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Textual Machines

Alain Pottage and Brad Sherman

in Figures of Invention: A History of Modern Patent Law

Published in print:
2010
Published Online:
April 2015
ISBN:
9780199595631
eISBN:
9780191807282
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199595631.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on patent claims as textual machines wherein the same textual configuration can be deployed to a different effect, according to context and strategy. It first considers how the ... More


Intellectual Property Rights and the Right to Health: The Glivec Patent Claim in India

Rajshree Chandra

in Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198065579
eISBN:
9780199080120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198065579.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight ... More


The Idea of Property: Its Meaning and Power

Laura Underkuffler

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.001.0001
Subject:
Law, Law of Obligations

Legal scholars and philosophers have long been engaged in what has been called ‘the pursuit of the holy grail of property’ — the secret of the internal structure of property in law. Attempts to ... More


Dousing the Fires of Patent Litigation

Christopher Beauchamp

in The Battle over Patents: History and Politics of Innovation

Published in print:
2021
Published Online:
October 2021
ISBN:
9780197576151
eISBN:
9780197576199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197576151.003.0005
Subject:
Economics and Finance, Economic History

The modern patent system is often criticized as excessively litigious and ripe for reform. But there is historical precedent for shifts in patent litigation with limited public policy intervention. ... More


How to Catch the Infringer—and How Not to be Caught

Philip W. Grubb, Peter R. Thomsen, Tom Hoxie, and Gordon Wright

in Patents for Chemicals, Pharmaceuticals, and Biotechnology

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199684731
eISBN:
9780191932946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199684731.003.0027
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter considers the issue of patent infringement from the perspectives of both the patentee and the potential infringer. When the owner of a patent becomes aware of commercial activity by a ... More


Drafting the Claims

Philip W. Grubb, Peter R. Thomsen, Tom Hoxie, and Gordon Wright

in Patents for Chemicals, Pharmaceuticals, and Biotechnology

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199684731
eISBN:
9780191932946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199684731.003.0022
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explains the procedure for drafting patent claims. Claims define the scope of the subject matter for which protection is sought, and all countries that have patents require at least ... More


Proportionality and fairness

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0087
Subject:
Law, Intellectual Property, IT, and Media Law

Art 42 UPCA turns to the Court directly and requires it to observe the standards which it sets out. It is thus distinguished from Art 41(3) UPCA that is addressed to the parties involved in the ... More


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