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Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845293097 Year: Volume: 31 Pages: 78 DOI: http://dx.doi.org/10.5771/9783845293097 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefits of a patent system rest heavily on how well it defines and maintains “patent quality.” Much of the challenge in maintaining such quality relates to the subjective and often uncertain nature of invention criteria such as “non-obviousness.” As shown by recent trends, decreased patent quality leads to greater uncertainty about patent validity, which in turn invites more litigation. This work proposes that, in order to improve constancy on patent quality, the U.S. patent office should consider returning to original strategies envisioned by the Founders of the United States as described by a patent-registration system that emphasizes utility and public review in governing the patent granting process. Modern information technology can now be applied to effectively restore this original framework envisioned for patent quality control systems.

Role and dynamics of 'Late-comers' in the global technology competition

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ISBN: 9783866446489 Year: Pages: 230 p. DOI: 10.5445/KSP/1000022378 Language: ENGLISH
Publisher: KIT Scientific Publishing
Subject: Business and Management
Added to DOAB on : 2019-07-30 20:02:01
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Faster developing cycles and economic developments created many emerging economies in the 20th century. For sustainable economic growth, however, the construction and constant preservation of a profound knowledge base and technological pool is crucial. Brazil, China, India and Russia, experienced constant high economic growth rates and begun to evolve to solid economies which are challenging the established players. This book consists of a profound empirical analysis of these emerging economies.

Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845292687 Year: Volume: 30 DOI: http://dx.doi.org/10.5771/9783845292687 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China

Aegis or Achilles Heel: The Dilemma of Homology in Biopatents in the Wake of Novozymes

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845292717 Year: Volume: 32 Pages: 72 DOI: http://dx.doi.org/10.5771/9783845292717 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Biopatents frequently disclose sequences of polypeptides and nucleic acids in the written description. The claims often cover a homology range surrounding the disclosed sequence to get a broader protection. However, homology claims face a hurdle that they may lack support by the written description. The Supreme Court of China ruled that homology claims lack support, but a further limitation by species of origin satisfies this requirement. This study explains that homology per se should have formed the essence of such disputes. Homology dictates the skilled person’s confidence on the functionality of unknown sequences, and is involved in multiple patentability requirements. Thus, the assessment of support is not an isolated matter. Disparity of different requirements creates an unclaimable gap, and constitutes a discrimination to biotechnology. An appropriate test for the support requirement is thus furnished to confer a scope of protection commensurating to the technical contribution.

FTO (Freedom to Operate) in the Pharmaceutical Industry

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845294018 Year: Volume: 34 DOI: http://dx.doi.org/10.5771/9783845294018 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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FTO licensing in the pharmaceutical industry deserves special consideration because of the large economic scale of the market, expensive cost of R&D, extremely low success rate, and easy duplication of the drug. Taking these unique aspects into consideration, the author first explaines how to perform a good FTO search and conclude an appropriate FTO licensing agreement, and then points out two issues; (i) the issue of FTO licensing and EU competition, especially the unreasonable application of the Guideline, and (ii) the issue of FTO licensing and differentiating between a bio venture company and a pharmaceutical company. Solutions for these issues are proposed.

Deceptive Conducts before the Patent Office

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783748902577 Year: Volume: 37 Pages: 335 DOI: https://doi.org/10.5771/9783748902577 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2019-10-25 11:43:48
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In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.

Privilege and Property: Essays on the History of Copyright

Authors: --- ---
ISBN: 9781906924195 Year: Pages: 450 DOI: 10.11647/OBP.0007 Language: English
Publisher: Open Book Publishers
Subject: History --- Law
Added to DOAB on : 2012-04-06 03:32:42
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What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property.This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts.

Privilege and Property

Authors: --- ---
ISBN: 9781906924201 Year: Pages: 450 DOI: 10.11647/OBP.0007 Language: English
Publisher: Open Book Publishers
Subject: Law --- History
Added to DOAB on : 2018-04-04 11:01:51
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What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC). Privilege and Property is recommended in the Times Higher Education Textbook Guide (November, 2010).

Knowledge Manageation and Big Data: Implications for Sustainability, Policy Making and Competitiveness

