The Requirement for an Invention in Patent Law

The Requirement for an Invention in Patent Law

by Justine Pila
     
 

ISBN-10: 0199296944

ISBN-13: 9780199296941

Pub. Date: 05/13/2010

Publisher: Oxford University Press, USA


The Requirement for an Invention in Patent Law provides a critical analysis of legal conceptions of the invention in UK patent law and under the European Patent Convention. Dr Justine Pila brings to this text her extensive experience in intellectual property law.

A central theme of the book is that the requirement for an invention, properly construed,

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Overview


The Requirement for an Invention in Patent Law provides a critical analysis of legal conceptions of the invention in UK patent law and under the European Patent Convention. Dr Justine Pila brings to this text her extensive experience in intellectual property law.

A central theme of the book is that the requirement for an invention, properly construed, sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matters capable of supporting a patent, and the second is by restricting the protection conferred by a patent to individual subject matters conceived qua inventions. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public.

This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanization. It includes a detailed study of the contemporary (EPC) requirement for an invention and its construction by the European Patent Office, and an analysis of the legal and policy issues which that construction raises. It also places the UK and EPC law in its interpretive context, including its international statutory context, and offers a detailed account of international law-making in the field of patents.

The Requirement for an Invention in Patent Law is an indispensible reference text for students and academics of intellectual property law in general and contemporary patent law in particular, and will appeal to anyone interested in Europeanization, international patent law and harmonization, and the history of the UK patent system. Its elucidation of this complex area also makes it an excellent guide for practitioners.

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Product Details

ISBN-13:
9780199296941
Publisher:
Oxford University Press, USA
Publication date:
05/13/2010
Pages:
336
Product dimensions:
6.40(w) x 9.30(h) x 1.30(d)

Table of Contents

Introduction
The Requirement for an Invention and Concept of Inherent Patentability
The Term 'Invention'
The Origins of the Contemporary (EPC) Definition of 'Invention'
The Uncertainty and Controversy Surrounding the Requirement for an Invention
The Need for a Conception and Epistemology of the InventionL
Formulated in Light of the Purpose of the System, the Meaning of Europeanisation, and Insights from the History and Philosophy of Technology
Part I: The Requirement for an Invention in Historical Perspective
1. The Origins of the Patent as an Exceptional Monopoly Grant: Pre-1623
Introduction
The Royal Custom of Rewarding the Introduction of New Trades and Devices
The Justification of the Custom in Supporting the Discovery of 'Things Useful for the Public'
The Abuse of the Custom and Intervention of the Common Law
Section 6 of the Statute of Monopolies: The Common Law Invention in its Original Form
Conclusion
2. Inherent Patentability in the Pre-Modern Era of Mechanical and Chemical Manufacture: 1623 to 1882
Introduction
1623 to 1794: The Post-Specification Invention as an Idea or Discovery
1795 to 1829: The Invention in and after Boulton v Bull
1830 to 1851: The (Patentable) Invention as a Mechanically Inventive Subject Matter
1852 to 1882: The Basis of Losh v Hague in the Requirement for an 'Invention' the Patenting of which is not 'Generally Inconvenient'
Conclusion
3. Inherent Patentability in the Modern Era of New Technologies: 1883 to 1977
Introduction
1883 to 1959: The Invention as a Manner of New Manufacture, including an Alleged Invention
Post-1959: The Invention as a 'Proper Subject of Letters Patent According to the Principles L Developed for Application of s 6 of the Statute of Monopolies'
Conclusion
Part II: The Requirement for an Invention in the Era of the European Patent Convention
4. The EPC Requirement for an Invention in its Interpretive Context
Introduction
The EPC Requirement for an Invention in its International and European Statutory Context
The European Framers' Intent Regarding the Requirement for an Invention
The European Framers' Intent Regarding Chemical Product Patents
Other European Perspectives on Chemical Product Patents: A Question of Non-Discrimination
The UK Model of Inherent Patentability at the Time of its Enactment
Conclusion
5. Articles 52(2) and 52(3) EPC According to the EPO
Introduction
Different Approaches for Different Categories of Subject Matters: 1977 to 1987
Articles 52(2) and 52(3) EPC as a Requirement for Technical Character: 1988 to 1999
Inherent Patentability in an Era of Harmonisation: 1999 to Present
Conclusion
6. Inherent Patentability in UK Law Since the EPC
Introduction
Different Approaches For Different Categories of Subject Matters: 1977 to 1989
Inherent Patentability as a Fact-Specific Enquiry: Computer-Related Subject Matters after Merrill Lynch
Inherent Patentability as a Requirement for a Subject Matter Sufficiently Supported Qua Invention: Biotechnology after Genentech
Revisiting the Computer Programs Exclusion in Light of Harmonisation: 2005 to Present
Conclusion

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