Table of Contents

Patent Law and Theory

Patent Law and Theory

A Handbook of Contemporary Research

Research Handbooks in Intellectual Property series

Edited by Toshiko Takenka

This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.

Chapter 22: Resolving Patent Disputes in a Global Economy

Rochelle C. Dreyfuss

Subjects: business and management, knowledge management, innovation and technology, knowledge management, law - academic, intellectual property law


Rochelle C. Dreyfuss* 1 Introduction As with other businesses, the patent industries have discovered the global marketplace. In the last dozen years, patent applications filed in countries other than the inventor’s place of residence have increased annually by 7.4% worldwide,1 and over the last two decades, licensing revenues in the OECD states have grown ten-fold.2 To a large extent, these developments stem from a dynamic familiar to other sectors of the economy: as countries grow wealthier and more sophisticated, as tastes and preferences converge, as transportation costs decline, foreign goods become more familiar, attainable, desirable and available. For the technology community, there are other factors that are also at play. The inclusion of the TRIPS Agreement within the World Trade Organization (WTO) framework means that patents are now readily available in many nations and across a broad array of creative endeavors.3 Intellectual production is becoming increasingly collaborative, involving inventors of different nationalities, working in a multiplicity of locations.4 Technology Along with Jane C. Ginsburg and François Dessemontet, Rochelle C. Dreyfuss is a Reporter for the American Law Institute’s project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. The author would like to acknowledge the financial support of the Filomen D’Agostino and Max E. Greenberg Research Fund and the assistance of Melissa Feeney Wasserman, NYU Class of 2007. 1 World Intellectual Property Organization (2006), ‘WIPO Patent Report: Statistics on Worldwide Patent Activities 4’, available at ipstats/en/statistics/patents/patent_report_2006.html#P137_14557. 2 Organization...

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