Relevant bibliographies by topics / Patent law reform

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Patent law reform'

Author: Grafiati
Published: 19 February 2023

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Journal articles on the topic "Patent law reform"

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Li, Chiang Ling. "Recent Chinese Patent Reform." Journal of World Intellectual Property 4, no. 6 (November 1, 2005): 919–45. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00143.x.

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Potts, H. E. "Patent Law Reform with Special Reference to Chemical Patents." Journal of the Society of Dyers and Colourists 57, no. 11 (October 22, 2008): 329–31. http://dx.doi.org/10.1111/j.1478-4408.1941.tb02124.x.

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Marks, Paul. "Inventors cry foul over patent law reform." New Scientist 196, no. 2631 (November 2007): 28–29. http://dx.doi.org/10.1016/s0262-4079(07)62975-3.

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Martinez, Feli. "Towards a Patent Reform in Europe." Journal of World Intellectual Property 4, no. 5 (November 1, 2005): 767–86. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00136.x.

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Kashyntseva, Oksana. "Ethics and Patent Law in Health Care: Ukrainian Reform." Medicne pravo 2015, no. 2 (October 25, 2015): 31–40. http://dx.doi.org/10.25040/medicallaw2015.02.031.

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Tabaro, Edgar. "Patent Law Reform in Uganda: Addressing Priorities and Strategies." Journal of World Intellectual Property 12, no. 6 (November 2009): 571–99. http://dx.doi.org/10.1111/j.1747-1796.2009.00377.x.

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Tarasenko, Leonid. "PATENT LEGISLATION REFORM (2020): MAIN INNOVATIONS OF INVENTIONS (UTILITY MODELS)." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 67–76. http://dx.doi.org/10.30970/vla.2021.73.067.

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The article considers the main innovations of current legislation concerning inventions and utility models. The conditions for granting legal protection of an invention (utility model), the procedure for filing and considering an application for an invention and a utility model, the application of «pre grant opposition» and «post grant opposition» procedures, and ways to protect patent rights are studied and analyzed. The author proves the importance of creating a national patent office (NIPO) in Ukraine. The article substantiates the need to adopt a separate law on NIPO instead of duplicating the rules on the legal status of NIPO, its structure, competence, etc. in several legislative acts. The author determines that the law eliminated the inaccuracy in the definition of a patent that certifies intellectual property rights to an invention and utility model, rather than ownership of them. This is fully consistent with the application of the theory of exclusive rights in the legislation of Ukraine on intellectual property. The article states that the law provides for only two types of patents (excluding secret and official inventions, utility models): a patent for an invention granted for 20 years based on the results of a qualifying examination, and a patent for a utility model granted for 10 years based on the results of a formal examination. The author notes that this patent by its legal nature remains declaratory, and it is granted under the responsibility of the applicant. The researcher proves the importance of legislative innovations, which eliminated the possibility of granting so-called «evergreen patents» (by improving the content of the inventive step as a condition of patentability). The article substantiates the need for a legislative solution to the issue of ownership of property patent rights to an official invention (utility model). The author notes that the reform of patent legislation (2020) bypassed the improvement of legal regulation on the use of inventions (utility models) taking into account digitalization (in particular, the legal regime «computer implemented inventions» is not defined). The researcher proves that the publication of information about the application for the invention is important, because from that moment the application becomes public, and an indefinite number of people have the opportunity to read its contents, and may see the technical essence of the invention. The author justifies the need to transfer the authority to decide on the issuance of compulsory licenses to the National Intellectual Property Office (or a specialized court after its creation). The article finds that instead of invalidating a patent for an invention (utility model), it was introduced that the rights to an invention (utility model) might be recognized as invalid, which is not currently accepted by case law. The article proves that an important innovation of the patent law reform (2020) is the introduction of a procedure for declaring inventions (utility model) invalid out of court («post-grant opposition») in order to curb the practice of patenting by unscrupulous applicants of well-known technical solutions.
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Okada, Yoshimi, and Sadao Nagaoka. "Effects of early patent publication on knowledge dissemination: Evidence from U.S. patent law reform." Information Economics and Policy 51 (June 2020): 100852. http://dx.doi.org/10.1016/j.infoecopol.2020.100852.

