Tools ◽  
Scientific Standards ◽  
Previous Scholarship

Patent law offers a set of exclusive rights to innovators, awarding such rights for inventions that meet certain statutory criteria. The statutory requirements for invention incorporate purportedly objective criteria against which new technologies are measured for patent eligibility. For example, inventions are assessed from the perspective of the fictional “person having ordinary skill in the art” (PHOSITA) for compliance with the statutory requirements of obviousness, enablement, and written description.Feminist scholarship has previously questioned representations of objectivity, as purportedly neutral criteria may be oriented toward a rational, masculine default that is in fact anything but neutral. Previous scholarship has disclosed such bias in fields including both the legal and scientific standards that intersect in the patent statute. These analytical tools may yield similar insights when applied to patents. In particular, feminist insights regarding situated knowledge may prove to be helpful in understanding the inherent assumptions of the patent system, as well as the effects of such assumptions.

Digitalized Invention, Decentralized Patent System

2021 ◽  
pp. 120-144
Author(s):  
Feroz Ali
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Digital Photography ◽  
Patent Law ◽  
Patent System ◽  
Patent Office ◽  
Working Models ◽  
System P ◽  
History Of

Throughout the history of patent law, the manner of representation of invention influenced the process of the patent office in prosecuting them. This chapter traces how changes in the representation of the invention—from material to textual to digital—transformed patent prosecution. Early inventions were represented by working models, the materialized invention that needed little or no examination by the patent office, as they were the inventions themselves. Substantive examination became necessary when the representation of the invention shifted from material to textual, the point in history where the invention became textualized and represented by the patent specification, the written document that encompassed the invention. The textualized invention, apart from effecting critical changes in patent prosecution, centralized the operations of the patent office. With the adoption of new technologies like blockchain and artificial intelligence (AI), the manner of representation of invention will undergo yet another change resulting in the further evolution of patent prosecution. Like digital photography which changed the representation of images by radically changing the backend process, the digitalized invention will change the backend process of the patent office, ie, patent prosecution. The most significant systemic consequence of the digitalization of the invention will be the decentralization of patent system.

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

scholarly journals INDONESIAN PATENT SYSTEM: AN OVERVIEW

2018 ◽  
Vol 2 (2) ◽  
pp. 26-30
Author(s):  
Prabodh M. ◽  
Chaitanya Prasad K. ◽  
Ashish S. ◽  
Suthakaran R. ◽  
Abhijit K.
Keyword(s):  
Intellectual Property ◽  
Patent Law ◽  
Intellectual Property Protection ◽  
Patent System ◽  
Grace Period

Intellectual property protection is a one type of protection to the innovator from their creative efforts. On November 1, 1991, the Indonesian Parliament passed Law No. 6/1989 on Patents. The new law came into effect on August 1, 1991. The patenting system in Indonesia is discussed using some recent statistics and their fees, patent exclusivity, litigation, grace period. As of 1989, there have been over 13,000 applications for temporary patent registration, 96% of which were of foreign origins. None of the applications were denied, were ever granted because no patent Law existed. In this paper discussed brief introduction about Indonesia patent system.

scholarly journals Medicine Between Ethics and Scientific Progress: How Much Ethics Needs Medicine, how much ethics can it afford? Some Considerations from Patent Law Perspectives

2015 ◽  
Vol 8 (1) ◽  
pp. 47-76
Author(s):  
Joseph Straus
Keyword(s):  
New Technologies ◽  
Embryonic Stem ◽  
Scientific Progress ◽  
Modern Medicine ◽  
Patent Law ◽  
The European Union ◽  
Ethical Concerns ◽  
Legal Situation ◽  
Risky Investment

The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.

12 The Intellectual Property–Competition Interface

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Competition Law ◽  
Process Innovation ◽  
Patent Law ◽  
Patent System ◽  
Competition Rules ◽  
The Subject ◽  
The One ◽  
Competition Interface

This chapter focuses on the interface between intellectual property and competition laws. The interface is the most complex between competition law on the one hand and patent law on the other hand. Developing countries only engage in what can be called laggard innovation, which includes acquisition of tacit knowledge, imitation, and process innovation. This may call for a reconsideration of the appropriate approach to the patent–competition interface in developing countries because laggard innovations, with the exception of process innovation, are not the subject of protection of the patent system. If laggard innovations are not the subject matter of protection of the patent system, the patent-competition rules should have little relevance for the quest for innovations in developing countries. In fact, one can argue that the patent system is an impediment to one of the main sources of laggard innovation, imitation, and that the patent-competition rules should be adjusted in a way to facilitate it if one were serious about adopting a pro-growth approach to competition law enforcement in developing countries. This implies that for developing countries that do not produce patentable innovations, there is no need to balance between patent and competition policies. There is in fact no conflict between these two policy objectives. Intellectual property rights and Market-sharing and customer allocation Enforcement and procedure

Big Data and Big Data Analytics

2021 ◽  
pp. 1-19
Author(s):  
Sam Goundar ◽  
Akashdeep Bhardwaj ◽  
Shavindar Singh ◽  
Mandeep Singh ◽  
Gururaj H. L.
Keyword(s):  
Big Data ◽  
Data Analytics ◽  
Business Processes ◽  
New Technologies ◽  
Big Data Analytics ◽  
Small Island ◽  
Island State ◽  
Diverse Data ◽  
Analytical Tools ◽  
Small Island State

