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Fundamentals of Patent Law

Interpretation and Scope of Protection

By: Matt Fisher
Media of Fundamentals of Patent Law
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Published: 19-09-2007
Format: PDF eBook (?)
Edition: 1st
Extent: 448
ISBN: 9781847313812
Imprint: Hart Publishing
RRP: £129.60
Online price : £116.64
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Loren Epson

About Fundamentals of Patent Law

Shortlisted for the 2008 Young Authors Inner Temple Book Prize

This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area.
The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area.
This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.

Table Of Contents

Introduction

PART I-HISTORICAL AND ECONOMIC FACTORS

1 The British Tradition
BASIC CLAIM THEORY
THE TRADITIONAL BRITISH APPROACH
THE PITH AND MARROW

2 History of the Patent System-The Canvas Prepared
INTRODUCTION
THE STATUTE OF VENICE
EARLY ENGLISH GRANTS
A NEW POLICY OF MONOPOLY GRANT
NOVELTY AND CONSIDERATION
THE PROBLEM OF ODIOUS MONOPOLIES
JUDGING MONOPOLY AT COMMON LAW
BATTLES OF A KING
THE STATUTE OF MONOPOLIES
A LEGISLATIVE AFTERMATH
ISSUES OF JURISDICTION
CONSIDERATION REVISITED-THE BIRTH AND GROWTH OF THE SPECIFICATION
THE NOVELTY OF NASMITH
A PRACTICE ACCEPTED
LIARDET v JOHNS
CONCLUSION

3 Patents within the Market Economy (Part I)-Classical Economics and Philosophy
PREFACE
INTRODUCTION
PATENTS WITHIN THE MARKET ECONOMY
PROPERTY AND PATENTS
CLASSICAL JUSTIFICATIONS OF PROPERTY IN THE INTANGIBLE- THE PATENT
THE NATURAL RIGHT THEORY
THE REWARD BY MONOPOLY THEORY
THE INCENTIVE TO INVENT THEORY
THE EXCHANGE FOR SECRETS THEORY
POSTSCRIPT

4 Patents within the Market Economy (Part II)-Does the Philosophy fit the Facts?
INTRODUCTION
WHY PATENT?
DRAFTING A PATENT: DETERMINANTS OF SCOPE
THE DRAFTING OF THE SPECIFICATION
LITERAL OR LIBERAL INTERPRETATION?
CONCLUSION

5 Patents within the Market Economy (Part III)-Post-Classical Economic Thought & Theories of Protection
SOME BASICS OF ECONOMIC ANALYSIS
PATENTS AS MONOPOLIES-WHAT'S IN A WORD?
THE ECONOMIC ARGUMENT FOR THE PATENT SYSTEM
POST-CLASSICAL MODELS AND JUSTIFICATIONS
THE PATENT-INDUCED INNOVATION THEORY
A BRIEF ASIDE-THE PROBLEM OF CUMULATIVE RESEARCH
THE PROSPECT THEORY
THE RACE-TO-INVENT THEORY
THE RENT DISSIPATION THEORY
RECENT ALTERNATIVES
CLOSING COMMENTS

PART II-COMPARATIVE FACTORS

6 America-Promoting the Useful Arts
PREFACE
INTRODUCTION
EARLY HISTORY
GRAVER TANK
THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT
NARROWING THE DOCTRINE OF EQUIVALENTS
WARNER-JENKINSON: THE SUPREME COURT REVISITS EQUIVALENTS
MANI-FESTO FOR THE FUTURE?
POSTSCRIPT: THE CAFC REVISITS FESTO
CONCLUSION

7 Germany-A Tradition of Expansive Interpretation
PREFACE
ARTICLE 69 AND THE PROTOCOL: A BRIEF HISTORY
GERMANY: THE HISTORICAL PERSPECTIVE
THE THREE-PART DOCTRINE
THE FOURTH PERIOD
FORMSTEIN
POST-FORMSTEIN SOLIDIFICATION OF APPROACH
EPILADY
IMPLICATIONS AND RECENT PRACTICE
CONCLUSION

8 Japan-'And we shall have Patents'
PREFACE
BRIEF HISTORY
THE 1885 ORDINANCE
POST-CONVENTION-INCREMENTAL DEVELOPMENT
CULTURAL FORMATTING-INSTITUTIONAL COLLECTIVISM?
CONTINUED PRESSURE FOR REFORM
POLICY REFORMS
THE BALL SPLINE DECISION
CONCLUSION

9 From Pith to Purpose-British Claim Interpretation under the Protocol
PREFACE
PATENTS IN TRANSITION
THE CATNIC LEGACY
PROBLEMS WITH APPLICATION OF THE TEST
POST CATNIC
CATNIC BEGETS IMPROVER
IMPROVER AT FULL TRIAL: REFORMULATION OF THE TEST
IMPROVER ACCEPTED
REBELLION INSTIGATED

. . . REBELLION QUASHED
IMPROVER BEGETS THE PROTOCOL QUESTIONS
SYSTEMIC CHANGE
KIRIN-AMGEN TO THE COURT OF APPEAL
CONCLUSION

10 Kirin-Amgen and Beyond-Cast Adrift on a Sea of Uncertainty?
INTRODUCTION
IN THE INTERIM
A PROTOCOL REMASTERED
KIRIN-AMGEN IN THE LORDS
COMMENT ON KIRIN
POST KIRIN-AMGEN: ADRIFT ON A SEA OF UNCERTAINTY
CONCLUSION

11 A Summary
THE JOURNEY SO FAR
OF FAIRNESS, CERTAINTY AND HARMONISATION
SO WHERE NOW?
TO CONCLUDE

Reviews

“…a very thorough introduction to the history of the patent system…this book has a place in the library of the intellectual property expert…The second part on claim interpretation and determination of scope is the fullest and most detailed analysis of this thorny issue the reviewer has come across for a while.” –  Paul Torremans, European Intellectual Property Review Vol 30, Issue 6

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