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Liu, You-hua, Min Xu, and Bin-wu Qin. "Multi-party patent infringement litigation in China." Queen Mary Journal of Intellectual Property 9, no. 2 (May 2019): 178–95. http://dx.doi.org/10.4337/qmjip.2019.02.03.

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Recently, parties have begun to implement patents separately to avoid legal liability in China. Multi-party infringing behaviours are more complicated to legally characterize than single-party patent infringement. Before the recently proposed legislative reform, the Patent Law of China did not clearly define indirect infringement. Chinese courts usually apply the joint torts rules to deal with those cases. However, by mixing the rule of joint injurious act with the rule of indirect patent infringement, the courts tend to confuse the two. Moreover, the newly drafted Revision of Patent Law, though it proposes adopting the indirect infringement concept, still borrows the joint torts rules to allocate liabilities. In these circumstances, it is necessary to clarify the relationship between joint torts and indirect infringement, and thus to clarify the rules for multi-party patent infringement.
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Dent, Chris, and Yvonne Haigh. "Oligopolist Speech and the Public Interest in Pharmaceutical Patent Law Reform." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 33, no. 01 (April 2018): 1–20. http://dx.doi.org/10.1017/cls.2018.1.

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AbstractUnderstandings of the public interest underpin many law reform processes. The public interest is not a fully definable term and so reform bodies have to engage with a range of articulations of that interest. The negotiation of the different articulations, however, has not been explored empirically before. This article reports on a study of the claims to the public interest in a public Australian inquiry into potential abuses of the patent system by pharmaceutical companies. More specifically, submissions to the Pharmaceutical Patents Review are analysed and the results show “oligopolistic” tensions between competing views of the public interest—and with these views claiming primacy over more technical understandings of the issues. This lack of a single “public interest” allows dominant players to frame the debate to reflect their interests; and the tension between these players means that the debate, and the underlying problem, has not been subject to a resolution.
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Dissertations / Theses on the topic "Patent law reform"

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Lakpini, Clarence Sokolambe. "An examination of South Africa’s efforts at patent system reform: trips flexibilities fully appropriated for public health needs?" Master's thesis, Faculty of Law, 2020. https://hdl.handle.net/11427/31712.

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The question that underlies this research is whether and to what extent does South Africa’s moves to amend its Patent Act, as outlined in the country’s new Intellectual Property (IP) Policy take advantage of the flexibilities made available through the Agreement on Trade- Related Aspects of Intellectual Property (TRIPS)? Patents law and access to medicines are two areas which are not new to South African IP law. Since the late 1990s when the Human Immunodeficiency Virus (HIV) was at its peak, there has been a tensed relationship between IP, through patents, and access to medicines. While proponents for pharmaceutical patents have argued that patents are a necessary stimulant for innovation and development of new medicines, those against pharmaceutical patents have vigorously laid blame on the patent system for birthing monopolies which have led to unaffordable prices for many life-saving drugs. This dissertation examines the patent framework of South Africa and juxtaposes it with the TRIPS Agreement to determine if there is a gap with the regards to the flexibilities available under each, and if so, how much of a gap exists between them. Also, the recommendations made in the IP Policy which was released by the Department of Trade and Industry (DTI) in 2018, are evaluated to ascertain how aligned to the TRIPS flexibilities they will be if they are turned into law by the lawmaker. The Indian patent system is also looked at to see how it went about patent reform and what South Africa can learn from it. Finally, conclusions are drawn and recommendations made, regarding model language which reflects the recommendations in the Policy that the lawmaker may refer to in the amendment process. Patent reform is a difficult task, and with lives hanging in the balance, a crucial one. The process in South Africa has lingered for many years without resolution. This dissertation highlights the need for urgency in the process with the hope that these changes catalyse into a more equitable patent system where the IP scale provides a more balanced eco-system in which both pharmaceutical patent owners and the general public who rely on their medicines can thrive. Although, a daunting task, a bold and proactive approach must be taken to ensure that the balance is reached timeously and efficiently.
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Bollom, Michael W. "Capturing ideas : institutions, interests, and intellectual property rights reform in India /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/10740.

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Jacobs, Cislé Stella. "Patents of traditional medicine inventions and their relationship with traditional knowledge associated with genetic resources in Namibia: proposals for legal reform." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25000.

