Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Fundamentals of Patent Law: Interpretation and Scope of Protection


ISBN13: 9781841136929
Published: September 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £170.00



Despatched in 4 to 6 days.

Winner of the Inner Temple Book Prize 2008: Young Authors' Prize

This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area.

The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area.

This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.

Subjects:
Intellectual Property Law
Contents:
Introduction PART I-HISTORICAL AND ECONOMIC FACTORS 1 The British Tradition BASIC CLAIM THEORY THE TRADITIONAL BRITISH APPROACH THE PITH AND MARROW 2 History of the Patent System-The Canvas Prepared INTRODUCTION THE STATUTE OF VENICE EARLY ENGLISH GRANTS A NEW POLICY OF MONOPOLY GRANT NOVELTY AND CONSIDERATION THE PROBLEM OF ODIOUS MONOPOLIES JUDGING MONOPOLY AT COMMON LAW BATTLES OF A KING THE STATUTE OF MONOPOLIES A LEGISLATIVE AFTERMATH ISSUES OF JURISDICTION CONSIDERATION REVISITED-THE BIRTH AND GROWTH OF THE SPECIFICATION THE NOVELTY OF NASMITH A PRACTICE ACCEPTED LIARDET v JOHNS CONCLUSION 3 Patents within the Market Economy (Part I)-Classical Economics and Philosophy PREFACE INTRODUCTION PATENTS WITHIN THE MARKET ECONOMY PROPERTY AND PATENTS CLASSICAL JUSTIFICATIONS OF PROPERTY IN THE INTANGIBLE- THE PATENT THE NATURAL RIGHT THEORY THE REWARD BY MONOPOLY THEORY THE INCENTIVE TO INVENT THEORY THE EXCHANGE FOR SECRETS THEORY POSTSCRIPT 4 Patents within the Market Economy (Part II)-Does the Philosophy fit the Facts? INTRODUCTION WHY PATENT? DRAFTING A PATENT: DETERMINANTS OF SCOPE THE DRAFTING OF THE SPECIFICATION LITERAL OR LIBERAL INTERPRETATION? CONCLUSION 5 Patents within the Market Economy (Part III)-Post-Classical Economic Thought & Theories of Protection SOME BASICS OF ECONOMIC ANALYSIS PATENTS AS MONOPOLIES-WHAT'S IN A WORD? THE ECONOMIC ARGUMENT FOR THE PATENT SYSTEM POST-CLASSICAL MODELS AND JUSTIFICATIONS THE PATENT-INDUCED INNOVATION THEORY A BRIEF ASIDE-THE PROBLEM OF CUMULATIVE RESEARCH THE PROSPECT THEORY THE RACE-TO-INVENT THEORY THE RENT DISSIPATION THEORY RECENT ALTERNATIVES CLOSING COMMENTS PART II-COMPARATIVE FACTORS 6 America-Promoting the Useful Arts PREFACE INTRODUCTION EARLY HISTORY GRAVER TANK THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT NARROWING THE DOCTRINE OF EQUIVALENTS WARNER-JENKINSON: THE SUPREME COURT REVISITS EQUIVALENTS MANI-FESTO FOR THE FUTURE? POSTSCRIPT: THE CAFC REVISITS FESTO CONCLUSION 7 Germany-A Tradition of Expansive Interpretation PREFACE ARTICLE 69 AND THE PROTOCOL: A BRIEF HISTORY GERMANY: THE HISTORICAL PERSPECTIVE THE THREE-PART DOCTRINE THE FOURTH PERIOD FORMSTEIN POST-FORMSTEIN SOLIDIFICATION OF APPROACH EPILADY IMPLICATIONS AND RECENT PRACTICE CONCLUSION 8 Japan-'And we shall have Patents' PREFACE BRIEF HISTORY THE 1885 ORDINANCE POST-CONVENTION-INCREMENTAL DEVELOPMENT CULTURAL FORMATTING-INSTITUTIONAL COLLECTIVISM? CONTINUED PRESSURE FOR REFORM POLICY REFORMS THE BALL SPLINE DECISION CONCLUSION 9 From Pith to Purpose-British Claim Interpretation under the Protocol PREFACE PATENTS IN TRANSITION THE CATNIC LEGACY PROBLEMS WITH APPLICATION OF THE TEST POST CATNIC CATNIC BEGETS IMPROVER IMPROVER AT FULL TRIAL: REFORMULATION OF THE TEST IMPROVER ACCEPTED REBELLION INSTIGATED ... REBELLION QUASHED IMPROVER BEGETS THE PROTOCOL QUESTIONS SYSTEMIC CHANGE KIRIN-AMGEN TO THE COURT OF APPEAL CONCLUSION 10 Kirin-Amgen and Beyond-Cast Adrift on a Sea of Uncertainty? INTRODUCTION IN THE INTERIM A PROTOCOL REMASTERED KIRIN-AMGEN IN THE LORDS COMMENT ON KIRIN POST KIRIN-AMGEN: ADRIFT ON A SEA OF UNCERTAINTY CONCLUSION 11 A Summary THE JOURNEY SO FAR OF FAIRNESS, CERTAINTY AND HARMONISATION SO WHERE NOW? TO CONCLUDE

Series: Inner Temple Book Prize 2008

Child Abuse: Law and Policy Across Boundaries ISBN 9780199571567
Published January 2010
Oxford University Press
£102.50
The Arms Trade and International Law ISBN 9781841137469
Published November 2007
Hart Publishing
£95.00
Buying Social Justice: Equality, Government Procurement, & Legal Change ISBN 9780199232437
Published September 2007
Oxford University Press
£97.00
From Positivism to Idealism: A Study of the Moral Dimensions of Legality ISBN 9780754623991
Published September 2007
Routledge
Out of print
Subrogation: Law and Practice ISBN 9780199296644
Published March 2007
Oxford University Press
£332.50
Child Abuse: Law and Policy Across Boundaries ISBN 9780198299462
Published March 2007
Oxford University Press
Out of print
The Regulation of Cyberspace: Control in the Online Environment ISBN 9780415420013
Published December 2006
Routledge-Cavendish
£51.99
The Law and Economics of Article 82 EC ISBN 9781841135021
Published May 2006
Hart Publishing
Out of print