Fundamentals of Patent Law Interpretation and Scope of Protection

Author: Matthew Fisher
Publisher: Hart Publishing
ISBN: 9781841136929
Published In: September 2007
Format: Hardback , 448 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Winner of the Inner Temple Book Prize 2008: Young Authors' Prize

This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area.

The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area.

This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.

Matt Fisher is a Lecturer in Law at the University of Bristol.

…a very thorough introduction to the history of the patent system…this book has a place in the library of the intellectual property expert…The second part on claim interpretation and determination of scope is the fullest and most detailed analysis of this thorny issue the reviewer has come across for a while.
Paul Torremans
European Intellectual Property Review
Vol 30, Issue 6, 2008