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The study recognises the significant biotechnical role of the pharmaceutical industry in developing and processing traditional medicine into safe and efficacious drugs and vaccines and how patent law assist this achieving this end. The study argues that patenting of traditional medicine inventions is possible without encroaching on the protection accorded to TK associated with GRs. It further argues that through the implementation of a disclosure requirement for all patent applications of inventions which are based on or derived from TK associated with GRs, misappropriation of TK and GRs can be prevented in Namibia. To this end, the study identifies key concepts and legal instruments both internationally and regionally i.e. the Convention on Biological Diversity, 1993, the TRIPS Agreement, 1994 and the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, 2010; which provides for TK, GRs and patent laws. The study further analysed how Namibia translated international obligations to its legal framework. A comparative analysis is produced between Namibia and South Africa to determine which system is most suitable for Namibia.
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Brito, Emanuele Seicenti de. "O Direito Humano à Saúde Mental: compreensão dos profissionais da área." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/22/22131/tde-28112011-160938/.

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O movimento de reforma psiquiátrica consolidou-se no Brasil com a Lei 10.216 de 2001, formalizando assim, um novo modelo em rede de assistência à saúde mental. Nesse contexto, esta pesquisa descritiva com abordagem de dados qualitativa apresentou como objetivo identificar como os profissionais de saúde que trabalham em um hospital psiquiátrico do município de São José do Rio Preto compreendem os direitos humanos elencados na Lei 10.216/2001, que dispõe sobre a proteção e os direitos das pessoas portadoras de transtornos mentais e redireciona o modelo assistencial em saúde mental. Utilizou-se para a coleta de dados de entrevista semiestruturada e observação participante e a análise dos dados foi realizada a partir da análise de conteúdo. Foram entrevistados 33 profissionais de saúde que participam do processo de hospitalização e cuidados ao paciente, enfermeiros, auxiliares e técnicos de enfermagem, médicos, assistentes sociais, psicólogos e terapeuta ocupacional. Os resultados demonstram que: os profissionais acreditam que as pessoas tenham fácil acesso ao serviço, embora exista um fluxo de atendimento a ser seguido e os pacientes tenham que passar primeiro pela emergência onde será verificada a disponibilidade de vagas, que é sempre escassa, devido ao fato do hospital ser o serviço mais utilizado na região para atendimento aos portadores de transtornos mentais; embora os profissionais saibam da importância da participação da família no tratamento do portador de transtorno mental, as estratégias utilizadas para assegurar essa participação não são suficientes e ainda ocorrem muitos casos de abandono de pacientes no hospital por parte da família; a participação da comunidade no tratamento não é possível no local do estudo por se tratar de uma instituição fechada, o que limita a interação do paciente com a comunidade em que vive, sendo possível apenas quando saem de licença de final de semana. Assim, a participação da comunidade se limita a doações e trabalhos voluntários; o preconceito em relação à pessoa e ao transtorno mental ainda é muito evidente principalmente por parte da comunidade. Contudo, o preconceito não foi verificado apenas na comunidade, uma vez que os próprios sujeitos do estudo também demonstraram certo preconceito em suas falas; o acesso às informações pelos portadores de transtornos mentais sobre seu transtorno e tratamento é limitado. As informações foram consideradas insuficientes pela maioria dos sujeitos devido à falta de tempo para uma atenção individualizada e a dificuldade de compreensão dos portadores de transtornos mentais; há restrições no acesso aos meios de comunicação disponíveis, que ocorrem em relação ao uso do telefone, e se justificam pelo fato dos portadores de transtornos mentais na maioria das vezes apresentarem quadro psicótico, não sendo possível discernir quanto à utilização equilibrada desse meio. Os participantes demonstraram desconhecer os tipos de internação, o papel do Ministério Público Estadual na internação involuntária e os direitos dos portadores de transtorno mentais. Conclui-se assim que não basta a existência de legislação que garanta o respeito aos portadores de transtornos mentais. O conhecimento da legislação de saúde mental pelos profissionais de saúde mental é de extrema importância para a implementação efetiva da lei, sendo necessário, portanto, promover ações de conscientização direcionadas aos profissionais de saúde sobre os direitos dos portadores de transtornos mentais, bem como sobre as mudanças no modelo de atenção trazidas pela Lei 10.216/01.
The psychiatric reform movement was consolidated in Brazil with the Law 10.216 from 2001, formalizing the new model of the mental health care network. In this context, this descriptive research with a qualitative approach presented the aim to identify how health professionals who work at a psychiatric hospital at the city of São José do Rio Preto understand the human rights established by the Law 10.216/2001 on the protection of persons with mental disorders and about the changes in the care model established in the country. In order to collect data, the author used semistructured interviews and participant observation. Data were analyzed through content analysis. 33 health professionals who participate in the hospitalization process and care to patients were interviewed. Among them, there were nurses, nursing auxiliaries and technicians, medical doctors, social workers, psychologists and occupational therapists. Results showed that: health professionals believe people have easy access to the service, although there is an order to be followed and patients must enter the system through the emergency service where they will find the availability of places, which is scarce as this is the only hospital in the region; in spite of knowing the importance of family in the treatment of the patient with mental disorders, the strategies used to assure their participation are not enough and they face several cases of patients\' abandonment by their families, with respect to the community participation in the treatment, it is not strong at the hospital studied because it is a closed institution, which limitates the interaction between the patient and the community. Patients have some external contact when they have a temporary leave from hospital at the weekends. Thus, community participation is limited to donations and volunteer work; in addition, the stigma regarding the patient with mental disorders is still in the community. However, the author also found the stigma present among the health professionals. The access to information regarding the disorder and treatment is also limited by the patients with mental disorders. The information were considered insufficient by the majority of the subjects due to the lack of time for an individualized care and the difficulty of patients to understand. There are restrictions in the use of communication means, especially regarding the telephone. Participants justified the restriction to the fact that the patients are not able to use it in a balanced way. The subjects demonstrated a lack of knowledge about the hospitalization types as well as the role of prosecution on involuntary hospitalization and the rights of the patients. Author concludes that it is not enough to have a Law to assure the respect to the rights of persons with tmental disorders. The knowledge by health professionals of the legislation on mental health is extremely important for the implementation of the Law and in order to achieve this state it is important to promote actions directed to health professionals regarding the rights of the patients as well as their links with the changes occurred in the model of care after the Law 10.216/01.
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(9778409), Mohammad Azam. "TRIPS compliant patent law and pharmaceutical patent protection: Options for patent law reform in Bangladesh." Thesis, 2012. https://figshare.com/articles/thesis/TRIPS_compliant_patent_law_and_pharmaceutical_patent_protection_Options_for_patent_law_reform_in_Bangladesh/13462718.

