scholarly journals Feminism and Dualism in Intellectual Property

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Technological Development ◽  
The United States ◽  
Patent Law ◽  
United States Patent ◽  
Property System ◽  
Human Effort ◽  
The Mind ◽  
States Patent

Intellectual property law constitutes one of the primary policy tools by which society influences the development and design of new technologies. However, the underlying philosophical basis for this system of rewards has gone largely unexamined. For example, implicit in the intellectual property system is a strong element of mind/body dualism that informs the incentives for technological development. In copyright, the work created and owned by an author is idealized as an intangible form, which may be embodied or fixed in a tangible medium of expression. The parallel patent law doctrine of inventorship shows an even more striking pattern of dualism. In the United States patent priority is decided primarily on the basis of conception of the invention in the mind of the inventor; the actual building or reduction to practice of the invention is held largely irrelevant.Similarly, both patent and copyright doctrine entail a strong element of nature/culture dualism. In patent law, this manifests as the product of nature doctrine, holding that only the products of human effort are patentable, and not discoveries drawn from nature. In copyright, facts and other natural occurrences are excluded from copyright as being unoriginal, that is, not originating from the creativity of an author. Both systems assume that facts or properties embedded in the fabric of reality can be separated from the human activity that observes and defines such facts and properties.

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.

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.

The United States Patent Law System

1931 ◽  
Vol 45 (1) ◽  
pp. 224
Author(s):  
J. Lewis Stackpole ◽  
Richard Spencer
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
United States Patent ◽  
Law System ◽  
States Patent

scholarly journals The Growing Complexity of the United States Patent System

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
United States ◽  
Random Sample ◽  
New Technologies ◽  
The United States ◽  
Patent System ◽  
United States Patent ◽  
Data Set ◽  
Prior Art ◽  
System P ◽  
States Patent

In this Article, we compare a data set of 1000 U.S. patents issued between1996 and 1998 to a similarly random sample of 1000 patents issued twentyyears earlier, between 1976 and 1978. By studying the differences betweenthe groups, we can get a clear picture of how the patent system has changedover time. The results are dramatic. By almost any measure - subjectmatter, time spent in prosecution, number of prior art references cited,number of claims, number of continuation applications filed, number ofinventors - the patents issued in the late 1990s are more complex thanthose issued in the 1970s. While some of these effects are attributable tothe patenting of new technologies like biotechnology and software, unknownin the early 1970s, the increase in complexity is robust even across areasof technology. Further, the patent system in the 1990s is moreheterogeneous than it was in the 1970s. There are far greater differencesby area of technology and by nationality in how patents are beingprosecuted in the 1990s than there were in the 1970s. We explore a numberof possible explanations for these results, and discuss the policyimplications of the lack of uniformity that now characterizes our patentsystem.

scholarly journals Security Interests in Patents and Patent Applications?

2006 ◽  
Vol 6 ◽  
Author(s):  
Pauline Stevens
Keyword(s):  
Intellectual Property ◽  
The United States ◽  
United States Patent ◽  
Federal Law ◽  
Question Mark ◽  
State Laws ◽  
Personal Property ◽  
Property Owners ◽  
Secured Transactions ◽  
States Patent

There is a question mark in the title of this article because more questions than answers have been encountered in researching the topic. The relative certainty with which owners of furniture, equipment, accounts and most other personal property can obtain credit by granting a security in their property rapidly dissipates when the property in question is intellectual property. Owners of patents and other intellectual property find barriers to obtaining secured credit that are not faced by other property owners because there is a historical gap between the federal law protecting rights of intellectual property owners and state laws addressing secured transactions. The increasing importance of intellectual property to the economy of the United States (patent filings having increased by seventy percent since 19962 raises the visibility of this gap and urges consideration of changes in law. This would permit owners of intellectual property access to the same financing opportunities that are available to owners of other personal property. There seems to be no public policy that justifies the current situation.

scholarly journals PROSPECÇÃO TECNOLÓGICA: POTENCIALIDADES DE DIAGNÓSTICO PARA DOENÇAS DE CHAGAS.

2016 ◽  
Author(s):  
Ayres Fran da Silva e Silva ◽  
Geraldo Eduardo da Luz Júnior
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Web Of Science ◽  
The United States ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
States Patent

A doença de Chagas é endêmica, principalmente, em países de clima tropical sendo relacionadas à pobreza e ao baixo desenvolvimento, afetando milhões de pessoas no mundo. No Brasil, de 1,8 a 2,4 milhões de indivíduos devam estar na fase crônica da doença, 1/3 deles na forma cardíaca e digestiva. Este trabalho objetiva analisar o grau de desenvolvimento tecnológico através da prospecção tecnológica sobre o diagnóstico da doença de Chagas em busca  de  patentes e artigos.  Para a busca e  análise das patentes utilizaram-se  as bases de dados do Instituto Nacional da Propriedade Industrial (INPI),  “European  Patent  Convention”  (EPO), “The  United  States  Patent  and  Trademark  Office” (USPTO), “Word intellectual property organization” (WIPO) e “Esp@cenet-Latipat” (LATIPAT). Para os artigos científicos a base de dados usada foi a “Web of Science”. As patentes mostraram que os biomarcadores são mais protegidos para diagnosticar a doença de Chagas, as publicações de artigos científicos sobre o tratamento e diagnóstico foram expressivas no Brasil, com destaque para Fundação Oswaldo Cruz. Assim, a prospecção destaca um mapeamento, de artigos na base de periódicos “Web  of  Science” de 2005 a junho de 2015, além patentes que estavam depositadas nos bancos já mencionados acima na data de 10 de junho de 2015, aplicado para o diagnóstico da doença de Chagas. 

scholarly journals Tissue engineering of bone and cartilage: a view through the patent literature

2011 ◽  
Vol 5 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Lloyd Wolfinbarger
Keyword(s):  
United States ◽  
Tissue Engineering ◽  
Scientific Literature ◽  
The United States ◽  
Patent Law ◽  
United States Patent ◽  
Patent Literature ◽  
States Patent ◽  
And Cartilage ◽  
Untapped Resource

Abstract Background: Tissue engineering takes on many approaches. It is mostly followed by those in the field through scientific literature. However, there is a virtually untapped resource in patent literature. Objective: This review focuses on patents through the United States Patent and Trademark Office (USPTO). This source is used only because the author is most familiar with this resource. This article is not intended to be instructional regarding patents, patent law, or how to apply for patents, nor is it intended to be all inclusive of the patent literature. However, the reader might see the value of following the patent literature as a source of ideas, technologies, methodologies, and knowledge with respect to tissue engineering.

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