Relevant bibliographies by topics / Non-textual infringement of patents

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Academic literature on the topic 'Non-textual infringement of patents'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Non-textual infringement of patents"

Iqbal, Zarina, and Saima Sadaf. "Sitagliptin (Januvia) patent litigation: Another link in the judicial train of ‘Proactive Infringement’ of patented rights in developing countries." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 16, no. 2 (2020): 64–71. http://dx.doi.org/10.1177/1741134320912776.

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Driven by increasing instances of successful ‘at-risk’ launch of patented drugs in America and Europe, the strategy of using ‘proactive infringement’ as a legal tool is now getting-in, in developing countries. The rationale behind launch-at-risk is to counterbalance the innovator companies’ strategies of getting the patented product life extended through protecting improvement innovations and maintain market exclusivity even after the expiration of the compound patent. The battle for market and drive for higher profits between generics and innovator drug companies has extended the application

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Phan, Cong-Phuoc, Hong-Quang Nguyen, and Tan-Tai Nguyen. "Ontology-based heuristic patent search." International Journal of Web Information Systems 15, no. 3 (2019): 258–84. http://dx.doi.org/10.1108/ijwis-06-2018-0053.

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Purpose Large collections of patent documents disclosing novel, non-obvious technologies are publicly available and beneficial to academia and industries. To maximally exploit its potential, searching these patent documents has increasingly become an important topic. Although much research has processed a large size of collections, a few studies have attempted to integrate both patent classifications and specifications for analyzing user queries. Consequently, the queries are often insufficiently analyzed for improving the accuracy of search results. This paper aims to address such limitation

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최영란. "Patent Infringement: Beware of the Giant Monsanto’s Operating, Non-exhausted GMO Patent." 과학기술법연구 19, no. 3 (2013): 169–92. http://dx.doi.org/10.32430/ilst.2013.19.3.169.

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Sitdikov, Ruslan Borisovich, Ravil Mansurovich Sadykov, and Valery Golubtsov Gennadievich. "Methods and Procedural Forms of Protection of Personal Non-Property Patent Rights in Russia." Cuestiones Políticas 38, Especial (2020): 473–85. http://dx.doi.org/10.46398/cuestpol.38e.32.

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The article discusses the legal regulation of the application of civil law methods of non-patrimonial personal rights in the protection of patent rights. Methodologically, the scientific method and the technique of documentary research close to legal hermeneutics were made. By way of conclusion, everything indicates that there is no mandatory administrative procedure for resolving authorship disputes in the patent dispute chamber in Russia. In addition, it was revealed that the provisions of Part 4 of the Civil Code of the Russian Federation with respect to the Protection of Non-Property Perso

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Shin, Sang Hoon. "A Study on Revised Bill of Patent Indirect Infringement Provisions - Regarding determination criteria on contributory infringement by a non-staple product -." Journal of Intellectual Property 14, no. 3 (2019): 43–70. http://dx.doi.org/10.34122/jip.2019.09.14.3.43.

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Wu, Hengqin, Geoffrey Shen, Xue Lin, Minglei Li, Boyu Zhang, and Clyde Zhengdao Li. "Screening patents of ICT in construction using deep learning and NLP techniques." Engineering, Construction and Architectural Management 27, no. 8 (2020): 1891–912. http://dx.doi.org/10.1108/ecam-09-2019-0480.

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PurposeThis study proposes an approach to solve the fundamental problem in using query-based methods (i.e. searching engines and patent retrieval tools) to screen patents of information and communication technology in construction (ICTC). The fundamental problem is that ICTC incorporates various techniques and thus cannot be simply represented by man-made queries. To investigate this concern, this study develops a binary classifier by utilizing deep learning and NLP techniques to automatically identify whether a patent is relevant to ICTC, thus accurately screening a corpus of ICTC patents.Des

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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.

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Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil sui

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Laszczyk, Anna. "Anticompetitive Patent Settlements – Where Are We Ten Years After the European Commission’s Pharmaceutical Inquiry?" Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 129–59. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.5.

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In 2009, the European Commission published a final report on its market inquiry into the pharmaceutical sector. The report revealed the authority’s concerns regarding market practices of pharmaceutical originator companies aimed at delaying the market entry of cheaper generic pharmaceutical products. One of the delaying practices identified by the European Commission were patent settlements between an originator and a generic company including: (i) a value transfer from the originator to a generic company, and (ii) an obligation of a generic company not to enter the market. These patent settle

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Rout, Susanta Kumar. "A brief review on intellectual property rights with special attention on patent." Journal of Applied and Advanced Research 3, no. 3 (2018): 73. http://dx.doi.org/10.21839/jaar.2018.v3i3.147.

