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Patent Pledges

Global Perspectives on Patent Law’s Private Ordering Frontier

Edited by Jorge L. Contreras and Meredith Jacob

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
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John R. Allison

3.  Patent value John R. Allison* 20 Contents I. Introduction II. Social Value and Private Value III. How Does Patent “Quality” Fit into the Equation? IV. The Focus on Private Value V. Private Value and Patent Portfolios VI. Identifying Private Patent Value A. Is There a Litigation-Value Link? B. Possible Indicators of Private Patent Value   1. Prior art references   2. Patent claims   3. Citations received (“forward citations”)   4. Payment of maintenance or renewal fees   5. Number of countries in which patent protection is obtained (“patent

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Brian J. Love

13.  Patent duration Brian J. Love* Contents I. Introduction II. The Law of Patent Duration III. Theoretical and Empirical Study of the Patent Term IV. Theoretical and Empirical Study of Patent Renewal V. Conclusion References I.  INTRODUCTION The duration of a given patent’s life is a factor of two variables: first, the maximum term of protection afforded by law; and second, its owner’s willingness and ability to comply with periodic renewal obligations. This chapter reviews the theoretical and empirical literature related to both. II.  THE LAW OF PATENT

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Jay P. Kesan

19.  Patent trolls Jay P. Kesan* 7 Contents I. Introduction II. The Definition and History of Non-practicing Entities III. Distinguishing Between the Types of Non-practicing Entities A. Universities B. Individual Inventors C. Large Patent Aggregators D. Failed Operating/Start-up Company E. Patent Holding Company F. Operating Company G. Technology Development Company H. Other Unconventional Non-practicing Entities IV. Examining the Benefits and Disadvantages of Non-practicing Entities A. Benefits of Non-practicing Entities B. Disadvantages of Non

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John R. Thomas

14  Pharmaceutical patents John R. Thomas 1. INTRODUCTION Nowhere is the social impact of intellectual property more keenly felt than in the discipline of pharmaceutical patents. When we confront both glaring inequities in the global health care system and the list of loathsome diseases for which no treatment is available at any price, the patent system appropriately stands at the center of the discussion—for the pharmaceutical industry may be the sole market segment where traditional accounts of the patent system hold true. Pharmaceutical patents almost

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George Norman and Darlene C. Chisholm

An exclusive set of rights granted by a government agency – typically a Patent Office – to a patentee for a defined and finite period of time in return for the patentee disclosing the invention as part of the patent ­application process. Patent laws vary but typically involve that the product, service or process being patented be novel, useful and non-obvious.

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Anthony J. Culyer

A patent for an invention is a territorial intellectual property right granted by an official agency of the government to the inventor, giving the inventor the right for a limited period to stop others from making, using or selling the invention without the permission of the inventor. It is a temporary monopoly . When a patent is granted, the invention becomes the property of the inventor, which – like any other form of property or business asset – can be bought, sold, rented or hired. Patent laws exist in order to reward, and hence encourage, innovation and

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Guo He

2. Patents Guo He1 2.1. THE DEVELOPMENT OF CHINESE PATENT LAW In the late 1970s, China started to plan for the establishment of a patent system. In 1980, the State Council approved the founding of the China Patent Office and began drafting a new patent law. At the same time, China was undergoing changes in its approach to the economy and an intense debate ensued on whether China should promote ‘capitalism’ through the patent system or pursue ‘socialism’ and whether or not capitalism or socialism could harm or benefit the Chinese economy. The debate shifted back

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Peter Groves

Short ‘a’ (as in Stackridge), or long ‘a’ (as in Ayers): either appears to be acceptable in British English, according to the Oxford English Dictionary – it was the subject of lengthy correspondence in the CIPA Journal some years ago – though in American English the OED gives only the short ‘a’ version. Noun: an exclusive right, of 20 years’ duration in most of the world, granted over an invention that is new, involves an inventive step and is capable of industrial application, unless it is excluded from protection. In the words of Abraham Lincoln, patents

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Xuan-Thao Nguyen

16  Design patent–utility patent intersection Xuan-Thao Nguyen [Design will become] the ultimate battleground for global competition in the 21st century. Lee Kun-Hee, Chairman of Samsung Group, 1996.1 Designs matter. Designs sell articles of manufacture. In recognition of the importance of designs to the economy, and seeking to rectify the blatant copying of designs, in 1887 the United States Congress passed pivotal legislation to protect designs.2 Declaring that “it is the design that sells the article, and so that makes it possible to realize any profit at