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Patent Enforcement in the US, Germany and Japan

Patent Enforcement in the US, Germany and Japan

Author: Toshiko Takenaka; Christoph Rademacher; Jan Krauss; Jochen Pagenberg; Tilman Mueller-Stoy; Christof Karl
Publisher: Oxford University Press
ISBN: 9780199679201
Published In: December 2015
Format: Hardback , 528 pages
Jurisdiction: Germany, Japan, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them.

A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas.

This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets.

Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others.

Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.
PART I: INTRODUCTION
1. History
2. Legal Framework
3. Patent Enforcement Institutions
4. Patent Professionals and Business Culture

PART II: INFRINGEMENT
5. Introduction
6. United States
7. Germany
8. Japan

PART III: VALIDITY CHALLENGE
9. United States
10. Germany
11. Japan

PART IV: ENFORCEMENT PROCEDURE
12. United States
13. Germany
14. Japan

PART V: REMEDIES
15. United States
16. Germany
17. Japan

PART VI: BEST PRACTICE
18. Analysis and Proposal of Best Practice
Prof. Dr. Toshiko Takenaka is a leading patent comparative law scholar who has been teaching U.S. patent law since 1992 at the University of Washington School of Law, and is also the founder of the IP Law and Policy LL.M. Program.

Prof. Dr. Christoph Rademacher is Assistant Professor in Law at Waseda University, Tokyo.

Dr. Jan Krauss is a patent attorney at Boehmert & Boehmert, as well as an affiliate instructor of law and guest lecturer at the University of Washington School of Law, and teaches IP on the Executive MBA in Life Sciences at the Ludwig-Maximilians-Universität, Germany.

Dr. Jochen Pagenberg is co-founder and senior member of Bardehle Pagenberg, as well as an adviser to the German Federal Ministry of Justice.

Dr. Tilman Mueller-Stoy is a Partner of Bardehle Pagenberg, Munich focussing on patent litigation. He lectures on Patent Law at Munich Technical University, Dresden University of Technology and the Center for Advanced Study and Research on Intellectual Property (CASRIP) of the University of Washington School of Law.

Dr Christof Karl is a Partner of Bardehle Pagenberg, Munich. He teaches patent law at the Munich Intellectual Property Law Center (MIPLC), at the Université de Liège, and at the Center for Advanced Study and Research on Intellectual Property (CASRIP) of George Washington School of Law.