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Patent Failure

Author: James Bessen
Publisher: Princeton University Press
ISBN: 9781400828692
Size: 35.96 MB
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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

The Patent Crisis And How The Courts Can Solve It Large Print 16pt

Author: Dan L. Burk
Publisher: ReadHowYouWant.com
ISBN: 1459605586
Size: 52.43 MB
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Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution - courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.

Laws Of Creation

Author: Ronald A. Cass
Publisher: Harvard University Press
ISBN: 0674067649
Size: 72.86 MB
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Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.

Learning By Doing

Author: James Bessen
Publisher: Yale University Press
ISBN: 0300195664
Size: 12.31 MB
Format: PDF, Kindle
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Today's great paradox is that we feel the impact of technology everywhere--in our cars, our phones, the supermarket, the doctor's office--but not in our paychecks. In the past, technological advancements dramatically increased wages, but for three decades now, the median wage has remained stagnant. Machines have taken over much of the work of humans, destroying old jobs while increasing profits for business owners. The threat of ever-widening economic inequality looms, but in Learning by Doing, James Bessen argues that increased inequality is not inevitable. Workers can benefit by acquiring the knowledge and skills necessary to implement rapidly evolving technologies; unfortunately, this can take years, even decades. Technical knowledge is mostly unstandardized and difficult to acquire, learned through job experience rather than in the classroom. As Bessen explains, the right policies are necessary to provide strong incentives for learning on the job. Politically influential interests have moved policy in the wrong direction recently. Based on economic history as well as analysis of today's labor markets, his book shows a way to restore broadly shared prosperity.

Pharmaceutical Innovation Competition And Patent Law

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 0857932462
Size: 48.15 MB
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Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.

The Law Of Intellectual Property

Author: Craig Allen Nard
Publisher: Wolters Kluwer Law & Business
ISBN: 145488665X
Size: 32.42 MB
Format: PDF
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This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies

The Law Of Patents

Author: Craig Allen Nard
Publisher: Wolters Kluwer Law & Business
ISBN: 1454834323
Size: 68.88 MB
Format: PDF, ePub, Docs
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A lean yet comprehensive casebook on the law of patents that features helpful introductory text, technologically-accessible cases, detailed comments, comparative and policy perspectives, and statutes Incorporates the America Invents Act, the most sweeping changes to the patent statute since 1952 The move from a first-to-invent priority system to a first-inventor-to-file system Significant changes to 35 U.S.C. section 102 Post-grant review of patent applications Inter-partes review of patents. Important new Supreme Court and Federal Circuit cases, including Myriad Genetics, Prometheus Labs, Global Tech, Akamai, Bowman, Actavis, and Therasense Updated Comments and Comparative and Policy Perspectives New and updated PowerPoint slides and website

Dna

Author: Linda L. McCabe
Publisher: Univ of California Press
ISBN: 0520933931
Size: 55.10 MB
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The genetic revolution has provided incredibly valuable information about our DNA, information that can be used to benefit and inform—but also to judge, discriminate, and abuse. An essential reference for living in today's world, this book gives the background information critical to understanding how genetics is now affecting our everyday lives. Written in clear, lively language, it gives a comprehensive view of exciting recent discoveries and explores the ethical, legal, and social issues that have arisen with each new development.

The Biologist S Imagination

Author: William Hoffman
Publisher: Oxford University Press
ISBN: 0199361320
Size: 54.21 MB
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Scholars and policymakers alike agree that innovation in the biosciences is key to future growth. The field continues to shift and expand, and it is certainly changing the way people live their lives in a variety of ways. With a large share of federal research dollars devoted to the biosciences, the field is just beginning to live up to its billing as a source of innovation, economic productivity and growth. Vast untapped potential to imagine and innovate exists in the biosciences given new tools now widely available. In The Biologist's Imagination, William Hoffman and Leo Furcht examine the history of innovation in the biosciences, tracing technological innovation from the late eighteenth century to the present and placing special emphasis on how and where technology evolves. Place is often key to innovation, from the early industrial age to the rise of the biotechnology industry in the second half of the twentieth century. The book uses the distinct history of bioinnovation to discuss current trends as they relate to medicine, agriculture, energy, industry, ecosystems, and climate. Fast-moving research fields like genomics, synthetic biology, stem cell research, neuroscience, bioautomation and bioprinting are accelerating these trends. Hoffman and Furcht argue that our system of bioscience innovation is itself in need of innovation. It needs to adapt to the massive changes brought about by converging technologies and the globalization of higher education, workforce skills, and entrepreneurship. The Biologist's Imagination is both a review of past models for bioscience innovation and a forward-looking, original argument for what future models should take into account.

Patent Policy

Author: Pia Weiss
Publisher: Routledge
ISBN: 1136981861
Size: 19.64 MB
Format: PDF, Kindle
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There exists a vast body of literature on all aspects associated with patents, including innovation, patent policy instruments, licensing, and the tension between patent policy and competition policy. However, most of the works focusing on patent policy are only available as journal articles or as reprints in book collections. This book bridges that gap in presenting a systematic overview of models dedicated to patent policy.