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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.

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.

Recent Advances in Water Management: Saving, Treatment and Reuse

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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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