scholarly journals What to do About Bad Patents

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Patent Office ◽  
Economic Significance ◽  
System A ◽  
Gold Plate ◽  
Patent Applications ◽  
The Law

At the time patent applications are reviewed, the Patent and TrademarkOffice has no way of identifying the small number of applications that arelikely to end up having real economic significance. Thus patentapplications are for the most part treated alike, with every applicationgetting the same - and by necessity sparse - review. In this short magazinepiece, we urge in response three basic reforms. First, we would weaken thepresumption of validity that today attaches to all issued patents. Themodern strong presumption simply does not reflect the reality of patentreview; presumptions, in short, should be earned. Second, becauselegitimate inventors need as much certainty as the law can provide, wewould give applicants the option of earning a presumption of validity bypaying for a thorough examination of their inventions. Put differently,applicants should be allowed to "gold-plate" their patents by paying forthe kind of searching review that would merit a strong presumption ofvalidity. Third and finally, because competitors also have usefulinformation about which patents worry them and which do not, we supportinstituting a post-grant opposition system, a process by which partiesother than the applicant would have the opportunity to request and fund athorough examination of a recently issued patent. As we explain in thepiece, these reforms would together allow the Patent Office to focus itsresources on patents that might actually matter, and it would also bothreduce the incentive to file patents of questionable validity and reducethe harm caused by such patents in any event.

Surface and Substance: Baroque Dress in Spain and France, 1600–1720

2019 ◽  
pp. 237-263
Author(s):  
Lesley Ellis Miller
Keyword(s):  
Seventeenth Century ◽  
The State ◽  
Global Networks ◽  
Continuity And Change ◽  
Economic Significance ◽  
System A ◽  
Production And Consumption ◽  
State Textile

This article explores the surface and substance of elite dress in the baroque period by unpacking printed texts and images that reveal their political and economic significance in the courts of Europe. It does so by considering the nature and sources of garments and fabrics, continuity and change in their production and consumption in Spain and France, and the shaping of the modern fashion system—a system in which changes in textiles and trimmings were promoted seasonally by the state, textile manufacturers, and the nascent fashion press (Le Mercure galant) from the late seventeenth century onward. It thus underlines the local and global networks involved in the production and consumption of dress.

scholarly journals Low-Quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners

2020 ◽  
Author(s):  
Gaétan de Rassenfosse ◽  
William E Griffiths ◽  
Adam B Jaffe ◽  
Elizabeth Webster
Keyword(s):  
Technological Progress ◽  
Patent System ◽  
Patent Office ◽  
Japanese Patent ◽  
New Model ◽  
Patent Quality ◽  
The Usa ◽  
Patent Applications ◽  
Patent Systems

Abstract A low-quality patent system threatens to slow the pace of technological progress. Concerns about low patent quality are supported by estimates from litigation studies suggesting that most US patents granted should not have been issued. We propose a new model for measuring patent quality, based on equivalent patent applications submitted to multiple offices. Our method allows us to distinguish whether low-quality patents are issued because an office implements a low standard or because it violates its own standard. The results suggest that quality in patent systems is higher than previously thought. Specifically, the percentage of granted patents that are below each office’s own standard is under 10% for all offices. The Japanese patent office has a higher percentage of granted patents below its own standard than those from Europe, the USA, Korea, and China. This result arises from the fact that Japan has a higher standard than other offices. (JEL O34, K2, L4, F42)

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

Analysis of International Patent Applications for Inventions Like Traditional Herbal Medicines

2022 ◽  
pp. 532-542
Author(s):  
Pankaj Kumar ◽  
Ameeta Sharma
Keyword(s):  
Herbal Medicines ◽  
Patent Office ◽  
International Patent Classification ◽  
Patent Cooperation Treaty ◽  
Patent Classification ◽  
Patent Search ◽  
Classification Code ◽  
International Patent ◽  
Search Tool ◽  
Patent Applications

Numerous applications have been filed for patents based on bio-inventions in the Indian patent office. Although there is not any international patent, there is a system of international patent applications whereby the applicant may designate name of countries where they wish to file application for patents nationally. According to international patent classification, the concern class for such a patent applications is A61K36/00. More particularly, the international class (IC) A61K36/00 relates to medicinal preparations of undetermined constitution containing material from algae, lichens, fungi or plants, or derivatives thereof (e.g., traditional herbal medicines). International applications filings under patent cooperation treaty (PCT) for patent purposes can be accessed at the Patentscope (patent search tool of WIPO). All international patent applications for such TK-based inventions have been accessed online at Patentscope using the classification code A61K36 for this study.

