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Historical Insights

Dominique Guellec

in The Economics of the European Patent System: IP Policy for Innovation and Competition

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199216987
eISBN:
9780191711831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199216987.003.0002
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter addresses the genesis and evolution of the patent system, since the first patent statute was issued in Venice in 1471, until the international harmonization pressures of patent regimes ... More


Challenging Acts of International Organizations Before National Courts

August Reinisch (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ... More


The CCR5 Patent and Intellectual Property Law

Myles W. Jackson

in The Genealogy of a Gene: Patents, HIV/AIDS, and Race

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028660
eISBN:
9780262327190
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028660.003.0004
Subject:
History, History of Science, Technology, and Medicine

Using the CCR5 patent as a guide, this chapter analyses how various legal precedents based on chemistry have proven to be inappropriate to genes. Gene patents are controversial not simply because of ... More


The CCR5 Patent(s)

Myles W. Jackson

in The Genealogy of a Gene: Patents, HIV/AIDS, and Race

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028660
eISBN:
9780262327190
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028660.003.0002
Subject:
History, History of Science, Technology, and Medicine

This chapter explores how the CCR5 gene was patented by several companies both in the United States and in Europe. It discusses how one of the patent holders patented the incorrect sequence and did ... More


The European Response to the CCR5 Patent

Myles W. Jackson

in The Genealogy of a Gene: Patents, HIV/AIDS, and Race

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028660
eISBN:
9780262327190
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028660.003.0005
Subject:
History, History of Science, Technology, and Medicine

This chapter discusses the patenting of the CCR5 gene in Europe. It compares and contrasts the practices of the United States Patent and Trademark Office (USPTO) with the European Patent Office (EPO) ... More


Seed Sharing in the Patent Office

Courtney Fullilove

in The Profit of the Earth: The Global Seeds of American Agriculture

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226454863
eISBN:
9780226455051
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226455051.003.0004
Subject:
History, Environmental History

This chapter analyzes the seed collection and distribution program of the US Patent Office Agricultural Department, which was absorbed into the new, autonomous US Department of Agriculture in 1862. ... More


Patent System, Constitution, and the Public

Feroz Ali

in The Access Regime: Patent Law Reforms for Affordable Medicines

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199463480
eISBN:
9780199086344
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463480.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Patent rights by their very nature are rights in rem that can be enforced against the public at large. But, surprisingly the grant of such rights is not subjected to public determination. In the ... More


Foundations of the Patent System

in The Patent Crisis and How the Courts Can Solve It

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226080611
eISBN:
9780226080635
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226080635.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter presents a brief overview of the legal and textual characteristics of the patents, and the institutions involved in granting and enforcing them. It primarily concentrates on the United ... More


Cracks in the Foundation

in The Patent Crisis and How the Courts Can Solve It

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226080611
eISBN:
9780226080635
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226080635.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter investigates the overwhelming evidence that innovation generally, and the relationship of patents to innovation in particular, differ by industry. It specifically tells the story (or ... More


Reissues

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/9780199595631.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the role of patent reissues in the evolution of the modern patent law. It also considers the difficulties generated by the reissue procedure and how they contributed to the ... More


Novel Inventions: Nation and Spectacle in the U.S. Patent Office Gallery

Reed Gochberg

in Useful Objects: Museums, Science, and Literature in Nineteenth-Century America

Published in print:
2021
Published Online:
August 2021
ISBN:
9780197553480
eISBN:
9780197553510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197553480.003.0005
Subject:
History, History of Science, Technology, and Medicine

Chapter 4 examines the distinctive history of the U.S. Patent Office gallery, which combined national repository, bureaucratic office, and public museum. Its collections included the models submitted ... More


Why Courts and Not Congress Offer a Way Out of the Crisis

in The Patent Crisis and How the Courts Can Solve It

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226080611
eISBN:
9780226080635
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226080635.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter addresses the dangers of legislating industry-specific statutes. It also defends the proposition that courts, rather than Congress or the Patent and Trademark Office (PTO), are the right ... More


Patenting Software

Noam Shemtov

in Beyond the Code: Protection of Non-Textual Features of Software

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198716792
eISBN:
9780191848377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716792.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines some key elements of patent protection for computer-implemented inventions, with particular emphasis on the patent eligibility of software-implemented inventions in the United ... More


The Museum of Seeds

Courtney Fullilove

in The Profit of the Earth: The Global Seeds of American Agriculture

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226454863
eISBN:
9780226455051
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226455051.003.0003
Subject:
History, Environmental History

This chapter examines the natural science collections of the museum in the US Patent Office building in mid-nineteenth century Washington, considering how seeds were variously construed as objects of ... More


The Relationship between European and National Courts in Intellectual Property Law

Sir Robin Jacob

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter gives a judicial perspective of the relationship between European and national courts. The author criticises that the CJEU is not prepared to take arguments derived from national law and ... More


Conclusion: New Directions

in The Patent Crisis and How the Courts Can Solve It

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226080611
eISBN:
9780226080635
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226080635.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

Both innovation and patent law unquestionably work differently in different industries. The law can either take account of those differences or seek to ignore them. Congress is better suited to ... More


Obtaining a Granted Patent: European Patent Office Procedure

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/9780199684731.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses the procedure for filing a patent application at the European Patent Office (EPO). EPO procedure is governed by certain basic principles. No decisions may be made unless the ... More


A Peculiar Calling

Michael Brian Schiffer

in Power Struggles: Scientific Authority and the Creation of Practical Electricity Before Edison

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262195829
eISBN:
9780262283120
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262195829.003.0009
Subject:
Society and Culture, Technology and Society

This chapter demonstrates how Samuel Morse, who was a professor of art and portrait painter, was successful in creating the first practically viable electromagnetic telegraph. It traverses the entire ... More


Patentability and PHOSITA in the AI Era—A Japanese Perspective

Ichiro Nakayama

in Artificial Intelligence and Intellectual Property

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198870944
eISBN:
9780191913532
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870944.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

Although it may not be clear whether AI may generate the invention autonomously without human intervention, recent development of AI produces inventions of AI technologies such as machine learning ... More


Definitions

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/9780198755463.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

The definitions prefacing the EPUE Reg in Art 2 define the terms repeatedly used in the Regulation. This was necessary in particular for the definition of the term ‘Participating Member States’ ... More


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