Intellectual Property and Biotechnology


Book Description

Dr Rimmer s book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species. From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia . . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.







Patent Misuse and Antitrust Law


Book Description

This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.




Business Method Patents


Book Description

In a landmark decision, the Federal Circuit Court of Appeals in Signature Financial v. State Street Bank held that business methods may be patented. Recently, the US Supreme Court in Bilski v. Kappos left the door open for the availability of patents for business methods. These holdings, together with the explosive growth of electronic commerce and technology, make the business method patent an important growth area of intellectual property. Now in a revised Looseleaf format, this completely updated Second Edition of Business Method Patents is your guide to the unique opportunities and risks in this emerging area of intellectual property law. Business Method Patents, Second Edition is your authoritative source for expert guidance on: The landmark Supreme Court decision in Bilski v. Kappos USPTO view on business method patents, including an overview of BPAI rulings Mechanics of the patent application Prior art searches Drafting claims for business method or model and e-commerce inventions Drafting the complete specification Drawings required for business method patents Building a strategic patent portfolio Litigating business method patents International protection for business methods




Software Patents


Book Description

Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. Software Patents, Third Edition will show you how to draft accurate, complete patent applications -- applications that will be approved by the patent office and that will stand in court if challenged. It discusses what a software patent is and the legal protection it offers; who holds software patents and for what inventions; and the steps you can take to protect software inventions in the worldwide marketplace. The book also explores internet and e-commerce patents and information protection using the software patent. Completely revised and updated in a new looseleaf format, Software Patents, Third Edition is your authoritative source for expert guidance on: Strategic software patent protection Prior art searches Drafting claims Drafting the software patent specification Requirements for software patent drawings Patent Office examination guidelines International software patent protection Beta testing software inventions Integrating software patents with industry standards Invalidity defenses in software patent litigation




Research Handbook on Intellectual Property Exhaustion and Parallel Imports


Book Description

From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.




Interfaces on Trial 2.0


Book Description

The debate over the use of copyright law to prevent competition and interoperability in the global software industry. We live in an interoperable world. Computer hardware and software products from different manufacturers can exchange data within local networks and around the world using the Internet. The competition enabled by this compatibility between devices has led to fast-paced innovation and prices low enough to allow ordinary users to command extraordinary computing capacity. In Interfaces on Trial 2.0, Jonathan Band and Masanobu Katoh investigate an often overlooked factor in the development of today's interoperabilty: the evolution of copyright law. Because software is copyrightable, copyright law determines the rules for competition in the information technology industry. This book—a follow-up to Band and Katoh's successful 1995 book Interfaces on Trial—examines the debates surrounding the use of copyright law to prevent competition and interoperability in the global software industry in the last fifteen years. Band and Katoh are longtime advocates for interoperable devices but present a reasoned view of contentious issues related to interoperability issues in the United States, the European Union, and the Pacific Rim. They discuss such topics as the protectability of interface specifications, the permissibility of reverse engineering (and legislative and executive endorsement of pro-interoperability case law), the interoperability exception to the U.S. Digital Millennium Copyright Act and the interoperability cases decided under it, the enforceability of contractural restrictions on reverse engineering; and recent legal developments affecting the future of interoperability, including those related to open source-software and software patents.




Trademark & Copyright Disputes


Book Description

Trademark and Copyright Disputes: Litigation Forms and Analysis provides timesaving, practice-proven forms, checklists, and analysis that help you handle your next intellectual property dispute with ease. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, you'll find commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions. Trademark and Copyright Disputes: Litigation Forms and Analysis includes a CD-ROM that contains: Sample complaints for trademark, copyright, cybersquatting, and International Trade Commission (ITC) actions Sample answers, counterclaims and affirmative defenses for trademark, copyright, trade secrets, cybersquatting litigation, and ITC actions Sample motion ranging from Motions to Dismiss to Motions for Sanctions/Attorney's Fees Discovery sample forms, such as interrogatories and protective orders Trial forms such as jury instructions Forms for appeal such as Notice of Appeal and Petition for Certiorari