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The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic.
New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm.
Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law and competition law, as well as IP scholars, academics and lawyers.
Introduction
Emanuela Arezzo and Gustavo Ghidini
PART I: GENERAL THEMES IN PATENT LAW
1. Tailoring Patents to Different Industries
Dan L. Burk and Mark A. Lemley
2. Innovation in the New Technological Industries: Looking for a Consistent Cooperative Model
Valeria Falce
3. The Future of the Requirement for an Invention: Inherent Patentability as a Pre- and Post-Patent Determinant
Justine Pila
4. The Experimental Use of the Patented Invention: A Free Use or an Infringing Use?
Vincenzo Di Cataldo
5. Patents and Competition Law: Some Features of the New Interface
Steven D. Anderman
PART II: EMERGING THEMES IN INFORMATION TECHNOLOGIES
6. Are Software Patents Something Special?
Reinier B. Bakels
7. Towards a New Instrument of Protection for Software in the EU? Learning the Lessons from the Harmonization Failure of Software Patentability
Reto M. Hilty and Christophe Geiger
8. Patent Governance in the United States: Lessons from Bilski v. Kappos
John R. Thomas
PART III: EMERGING THEMES IN THE BIOTECH INDUSTRIES
9. A Decade After the Birth of the Biotech Directive: Was it Worth the Trouble?
Sven J.R. Bostyn
10. Gene Patents Under Fire: Weighing the Costs and Benefits
Christopher M. Holman
11. Patentability of Human Stem Cell or Synthetic Biology Based Inventions
Paul L.C. Torremans
12. Moral Limits to Biotech Patents in Europe: A Quest for Higher Harmonization
Andrea Ottolia
Index
Edited by Emanuela Arezzo, Lecturer in IP Law, LUISS Guido Carli University and Lecturer in Commercial Law, Catholic University of the Sacred Heart, Rome, Italy and Gustavo Ghidini, Professor, Intellectual Property and Competition Law, University of Milan and LUISS Guido Carli University, Rome, Italy
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a “must read”.’
– Hanns Ullrich, College of Europe, Bruges, Belgium
‘Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law – from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.’
– Rudolph J.R. Peritz, New York Law School, US