Integration of one-dimensional equations of motions

2020 ◽  
pp. 79-90
Author(s):  
Gleb L. Kotkin ◽  
Valeriy G. Serbo
Keyword(s):  
Potential Energy ◽  
Field Change ◽  
One Dimensional ◽  
System A ◽  
Small Correction ◽  
The Law ◽  
The One ◽  
The Given ◽  
Equations Of Motions

If the potential energy is independent of time, the energy of the system remains constant during the motion of a closed system. A system with one degree of freedom allows for the determination of the law of motion in quadrature. In this chapter, the authors consider motion of the particles in the one-dimensional fields. They discuss also how the law and the period of a particle moving in the potential field change due to adding to the given field a small correction.

17. Patentable subject matter

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Subject Matter ◽  
Industrial Application ◽  
Computer Programs ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Technical Effect ◽  
Patentable Subject Matter ◽  
The Law ◽  
The Uk

This chapter deals with patentable subject matter and the ways in which it is regulated under the Patents Act 1977 and the 2000 European Patents Convention (EPC). More specifically, it discusses five criteria that an invention must satisfy to be patentable, including the requirement that it must be capable of ‘industrial application’, and that patents are not granted for immoral inventions. The chapter also considers two different approaches that are used when deciding whether an invention falls within the scope of section 1(2)/Article 52(2): the ‘technical effect’ approach in the UK and the ‘any hardware’ approach applied by the European Patent Office. Finally, it examines how the law deals with a number of specific types of invention and looks at possible reforms, particularly in relation to computer programs and computer-related inventions.

scholarly journals Ready for Patenting

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Patent Law ◽  
Middle Ground ◽  
Intended Purpose ◽  
The World ◽  
Patent Applications ◽  
The Law ◽  
Definition Of ◽  
Opposite Extreme

Patent law has tried to find a middle ground between a vision of inventionas a mental act and a competing vision that focuses on the actual buildingof a working product. The definition of invention in the 1952 Patent Actincorporates both conception and reduction to practice, sometimes choosingthe first to conceive as the inventor and at other times choosing the firstto reduce an invention to practice. But in trying to walk that middleground, patent law has actually discouraged inventors from getting theirinventions to work in practice, rewarding those who run to the patentoffice before they are fully done with the invention and giving themprecedence over those who take the time to make sure their invention worksby building and testing it. The problem is even worse under the new AmericaInvents Act passed in 2011, which encourages patentees to file theirapplications as soon as possible.The fact that the law encourages inventors to file first and figure outlater how (or even if) the invention works for its intended purpose isunfortunate. It produces underdeveloped patent applications that do notcommunicate useful information to the world. It facilitates the rise ofpatent trolls who obtain patents but never bother to produce a product,instead making a business of suing those who do. And it pushes people topatent things just in case, adding more patents into a system alreadyoverburdened with them.I reject proposals to go to the opposite extreme, requiring patentees tomake products. But we should not be in the position in which we currentlyfind ourselves: treating inventors less favorably if they try to build andtest their inventions In this paper, I offer some thoughts on ways we mightseek to protect inventors who actually decide to build and test theirproducts.

scholarly journals Patent applications and neurotic concerns: further explorations in the Patent Office

1998 ◽  
Vol 22 (3) ◽  
pp. 162-165
Author(s):  
David V. James ◽  
Paul L. Gilluley
Keyword(s):  
Clinical Practice ◽  
Conventional Medicine ◽  
Previous Article ◽  
Psychiatric Practice ◽  
Patent Office ◽  
Psychotic Illness ◽  
The Subject ◽  
Patent Applications ◽  
The Times

It is a commonplace of clinical practice that those with obsessional disorder, or with obsessional features to a psychotic illness, often develop concerns about cleanliness and contamination, some with a focus on everyday bodily processes. In a search of the Patent Office for psychotic ideas (James & Gilluley, 1997), it became apparent that patents reflecting concern about bodily functions were strongly represented in the patent collection. These stood out from patents concerning innovation in conventional medicine or medical appliances, and some of them had the flavour of the more bizarre ideas on the subject put forward by patients in our psychiatric practice. It was decided to explore the collection of the Patent Office further, with a view to surveying the range of such patents and examining their relation to the times in which they originated. The procedure used was the same as in our previous article.

scholarly journals The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

2010 ◽  
Vol 58 (3) ◽  
pp. 85-90
Author(s):  
Hana Kelblová
Keyword(s):  
Consumer Protection ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Patent Office ◽  
Trade Marks ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
European Court ◽  
The Law

The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

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