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"Before the creation of the World Trade Organization (WTO) in 1995, individual countries were free to determine their own patent laws. This position has now changed. A WTO Agreement, the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement), which is binding on all members, aims at establishing strong minimum standards for intellectual property rights (IPRs). Such minimum standards include the implementation of patent protection for pharmaceuticals. Bangladesh is a member of the WTO and as a least-developed country (LDC) has been granted until 1 January 2016 to facilitate the introduction of pharmaceutical patents under the TRIPS Agreement into its national intellectual property legislative regime. This thesis analyses options for implementing TRIPS-compliant patent law in Bangladesh with a focus on pharmaceutical patents. Brazil and India were in a similar position prior to becoming TRIPS compliant, so those countries’ experiences become an important basis for the analysis of the transition to TRIPS-compliance in pre-compliant countries. This thesis combines doctrinal analysis, comparative reviews and a mixed-method research approach to answer the research questions as identified for the study. The thesis examines two underlying research questions: 1. Using the experience of India and Brazil, what are the different options available to Bangladesh to change existing patent law to comply with TRIPS in the area of pharmaceutical patents? 2. Using the options identified, what changes to the Bangladeshi patent law will need to be made to balance both pharmaceutical innovation and access to medicines in Bangladesh? To answer research question one, the thesis used doctrinal analysis and comparative reviews and then to answer research question two it used an original survey instrument and interviews to examine the views of identified stakeholders such as commercial entities in the pharmaceutical industry, relevant regulatory bodies in Bangladesh, public-health groups and academics..."--Abstract.
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Hsu, Li Yin, and 許立穎. "A Study on Patent Assertion Entity Issues and U.S. Patent Law Reform ─ Focus on Patent Litigations of Taiwan’s IT Industry." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/vsyfu3.