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Intellectual property (IP) is about promoting progress and innovation. Patents, Copyrights, Geographical Indication, Trademarks, Industrial design and Trade secrets are the most common forms of IPRs. Intellectual property rights (IPR) refer to the legal protection accorded to certain inventions or creations of the mind. Intellectual property has increasingly assumed a vital role with the rapid pace of technological, scientific and medical innovation now a day. Intellectual Property Rights (IPRs) are viewed as being of increasing importance in many fields of business. Patents represent a resour

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Belyanskaya, Olga V. "Linguistic controversy in the sphere of law making and enforcement." Neophilology, no. 20 (2019): 476–82. http://dx.doi.org/10.20310/2587-6953-2019-5-20-476-482.

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We analyze the linguistics and legal nature of the legal discourse of various types of legal activity: law-making, law-realization, as a result of which we reveal new formal and linguistic features of legal texts. On the example of article 358 of the Criminal Code of the Russian Federation on ecocide we reveal a number of shortcomings: the choice of the wrong member of the synonymous series and the non-specific content of the sanction. Revealed certain linguistic shortcomings can become an obstacle to the successful use of this legal norm in the process of its implementation. The weak developm

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Dissertations / Theses on the topic "Non-textual infringement of patents"

Park, Jae-il. "Non-practising entities (NPEs) and patent remedies for future infringement." Thesis, University of Nottingham, 2013. http://eprints.nottingham.ac.uk/13146/.

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This research establishes a new patent remedy (injunction) system against future infringements in such a way as to discourage trolling behaviours of non-practising entities (NPEs) without chilling inventors’ incentives to innovate. For this research target, this thesis reviewed the general characteristics of NPEs in the current and past patent system, the current patent remedy laws in different countries (the US, UK and Germany), the patent holdups caused by NPEs’ patent enforcement against manufacturers, and various solutions which have been proposed so far. In doing so, it addresses importan

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DiStefano, Ryan P. "Do Patent Trolls Exist? Examining the Economic Impact of Non-Practicing Entities and Patent Infringement Litigation on Innovation." Thesis, Boston College, 2012. http://hdl.handle.net/2345/2630.

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Thesis advisor: Julie Mortimer Non-practicing entities (NPEs) – firms that do not produce goods or services but license to and sue other companies with portfolios of patents – have drastically increased patent infringement litigation since 2006. Over the same period, the USPTO has granted an increasing amount of patents, indicating that American innovation has strengthened by one measure. This paper finds fault with equating patents granted to innovation and develops a new metric of innovation – the ratio of a firm’s intangible to total assets. Through empirical analysis this study conclude

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Zondo, Raymond Mnyamezeli Mlungisi. "The replacement of the doctrine of pith and marrow by the catnic test in English Patent Law : a historical evaluation." Diss., 2012. http://hdl.handle.net/10500/5697.

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This dissertation is a historical evaluation of the movement of the English courts from the doctrine of pith and marrow to the Catnic test in the determination of non-textual infringement of patents. It considers how and why the doctrine was replaced with the Catnic test. It concludes that this movement occurred as a result of the adoption by a group of judges of literalism in the construction of patents while another group dissented and maintained the correct application of the doctrine. Although the Court of Appeal and the House of Lords initially approved the literalist approach, they, afte

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HSIAO, YU-CHENG, and 蕭煜城. "Invention, utility model patent infringement analysis: centered on the textual meaning violation and doctrine of equivalents." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/vckvg8.

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碩士 國立臺北科技大學 智慧財產權研究所 107 Patent is a kind of exclusive right. In particular, the invention and the utility model patent are subject to long-term funds and efforts by the patentee, and the exclusive right to enforce the patent without the consent of others in the market; when the invention and the utility model patent right are infringed, how to determine whether to infringe and analyze the characteristics of its patent technology is the focus of litigation. The main method of judging whether the accused infringing object falls within the scope of the patentee's patent right is curr

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Books on the topic "Non-textual infringement of patents"

Preece, Guy Joseph. The infringement of copyright in computer software by non-textual copying: An examination of, and comparison between, the law of England and the United States of America. University of Wolverhampton, 1994.