Big data is emerging, and the latest developments in technology have spawned enormous amounts of data. The traditional databases lack the capabilities to handle this diverse data and thus has led to the employment of new technologies, methods, and tools. This research discusses big data, the available big data analytical tools, the need to use big data analytics with its benefits and challenges. Through a research drawing on survey questionnaires, observation of the business processes, interviews and secondary research methods, the organizations, and companies in a small island state are identified to survey which of them use analytical tools to handle big data and the benefits it proposes to these businesses. Organizations and companies that do not use these tools were also surveyed and reasons were outlined as to why these organizations hesitate to utilize such tools.

scholarly journals Mighty Mites

2005 ◽  
Vol 127 (09) ◽  
pp. 34-37
Author(s):  
Don W. Dareing ◽  
Thomas Thundat
Keyword(s):  
Health Care ◽  
Industrial Revolution ◽  
New Technologies ◽  
New Technology ◽  
Production Costs ◽  
New Materials ◽  
Performance Predictions ◽  
The 19Th Century ◽  
Analytical Tools ◽  
Reliability And Availability

This article reviews that the future belongs to machines built at molecular scales—if the tools to engineer them. Just as the steam engine sparked the industrial revolution of the 19th century, nanotechnology will likely ignite a new industrial revolution during the 21st century. Nanotechnology has the potential to impact all industries; the health care and computer industries are already capitalizing on it. New materials are being created that will affect everything from aerospace and energy to recreation and entertainment. Science is uncovering new technology almost daily, which will have a great impact on many aspects of society. These technologies are at various stages of development, but in the end, each spin-off product must withstand the test in the marketplace. The evaluation of each product will still be based on the same set of metrics as other products: performance, cost, risk or reliability, and availability. To satisfy these metrics, engineers will need analytical tools to make performance predictions, establish production costs and lifecycle economics, quantify the risk associated with new technologies, and satisfy a dynamic market.

PARLIAMENTARY REWARDS AND THE EVOLUTION OF THE PATENT SYSTEM

2015 ◽  
Vol 74 (3) ◽  
pp. 423-449 ◽  
Author(s):  
Robert Burrell ◽  
Catherine Kelly
Keyword(s):  
Reward System ◽  
Patent Law ◽  
The State ◽  
Patent System ◽  
Public Disclosure ◽  
Minimum Requirement ◽  
The Core ◽  
The Impact ◽  
Special Provision

AbstractThis article examines the impact on the patent system of rewards for innovation across the eighteenth and early nineteenth centuries. During this period, Parliament would regularly grant rewards to inventors, with many of these rewards being set out in legislation. This legislation provided Parliament with the opportunity to promote a model of state support for inventors: a model that made public disclosure of the invention a precondition for assistance. This had important implications for patent law, in particular, in helping to develop the role of the patent specification and the doctrine of sufficiency of disclosure. In this way, the reward system helped establish the framework under which the state would provide support for inventors. Simultaneously, however, the reward system created a space in which inventors would have to do more than meet the minimum requirement of public disclosure. Rewards allowed the state to distinguish between different classes of inventor and to make special provision for particularly worthy individuals. In this way, the reward system recognised the contribution of the “heroic inventor”, whilst leaving the core of the patent system undisturbed.

Analyzing the Broadening Scope of Patentability in the Advancing Field of Biotechnology

2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Jessica Downing
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Growth And Development ◽  
Patent Protection ◽  
Embryonic Stem ◽  
Biotechnology Industry ◽  
Patent Law ◽  
Patent System ◽  
Legislative History ◽  
Public Debates

The current U.S. patent system is considered to provide the broadest patent protection of all patent systems in existence, especially with respect to the biotechnology industry. Advances in science and technology have been key contributors to the growth and development of legislation controlling patent law. With these advancements have come vivid public debates on the morality of research with embryonic stem cells and the fusion of human and animal DNA to find cures for disease. Despite the rapid developments, the legislation controlling such research has been slow to progress. This paper will explore the legislative history surrounding biotechnology patents, focusing on the specific need for strong, adequate protection to promote the survival of the biotechnology industry.

scholarly journals Enabling Science Fiction

2021 ◽  
pp. 399
Author(s):  
Camilla Hrdy ◽  
Daniel Brean
Keyword(s):  
Science Fiction ◽  
Real World ◽  
Science And Technology ◽  
Human Mind ◽  
Time Travel ◽  
Patent Law ◽  
Patent System ◽  
Literary Genre ◽  
Minimum Standard ◽  
Perpetual Motion

Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system. This Article argues that, in fact, the literary genre of science fiction has its own unique—albeit far laxer—enablement requirement. Since the genre’s origins, fans have demanded that the inventions depicted in science fiction meet a minimum standard of scientific plausibility. Otherwise, the material is denigrated as lazy hand-waving or, worse, “mere fantasy.” Taking this insight further, the Article argues that, just as patents positively affect the progress of science and technology by teaching others how to make and use real inventions, so too can science fiction, by stimulating scientists’ imagination about what sorts of technologies might one day be possible. Thus, like patents, science fiction can have real world impacts for the development of science and technology. Indeed, the Article reveals that this trajectory—from science fiction to science reality—can be seen in the patent record itself, with several famous patents tracing their origins to works of science fiction.

Sign in / Sign up

Export Citation Format

Share Document