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A Modern Guide to Patents: Challenges of Patenting in the 21st Century

Edited by: Nikolaus Thumm, Knut Blind

ISBN13: 9781035308590
To be Published: June 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £160.00



With contributions from well-known academics and industry experts, this highly relevant Modern Guide presents an overview of patenting in the 21st century. It analyzes a wide range of cases to illustrate the continuous change in the use, application, and regulatory environment of the patent system.

Chapters explain key features of patent management and consider how the patent system may be used in combination with alternative protection means such as trade secrets. They examine specific challenges of patenting, including those presented by artificial intelligence, patent assertion entities, and the ongoing effects of COVID-19. Expert authors provide insights into the roles of standard essential patents and patent enforcement, highlighting key debates and revealing how patents can help address critical societal issues. Ultimately, the Modern Guide emphasizes the benefits of having a structured system to recognize and protect inventions, underscoring the need for ongoing regulatory reform to tackle the challenges of the 21st century.

A Modern Guide to Patents is an essential read for academics and students in intellectual property, economics of innovation, knowledge management, organizational innovation, and innovation policy. Its coverage of recent trends and cutting-edge perspectives also makes this an invaluable resource for patent practitioners, policy makers, economists, and lawyers.

Subjects:
Intellectual Property Law
Contents:
Introduction to A Modern Guide to Patents 1'
Nikolaus Thumm and Knut Blind

PART I PATENT MANAGEMENT'
1. Patent management in the 21st century 20
Ruud Peters and Severin de Wit'
2. Patent management in a digital and AI world 49'
Beat Weibel

PART II SPECIFIC CHALLENGES: ARTIFICIAL INTELLIGENCE, PATENT ASSERTION ENTITIES AND TRADE SECRETS'
3. The soul of inventorship in the patent system 67'
Garry A. Gabison'
4. Patent assertion entities in technology markets: Practices, recent trends, and policy concerns 92'
Cesare Righi and Valerio Sterzi'
5. Trade secrets as a complementary tool to patenting in the data economy of the 21st century 118'
Alfred Radauer, Martin A. Bader, Tanya Aplin, Ute Konopka, Nicola Searle, Reinhard Altenburger and Christine Bachner

PART III PATENT MANAGEMENT IN TIMES OF PANDEMICS'
6. Overview of filing routes and patent families of COVID-19-related inventions 142'
Catalina Martínez, Christopher Harrison and Aled Matthews'
7. Patent pledges as portfolio management tools: benefits, obligations, and enforcement 166'
Jorge L. Contreras

PART IV STANDARD ESSENTIAL PATENTS'
8. Internet of Things and licensing: SEPs and FRAND determination 198'
Claudia Tapia'
9. SEP portfolio management 234'
Tim Pohlmann

PART V AUTOMOTIVE INDUSTRY'
10. From Benz to byte – the permanent change in the automotive industry and its future impact on patenting, standardization and regulation 266'
Uwe Wiesner

PART VI PATENT ENFORCEMENT'
11. Intellectual property infringement: a persistent threat to the world economy 299'
Piotr Stryszowski'
12. Creation and sharing of innovations: the role of opening mechanisms provided by patent law 321'
Heinz Goddar, Melanie Müller and Jonathan Porath