Fundamentals of patent law : interpretation and scope of protection /
Matthew Fisher.
- Oxford ; Hart Pub., c2007.
- xxi, 425 p. ; 24 cm.
Includes bibliographical references (p. [393]-415) and index.
Intro; PREFACE; CONTENTS; TABLE OF CASES; Introduction; Part IHistorical & Economic Factors; 1The British Tradition; Basic Claim Theory; The Traditional British Approach; The 'Pith and Marrow'; 2History of the Patent SystemThe Canvas Prepared; Introduction; The Statute of Venice; Early English Grants; A New Policy ofMonopoly Grant; Novelty and Consideration; The Problem of Odious Monopolies; Judging Monopoly at Common Law; Battles of a King; The Statute ofMonopolies; A Legislative Aftermath; Issues of Jurisdiction; Consideration Revisited-The Birth and Growthof the Specification. The Novelty of NasmithA Practice Accepted; Liardet v Johnson; Conclusion; 3Patents within the Market Economy(Part I)Classical Economics and PhilosophyPreface; Preface; Introduction; Patents Within the Market Economy; Property and Patents; Classical Justifications Of Property In The Intangible-The Patent; The Natural Right Theory; The Reward by Monopoly Theory; The Incentive to Invent Theory; The Exchange for Secrets Theory; Postscript; 4Patents within the Market Economy(Part II)Does the Philosophy Fit The Facts?; Introduction; Why Patent?; Drafting a Patent: Determinants of Scope. The Drafting of the SpecificationLiteral or Liberal Interpretation?; Conclusion; 5Patents within the Market Economy(Part III)Post-Classical Economic Thought & Theories of Protection; Some Basics of Economic Analysis; Patents as Monopolies-What's in a Word?; The Economic Argument for the Patent System; Post-classical Models and Justifications; The Patent-induced Theory; The Prospect Theory; The Race-to-Invent Theory; The Rent Dissipation Theory; Recent Alternatives; Closing Comments; Part IIComparative Factors; 6AmericaPromoting the Useful Arts; Preface; Introduction; Early History; Graver Tank. The Court of Appeals for the Federal CircuitNarrowing the Doctrine of Equivalents; Warner-Jenkinson: The Supreme CourtRevisits Equivalents; Mani-Festo for the Future?; Postscript: The CAFC Revisits Festo; Conclusion; 7GermanyA Tradition Of Expansive Interpretation; Preface; Article 69 and the Protocol: A Brief History; Germany: The Historical Perspective; The Three-Part Doctrine; The Fourth Period; Formstein; Post-Formstein Solidification of Approach; Epilady; Implications and Recent Practice; Conclusion; 8Japan'And We Shall Have Patents'; Preface; Brief History; The 1885 Ordinance. Post-Convention-Incremental DevelopmentCultural Formatting: Institutional Collectivism?; Continued Pressure for Reform; Policy Reforms; The Ball Spline Decision; Conclusion; 9From Pith to PurposeBritish Claim Interpretation under the Protocol; Preface; Patents in Transition; The Catnic Legacy; Problems with Application of the Test; Post Catnic; Catnic Begets Improver; ImproverAt Full Trial: Reformulation of the Test; ImproverAccepted; Rebellion Instigated . . .; ... Rebellion Quashed; Improver Begets the Protocol Questions; Systemic Change; Kirin-Amgen to the Court of Appeal; Conclusion
This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions
eng
9781841136929 TZS 36,532.24
Patent laws and legislation--Great Britain. Patent laws and legislation.