Authors: ---
ISBN: 9783039280087 9783039280094 Year: Pages: 416 DOI: 10.3390/books978-3-03928-009-4 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Social Sciences --- Education
Added to DOAB on : 2020-01-07 09:21:22
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The evolution of knowledge management theory and the special emphasis on human and social capital sets new challenges for knowledge-driven and technology-enabled innovation. Emerging technologies including big data and analytics have significant implications for sustainability, policy making, and competitiveness. This edited volume promotes scientific research into the potential contributions knowledge management can make to the new era of innovation and social inclusive economic growth. We are grateful to all the contributors of this edition for their intellectual work. The organization of the relevant debate is aligned around three pillars: SECTION A. DATA, KNOWLEDGE, HUMAN AND SOCIAL CAPITAL FOR INNOVATION: We elaborate on the new era of knowledge types and the emerging forms of social capital and their impact on technology-driven innovation. Topics include: Social Networks; Smart Education; Social Capital; Corporate Innovation; Disruptive Innovation; Knowledge integration; Enhanced Decision-Making. SECTION B. KNOWLEDGE MANAGEMENT & BIG DATA ENABLED INNOVATION: In this section, knowledge management and big data applications and systems are presented. Selective topic include: Crowdsourcing Analysis; Natural Language Processing; Data Governance; Knowledge Extraction; Ontology Design Semantic Modeling SECTION C. SUSTAINABLE DEVELOPMENT: In the section, the debate on the impact of knowledge management and big data research to sustainability is promoted with integrative discussion of complementary social and technological factors including: Big Social Networks on Sustainable Economic Development; Business Intelligence

Keywords

innovation capability --- social capital --- knowledge creation --- human capital investment --- training --- education --- communication --- six sigma --- structural equation model --- leadership --- innovation performance --- knowledge sharing --- social capital --- project-based organization --- citizen-scientist --- climate change --- crowdsourcing --- MTurk --- social networks --- Twitter --- social networks --- big data --- big data analysis --- sustainable development --- text mining --- NLP --- technological information --- patent analysis --- text structure --- top management team --- strategic decision-making --- risk perception --- knowledge creation process --- process innovation capability --- product innovation capability --- sustainable competitive advantage --- data governance --- cloud computing --- cloud data governance --- taxonomy --- systematic review --- holistic --- text feature extraction --- patent analysis --- hybrid neural networks --- mechanical patent classification --- international technological collaboration --- IC manufacturing --- patent association analysis --- social network analysis --- collaboration network --- corporate sustainability --- business intelligence --- multi-dimensional data model --- key performance indicators --- knowledge assets --- knowledge embeddedness --- knowledge specificity --- disruptive innovation --- personalized business mode --- technology acceptance model --- user acceptance --- data analysis --- ontology design --- knowledge management --- heterogeneous architectures --- Big Data --- transformational training programs-TTP --- quality orientation of employees-QOE --- employee loyalty-EL --- universities --- Jordan --- administrative file --- administrative procedure --- sustainability --- open data --- linked data --- provenance --- RDF --- PROV-O --- P-PLAN --- big data --- visualizing --- intellectual structure --- big data environment --- co-citation network --- collaboration network --- sustainability --- bibliometric --- knowledge management --- keywords analysis --- intellectual structure --- emerging trends --- knowledge mapping --- new ventures --- internal social networks --- absorptive capacity --- innovation --- big data --- competitive advantage --- disruptive innovation --- human capital --- innovation --- knowledge management --- sustainability --- smart education --- social networks --- social media --- conceptual maturity model --- technology-enhanced learning process

Recent Advances in Water Management: Saving, Treatment and Reuse

Authors: ---
ISBN: 9783038970316 9783038970323 Year: Pages: 208 DOI: 10.3390/books978-3-03897-032-3 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Science (General) --- Environmental Sciences
Added to DOAB on : 2019-08-28 11:21:28
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This book is a printed edition of the Special Issue Recent Advances in Water Management: Saving, Treatment and Reuse that was published in Water

Keywords

guidelines --- contaminated sites --- risk assessment --- China --- ferrous iron --- ferrous sulfide --- hydrogen sulfide --- odor control --- pumping mains --- sewerage --- pharmaceuticals --- micropollutant removal --- tezontle --- filter media --- active sites --- trickling filter --- anaerobic digester --- swine wastewater --- organic matter --- COD --- decomposition analysis --- global patent data --- research and development strategy --- water treatment technology --- anammox bacteria --- wastewater treatment --- nitrification --- denitrification --- zeolite --- combined sewer --- wastewater treatment --- microbiological quality --- surface water --- river --- lignin --- delignification --- pulp-and-paper-mill c --- wastewater --- white rot fungi --- B. adusta --- P. crysosporium --- foreign countries --- agricultural occupations --- water --- environmental education --- surveys --- sustainability --- milk production --- water --- footprint --- water recycling --- conservation --- partitioning --- efficiency --- forest waste --- palm mulch --- constructed wetlands --- vertical flow --- water treatment --- passive treatment systems --- anaerobic processes --- constructed wetlands --- ornamental plants --- treated wastewater reuse --- advanced oxidation processes (AOPs) --- activated carbon adsorption --- carbamazepine toxicity --- conventional treatment processes --- membrane technology --- occurrence --- food industry --- anticorrosive agent --- benzotriazole --- emerging contaminant --- oxygen injection --- Pb(II) --- nano illite/smectite clay --- adsorption kinetics --- adsorption thermodynamic

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