ERPN: Intellectual Property (Topic)最新文献_第9页

Lending a Hand: The Need for Public Participation in Patent Examination and Beyond 伸出援手:专利审查中公众参与的必要性及其他

ERPN: Intellectual Property (Topic) Pub Date : 2007-03-01 DOI: 10.2139/SSRN.970832

Matthew John Duane

{"title":"Lending a Hand: The Need for Public Participation in Patent Examination and Beyond","authors":"Matthew John Duane","doi":"10.2139/SSRN.970832","DOIUrl":"https://doi.org/10.2139/SSRN.970832","url":null,"abstract":"Under current patent practice, a single examiner, often overworked and with limited resources, must review an invention for patentability, investigate prior art references, and pass judgment on its novelty and nonobviousness in a very compressed timeframe. As a result of these pressures, \"bad\" patents are being issued with increasing frequency, especially in emerging technology fields such as software and biotech where the USPTO lacks a sufficient number of competent examiners for the workload. In particular, many of these examiners are simply unable to conduct a thorough prior art search within the timeframes given, and this problem is only exasperated with increased complexity of the inventions. In response to this problem, Beth Noveck has proposed the Community Patent Project, where third parties will be able to suggest prior art references, review those submitted by others, and ultimately produce a document that examiners can use to supplement their own prior art searches. Following a model popularized by open source programming and community-driven networks such as Wikipedia, this Project will help to assuage some of the pressures felt by the examiner, while improving the quality of the searches performed and, hopefully, produce more complete and valid patents. While this Project will be beneficial as a \"proof of concept\", this Comment questions whether the Project will ever be viable on a larger scale. It then suggests that with a few tweaks, such as a more robust treatment of foreign languages and an improved incentive system, the Project could truly realize its goal of \"globalizing\" the patent examination process.","PeriodicalId":177397,"journal":{"name":"ERPN: Intellectual Property (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128515152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Managing Intellectual Assets within Knowledge-based Partnerships: Insights from a Survey of Public Laboratories Collaborating with Industry 在以知识为基础的伙伴关系中管理知识资产:来自与工业界合作的公共实验室调查的见解

ERPN: Intellectual Property (Topic) Pub Date : 2006-03-01 DOI: 10.2139/ssrn.1340209

J. Goddard, M. Isabelle

引用次数: 4

Improving Access to the Law in Canada With Digital Media 利用数字媒体改善加拿大的法律获取

ERPN: Intellectual Property (Topic) Pub Date : 1999-03-01 DOI: 10.2139/SSRN.163669

Thomas L. McMahon

{"title":"Improving Access to the Law in Canada With Digital Media","authors":"Thomas L. McMahon","doi":"10.2139/SSRN.163669","DOIUrl":"https://doi.org/10.2139/SSRN.163669","url":null,"abstract":"This paper discusses the arguments for making the law, including statutes, regulations, court and administrative tribunal decisions, available for free on the Internet. Its focus is on the Canadian situation, but there is a description of how the Australasian Legal Information Institute and the Cornell Legal Information Institute began and how they operate today. These are held up as examples for others to follow. The Universite de Montreal LexUM/Centre de recherche en droit publique and the Access to Justice Network are two Canadian examples that are analogous to the AustLII and Cornell's LII. The paper surveys statutory requirements to publish the law (noting, for example, that international trade agreements impose more obligations to make law available to foreigners than to one's own citizens), surveys case law concerning government claims to copyright over the law and private publisher claims to copyright (including a fairly thorough of the U.S. case law in this area), surveys case law in Canada and the U.S. concerning the use of freedom of information legislation to obtain access to the law. The paper discusses the arguments about governments who see legal databases as an opportunity for cost-recovery (a number of provinces in Canada make their statutes available electronically only to subscribers) and explains the current state of free, electronic access to the law in Canada. In the last two sections, the paper concludes with recommendations to make the law more accessible for free. The sections are called: \"Dream Big: Access to the Law Can Mean More than Access to the Raw Legal Texts\" and \"A Ten-point Dream for Electronic Access to the Law.\"","PeriodicalId":177397,"journal":{"name":"ERPN: Intellectual Property (Topic)","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130964334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Translation of Norwegian ("Direct Connect") case: Den Offentlige Påtalemyndighet mot A (Oslo Tingrett, 27 May 2005 - Docket No. TOSLO-2004-943280)[Public Prosecutor v. A - Oslo Trial Court]

ERPN: Intellectual Property (Topic) Pub Date : 1900-01-01 DOI: 10.2139/SSRN.1107116

H. Spang-Hanssen, T. Ochoa

引用次数: 1

When Do Firms Acquire External Patents in the Market for Technology? From a Perspective on Performance Feedback 企业何时在技术市场上获得外部专利?从绩效反馈的角度看问题

ERPN: Intellectual Property (Topic) Pub Date : 1900-01-01 DOI: 10.2139/ssrn.3880860

Jongseon Lee, Nami Kim

引用次数: 0

Using Regression Analysis of Observed Licenses to Calculate a Reasonable Royalty for Patent Infringement 用回归分析观察许可计算专利侵权的合理权利金

ERPN: Intellectual Property (Topic) Pub Date : 1900-01-01 DOI: 10.2139/ssrn.3179157

J. Sidak

{"title":"Using Regression Analysis of Observed Licenses to Calculate a Reasonable Royalty for Patent Infringement","authors":"J. Sidak","doi":"10.2139/ssrn.3179157","DOIUrl":"https://doi.org/10.2139/ssrn.3179157","url":null,"abstract":"Patent licenses reveal information about how the market values a patented technology and how the market values new information concerning the probability of a patent’s validity and infringement. One can use that information to determine the value of the patent in suit under the assumed conditions in the <i>Georgia-Pacific</i> hypothetical negotiation that the patent is absolutely valid and infringed. Using regression analysis, an expert economic witness can use the change in royalty rates that occurs after pretrial rulings (by district courts, by the PTAB, or by the ITC or its individual administrative law judges) to calculate the market value of the increasing probability that the patent in suit is valid and infringed, and to predict the outcome of the hypothetical negotiation on the eve of the defendant’s first infringement of the patent in suit. The line of best fit might predict a gradually increasing royalty over time, as uncertainty about the patent’s validity and scope decreases. If so, extending the line of best fit to the trial date would provide a conservative (lower-bound) calculation of a reasonable royalty under the assumptions of absolute validity and infringement that apply in <i>Georgia-Pacific</i>’s hypothetical negotiation. This methodology enables the calculation of a reasonable royalty for the patent in suit that incorporates both the underlying legal assumptions of the hypothetical-negotiation framework and the market-disciplined prices that one subsequently observes in actual patent licenses voluntarily negotiated at arm’s length between the licensor and willing third parties.","PeriodicalId":177397,"journal":{"name":"ERPN: Intellectual Property (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125927603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Making Sense of 'Apportionment' in Patent Damages 专利损害赔偿中“分摊”的意义

ERPN: Intellectual Property (Topic) Pub Date : 1900-01-01 DOI: 10.7916/D8GF140W

E. Bailey, Gregory K. Leonard, Mario A. Lopez

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引用次数: 3