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Strandburg, Katherine J. Users, Patents, and Innovation Policy. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.31.

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Users are important innovators in many fields. Often, they do not need socially costly patent incentives to invent, disclose, and disseminate their inventions. A patent-free user innovation (UI) paradigm is likely to be successful and socially desirable when an invention’s value to users has a substantial non-competitive component. If a user innovator values an invention primarily for providing a competitive edge, the patent-free UI paradigm is not viable. Most such inventions have little social value. Some, however, such as improved manufacturing processes, produce significant collateral valu

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Shemtov, Noam. Beyond the Code. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198716792.001.0001.

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Although the law of infringement is relatively straightforward on the copying of literal and textual elements of software, the copying of non-literal and functional elements poses complex and topical questions in the context of intellectual property protection. In most cases, such elements contain the real value of a software product. This book examines the copying of non-literal and functional elements of software in both the United States and the European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products

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Patent basics for the non-specialist. Practising Law Institute, 2005.

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United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Manufacturing, and Trade. A tangle of barriers: How India's industrial policy is hurting U.S. companies : hearing before the Subcommittee on Commerce, Manufacturing, and Trade of he Committee on Energy and Commerce, House of Representatives, One Hundred Thirteenth Congress, first session, June 27, 2013. 2015.

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Book chapters on the topic "Non-textual infringement of patents"

Aplin, Tanya, and Jennifer Davis. "13. Patents III." In Intellectual Property Law:. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198743545.003.0013.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses patent infringement, exceptions to infringement, and entitlement. Assessment of whether a patent has been infringed involves a three-stage process. First, the patent claims must be construed to see whether the defendant’s activities fall within the scope of the monopoly. Second, identify the infringing acts that the defendant is alleged to have carried out. Third, consider the applicability of exceptions to infringement. The chapter then focuses on three key exceptions to infringement within the Patents Act 1977: acts done for experimental purposes (‘experimental use’); acts done for private and non-commercial purposes (‘private use’); and the right to continue use begun before the priority date (‘prior use’). Finally, it considers persons entitled to the grant of a patent.

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Segal, David. "Facts, Alternative Facts and Patent Literature." In One Hundred Patents That Shaped the Modern World. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198834311.003.0001.

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The mathematician Kurt Gödel showed in his Incompleteness Theorem in the early 1930s that there are some statements in mathematics that are true but cannot be proven. Whether statements are true is important in the twenty-first century, an age of ‘fake news’ and alternative facts. Patent documents are true and accurate as they are examined and can be challenged for accuracy. This chapter outlines the patenting procedure. It also highlights the role of patents as a source of information alongside other sources. Accurate and true information is important for people with interests in engineering, physical sciences and life sciences. Patent infringement and patent trolls (non-practicing entities) are described. The following technical areas are grouped together to describe how they developed over time and how they may develop in the twenty-first century: communications, computing including quantum computing, life sciences including gene editing (CRISPR), transport and unexpected consequences of technological change.

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Bently, L., B. Sherman, D. Gangjee, and P. Johnson. "10. Moral rights." In Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0010.

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This chapter focuses on moral rights conferred by the Copyright, Designs and Patents Act 1988 on the authors of certain works to protect their non-pecuniary or non-economic interests. It begins by looking at a number of criticisms made about moral rights, followed by a discussion on examples of moral rights, namely: right of attribution or right of paternity, right to object to false attribution, and right of integrity. The issue of copyright infringement in relation to these rights is also considered.

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Bently, L., B. Sherman, D. Gangjee, and P. Johnson. "9. Defences." In Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0009.

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This chapter deals with the exceptions that a person may invoke in defence when sued for copyright infringement. Most of these exceptions are referred to as ‘permitted acts’ in Chapter III of Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The chapter begins by introducing six concepts that feature in many of the exceptions set out in the CDPA 1988: fair dealing, non-commercial use and not-for-profit users, lawful use, sufficient acknowledgment, relationship with contract, and dealings with copies made under exceptions. It then cites exceptions relating to personal copying for private use; non-commercial research or private study; text and data analysis; criticism or review; disclosure in the public interest; uses of works for people with disabilities; public administration; databases, computer programs, and electronic programs; and artistic works and broadcasts. A section on miscellaneous defences concludes the chapter.

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von Falck, Andreas, and Stephan Dorn. "Rule 61: Declaration of non-infringement." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0253.