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碩士
國立清華大學
科技法律研究所
103
The successful business model of patent assertion entities (PAEs) has brought certain impacts on the global technology market, and Taiwan’s IT industry is also facing the difficult situation. A review of recent studies suggests that the PAE activities have had a negative impact on innovation, which contradicts the legislative purpose of patent law. In this thesis, the issues that the PAE activities have shown will be thoroughly reviewed and discussed. Moreover, from recent U.S. patent reform in legislature, executive and judiciary, as well as Taiwan IT companies’ successful litigation cases, this thesis will discuss how Taiwan’s IT companies can respond when facing PAE’s litigations and will also provide several litigation strategies.
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Shongwe, Kwanele Asante. "Multinational pharmaceutical manufacturers' opposition to patent law reform in South Africa: a bitter moral pill." Thesis, 2016. http://hdl.handle.net/10539/21415.

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In partial fulfilment of the degree of MSc. Med (Bioethics & Health Law) Steve Biko Centre for Bioethics, Faculty of Health Sciences, University of the Witwatersrand (Wits), Johannesburg June 2016
It is estimated that about two billion people, one-third of the world's population, lack regular access to essential medicines (Forman & Kohler 2012: 26). The situation is worst in Africa and South East Asia, where it is reported that about half the population do not have regular access to potentially life-saving drugs (Forman & Kohler 2012:26). A normative study was undertaken to probe whether legal duties to provide affordable medicines place or ought to place limitations on the exercise of pharmaceutical patents in developing countries. I have used the bioethics theory of justice and the jurisprudence on the right-to-health, enshrined in international human rights law, as my argumentative framework. Like other pro-health equity academics (Forman & Kohler 2012, Cameron 2005, Gostin 2014) I argue that the exorbitant prices charged by the multinational pharmaceutical industry for patented drugs are a barrier to equitable access to essential medicines for the world’s poor, most of whom live in developing countries. I concur with (Forman and Kohler 2012:1) that, “access to essential medicines (should be) authoritatively interpreted to constitute a minimum core entitlement under the human right to the highest attainable standard of health (the right-to-health), placing correlative duties on a range of actors to enable and ensure access." In addition, I posit that the interests of social justice ought to justify a partial infringement of private commercial interests in the public interest – to speed up regular and affordable access to essential medicines to all who need them. My argument proceeds as follows: Firstly, nation states bear the primary responsibility to meet right-to-health responsibilities as espoused in international human rights law and applicable African regional laws. Secondly, I argue that richer states (should) have joint legal and moral responsibilities to assist poorer nations to realize access to the "highest attainable standard of health" which is the legal entitlement of "every person" (WHO 1946, African Charter of Human Rights, 1981). I conclude by arguing that the multinational pharmaceutical industry ought to assume binding right-to-health human rights obligations, with nation states.
MT2016
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McBride, Vanessa Ann. "Patent ownership : rights to employee inventions." Diss., 1996. http://hdl.handle.net/10500/18187.

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A patent is an intellectual property right granted as a reward for the labours of the inventor so as to commercially exploit the invention in return for disclosure of the invention. The benefits of the patent system find perfect expression in the employment situation since the employer is better equipped to exploit the invention through provision of resources and capital whereas the employee is provided with an opportunity to develop his technical know-how. A comparative study of the laws pertaining to employee inventions in the United Kingdom, Federal Republic of Germany and the United States of America reveals a variety of approaches to the subject of employee inventions. The approach of the South African law on the subject is inadequate and legal reform is a necessity. The recommendations for such reform encapsulates a blend of the best features of each of the three national approaches to employee inventions.
Mercentile Law
LL. M. (Law)
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Books on the topic "Patent law reform"

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Parker, Frances. U.S. patent system reform, abuse and disputes. Edited by Library of Congress. Congressional Research Service. Hauppauge, N.Y: Nova Science Publishers, 2011.

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Hunt, Paul B. The impact of recent patent law cases and developments: Leading lawyers on understanding key decisions, counseling clients on patent reform, and recognizing upcoming issues facing Congress. [Boston, MA]: Aspatore Books, 2009.

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Inc, Aspatore. The impact of recent patent law cases and developments: Leading lawyers on navigating changing legal standards, analyzing high-profile decisions, and developing new client strategies. 2nd ed. [Boston, Mass.]: Aspatore, 2010.

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Patently outdated: Patents in the post-industrial economy : the case for service patents. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2012.

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Merchant, Mary Anthony. The America Invents Act (AIA) handbook: A guide to the patent law reform of 2011. 2nd ed. New York, New York: Law Journal Press, 2013.

