Research Handbook on Patent Law and Theory
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Research Handbook on Patent Law and Theory

Second Edition

Edited by Toshiko Takenaka

This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
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Chapter 18: A comparative approach to the inventive step

Amy L. Landers

Abstract

International intellectual property law has begun to transition from a system that favors worldwide harmonization to one that must accommodate nations that prioritize local optimization. Each government is in the process of balancing their own national priorities, including poverty, healthcare, and efforts to grow their economy. Further, patent rights affect consumers, who must pay for the increased costs of patented products. To optimize their domestic patent systems, nations can rely on the policy levers embedded within their domestic patent systems. One primary method of doing so is the inventive step requirement. This chapter examines the various ways that governments arrive at different results using this same patentability requirement.

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