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A possible defendant can defend himself before a claimant has commenced an infringement action by an action for a declaration of non-infringement. With that action, the claimant in the action for a declaration of non-infringement is denying the existence of a claim against him based on an infringement of the patent. Where he has a justifiable reason for doing so, he may also request a declaration that the patent proprietor or a licensee cannot raise an infringement claim against another person (ie against customers). In order to include this variant, para 1 has to be applied extensively.

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von Falck, Andreas, and Stephan Dorn. "Rule 62: Exchange of written pleadings (action for declaration of non-infringement)." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0254.

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For the procedure of the action for declaration of non-infringement, Rule 61 repeats the parallel order of the written proceedings in infringement actions pursuant to Rule 12. Also, in the written proceedings of the action for declaration of non-infringement there are, in principle, two exchanges of written pleadings, ie the Statement for a declaration of non-infringement of the claimant, the Defence to that Statement, the Reply to the Defence to the Statement and the Rejoinder to the Reply. The exchange of a Reply to the Defence to the Statement for a declaration of non-infringement and of a Rejoinder to the Reply is indicated as being optional. The choice is for the claimant: he can answer a Defence to the Statement for a declaration of non-infringement with another writ (Reply to the Defence to the Statement for a declaration of non-infringement); however, he is not obliged to do so. If he submits a Reply, the defendant can answer with a Rejoinder to the Reply.

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von Falck, Andreas, and Stephan Dorn. "Rule 76: Actions for declaration of non-infringement within Article 33(6) of the Agreement." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0269.

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The period of three months provided for in Art 36(6) is reasonable. The intention is that the patent proprietor should not be deprived of his free choice of forum for the infringement action pursuant to Art 33(1) by the pending action for declaration of non-infringement. However, that choice cannot be preserved for an unlimited time because it would block the claimant in the action for a declaration of non-infringement for an unlimited time. Therefore, the obligation to stay proceedings is limited to a three-month period. The practical reason for this exact time limit is that the Reply to the Statement of claim in the proceedings for the action for declaration of non-infringement must be handed to the Court within two months of service of the Statement of claim. Therefore, after three months a first exchange of written submissions has already been completed. The procedure for the action for declaration of non-infringement would now have reached an advanced stage which would not admit a regular stay of proceedings.

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von Falck, Andreas, and Stephan Dorn. "Rule 63: Contents of the Statement for a declaration of non-infringement." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0255.

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The mere fact that an action for a declaration of non-infringement has been brought before the central division despite the fact that an infringement action is already pending at a local or regional division does not have the consequence that the action is inadmissible if the infringement action has not already been served on the defendant. In that case, the Registrar must inform the local or regional division pursuant to Rule 261.2.

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von Falck, Andreas, and Stephan Dorn. "Rule 67: Lodging of the Defence to the Statement for a declaration of non-infringement." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0259.

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The time limit for the Defence to the Statement for a declaration of non-infringement (two months) differs from the time limit for the Defence to the Statement of claim in the infringement proceedings (three months). It is appropriate for this time limit to be shorter. Where the defendant in an action for a declaration of non-infringement has claimed that the act is an infringement, he is clearly already well informed of the facts of the case and there is no element of surprise in the situation. In addition, the claimant in this instance presents the defendant with an indication of the facts relied on (Rule 63(f)) and there is no necessity for the time-consuming research on the state of the art which is normally conducted by the defendant in an infringement action (Rule 25.1).

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von Falck, Andreas, and Stephan Dorn. "Rule 68: Contents of the Defence to the Statement for a declaration of non-infringement." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0260.

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Possible orders that can be applied for in the interim procedure are, in principle, all orders of the Court provided for in the UPCA and the Rules of Procedure. For a Statement of non-infringement, however, only a few orders may be relevant. Normally, the defendant in an action for a declaration of non-infringement does not lack any means of proof; therefore, all the rules on proof (Rule 190), on information (Rule 191), on preserving evidence (Rule 192), or on inspection (Rule 199) may be applicable in only a few cases. The reason for this is that the defendant has no direct advantage in the rejection of the claim (except for the cost decision in his favour). The defendant cannot enforce that decision, even if the Court decides positively on the infringement question. Claims arising out of an infringement are not the subject matter of the action. If the defendant wants to bring an infringement claim, he must do so in an infringement action (→ Art 33(6) UPCA).

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