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Merchant, Mary Anthony. The America Invents Act (AIA) handbook: A guide to the patent law reform of 2011. 2nd ed. New York, New York: Law Journal Press, 2014.

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Institute, Pennsylvania Bar. Understanding the Intellectual Property & Communications Omnibus Reform Act of 1999. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2000.

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American Law Institute-American Bar Association Committee on Continuing Professional Education. Patent and trademark law and procedure after the Intellectual Property and Communications Omnibus Reform Act of 1999: ALI-ABA course of study materials : November 2-3, 2000, Washington, D.C. Philadelphia, PA: American Law Institute-American Bar Association Committee on Continuing Professional Education, 2000.

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Patent law reform: Injunctions and damages : hearing before the Subcommittee on Intellectual Property of the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, first session, June 14, 2005. Washington: U.S. G.P.O., 2007.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice. Innovation and patent law reform: Hearings before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, second session, on H.R. 3285, H.R. 3286, and H.R. 3605 .... Washington: U.S. G.P.O., 1985.

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Book chapters on the topic "Patent law reform"

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Oke, Emmanuel Kolawole. "The Incorporation of a Right to Health Perspective into Brazil’s Patent Law Reform Process." In Law and Policy in Latin America, 311–26. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-56694-2_18.

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Adewole, Ayodele A. "Law reform and employee-invention patents in Nigeria." In Nigerian Intellectual Property Law, 57–71. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003250883-6.

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Tarasenko, Leonid. "Legislative Reforms on Patents, Utility Models and Industrial Designs in Ukraine." In Competition and Intellectual Property Law in Ukraine, 373–414. Berlin, Heidelberg: Springer Berlin Heidelberg, 2023. http://dx.doi.org/10.1007/978-3-662-66101-7_15.

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McHale, Jean. "Health Care, the United Kingdom and the Draft Patients’ Rights Directive: One Small Step for Patient Mobility but a Huge Leap for a Reformed NHS?" In Health Care and EU Law, 241–62. The Hague, The Netherlands: T. M. C. Asser Press, 2011. http://dx.doi.org/10.1007/978-90-6704-728-9_10.

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Bramwell, Donna, Kath Checkland, Jolanta Shields, and Pauline Allen. "2010–2015: The Health and Social Care Act, NHS Fragmentation." In Community Nursing Services in England, 75–82. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-17084-3_7.

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AbstractA change of government in 2010 brought fresh NHS reforms and a new Health and Social Care Act (HSCA, 2012). Both, along with the 2014, Five Year Forward View (NHSE) set the tone for this Chapter. We discuss how the continued emphasis on competition between providers, and the introduction of Clinical Commissioning Groups (CCGs) which replaced Primary Care Trusts (PCTs) as commissioners of community services, impacted on community nursing service management and delivery. Policy shifted in favour of a more co-operative approach to service provision and familiar agendas were set out for keeping people out of hospital with reform based around integration between health care sectors and between health and social care services. There was little change on the ground for district nurses in this era despite increasing emphasis on integrated care, collaborative, cross-sector working (i.e. with LA social care) and multi-disciplinary team management of complex patients. The HSCA 2012 began to unravel almost as soon as it was enacted, with the emphasis on competition undermined by the Five Year Forward View shift towards integration between sectors as a dominant organising principle. Community Health Services (CHS) were, to some extent, protected from the fragmentation associated with the Act, and in terms of district nursing practice, this era generated little change with patterns of service provision remaining very much as they were following the upheaval generated by the Transforming Community Services agenda.
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Haugan, Gørill, and Jessie Dezutter. "Meaning-in-Life: A Vital Salutogenic Resource for Health." In Health Promotion in Health Care – Vital Theories and Research, 85–101. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-63135-2_8.

