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The Changing Face Of US Patent Law And Its Impact On Business Strategy

The Changing Face Of US Patent Law And Its Impact On Business Strategy

Author: Daniel R. Cahoy; Lynda J. Oswald
Publisher: Edward Elgar Publishing
ISBN: 9781781007846
Published In: April 2013
Format: Hardback , 256 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy.

The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit’s special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades.

This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.

Introduction

PART I: INFLUENCES ON PATENT POLICY
1. Coalition Formation and Battles to Effect Intellectual Property Policy Change in the Age of ACTA, AIA and the SHIELD Act

2. Administrative Patent Levers in the Software, Biotechnology and Clean Technology Industries

PART II: REVISIONS TO PATENT APPLICATION PROCESS
3. The America Invents Act, Patent Priority, and Supplemental Examination

4. Inequitable Conduct after Therasense and the America Invents Act

5. The Patenting of a Profession — Accounting in the Crosshairs

PART III: CHANGES TO THE SCOPE OF ENFORCEMENT AND INFRINGEMENT
6. Unexpected Hazards of a Specialized Patent Court: Lessons from Joint Infringement Doctrine

7. The Transformation of Patents into Information Containment Tools

8. Will the America Invents Act Post-grant Review Improve the Quality of Patents? A Comparison with the European Patent Office Opposition

PART IV: EMERGENCE OF EXCLUSION SYSTEMS BEYOND PATENTS
9. Biopharmaceuticals under the Patient Protection and Affordable Care Act: Determining the Appropriate Market and Data Exclusivity Periods

Daniel R. Cahoy, Associate Professor of Business Law, Pennsylvania State University’s Smeal College of Business and Lynda J. Oswald, Professor of Business Law, University of Michigan Stephen M. Ross School of Business, US

‘Daniel Cahoy and Lynda Oswald have brought together some of the country’s most prominent patent scholars outside the legal discipline. From the Leahy–Smith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.’
– Peter K. Yu, Drake University Law School, US