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AbstractBased on evidence and theory, we state that facilitating and supporting people’s meaning-making processes are health promoting. Hence, meaning-in-life is a salutogenic concept.Authors from various disciplines such as nursing, medicine, psychology, philosophy, religion, and arts argue that the human search for meaning is a primary force in life and one of the most fundamental challenges an individual faces. Research demonstrates that meaning is of great importance for mental as well as physical well-being and crucial for health and quality of life. Studies have shown significant correlations between meaning-in-life and physical health measured by lower mortality for all causes of death; meaning is correlated with less cardiovascular disease, less hypertension, better immune function, less depression, and better coping and recovery from illness. Studies have shown that cancer patients who experience a high degree of meaning have a greater ability to tolerate bodily ailments than those who do not find meaning-in-life. Those who, despite pain and fatigue, experience meaning report better quality-of-life than those with low meaning. Hence, if the individual finds meaning despite illness, ailments, and imminent death, well-being, health, and quality-of-life will increase in the current situation. However, when affected by illness and reduced functionality, finding meaning-in-life might prove more difficult. A will to search for meaning is required, as well as health professionals who help patients and their families not only to cope with illness and suffering but also to find meaning amid these experiences. Accordingly, meaning-in-life is considered a vital salutogenic resource and concept.The psychiatrist Viktor Emil Frankl’s theory of “Will to Meaning” forms the basis for modern health science research on meaning; Frankl’s premise was that man has enough to live by, but too little to live for. According to Frankl, logotherapy ventures into the spiritual dimension of human life. The Greek word “logos” means not only meaning but also spirit. However, Frankl highlighted that in a logotherapeutic context, spirituality is not primarily about religiosity—although religiosity can be a part of it—but refers to a specific human dimension that makes us human. Frankl based his theory on three concepts: meaning, freedom to choose and suffering, stating that the latter has no point. People should not look for an inherent meaning in the negative events happening to them, or in their suffering, because the meaning is not there. The meaning is in the attitude people choose while suffering from illness, crises, etc.
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Singh, Naina, Rajinder Kaur, and Rashmi Aggarwal. "Influence of Patent Law on Price of Medicines." In Healthcare Policy and Reform, 1165–81. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-6915-2.ch053.

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There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.
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Reilly, Greg. "Patent litigation reform in the United States." In Research Handbook on Patent Law and Theory, 378–98. Edward Elgar Publishing, 2019. http://dx.doi.org/10.4337/9781785364129.00026.

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Bently, L., B. Sherman, D. Gangjee, and P. Johnson. "16. Procedure for Grant of a Patent." In Intellectual Property Law, 445–66. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198869917.003.0016.

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This chapter explains the processes involved in granting patents as well as the factors that applicants must take into account when deciding whether to patent an invention in the UK. The role of patent agents and the choice of route to take to secure grant of the patent are considered. The chapter then documents the procedures in the application for a patent, paying particular attention to some of the key features of the UK and European Patent Office patent application processes together with the Patent Cooperation Treaty. It also describes situations in which applicants and patentees are able to amend their applications and the restrictions under which such amendments operate. Finally, it looks at a number of proposals to reform the patent procedure.
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Bently, L., B. Sherman, D. Gangjee, and P. Johnson. "16. Procedure for grant of a patent." In Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0016.

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This chapter explains the processes involved in granting patents as well as the factors that applicants must take into account when deciding whether to patent an invention in the UK. The role of patent agents and the choice of route to take to secure grant of the patent are considered. The chapter then documents the procedures in the application for a patent, paying particular attention to some of the key features of the UK and European Patent Office patent application processes together with the Patent Cooperation Treaty. It also describes situations in which applicants and patentees are able to amend their applications and the restrictions under which such amendments operate. Finally, it looks at a number of proposals to reform the patent procedure.
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Conference papers on the topic "Patent law reform"

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Vicente Villa-Garcia, Jorge, and Rodolfo Martinez-Gutierrez. "Corporate Governance Model for Customs Agency in Accordance with Federal Customs Law Article 167-D in Mexico." In Human Systems Engineering and Design (IHSED 2021) Future Trends and Applications. AHFE International, 2021. http://dx.doi.org/10.54941/ahfe1001204.

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Customs agencies operate under the protection of a customs agent patent as a natural person, and there is a reform to the Federal Customs Law published in the Official Gazette of the Federation on June 25, 2018, establishing the Customs Agency model so that they can operate under the concept of "Customs Agency Patent", conceptualized as a legal person. The objective of the new modifications of the Federal Customs Law in article 167-D establishes the promotion of customs clearance of merchandise for third parties in different customs regimes. Maintaining the continuity of the operations of the Customs Agencies against the risk of extinction due to the lack of the person who holds the Customs Patent, regardless of the reason or cause, through internal strategies of Corporate Governance practice models for compliance with regulations applicable according to the challenges of competitiveness in Foreign Trade and Customs. This article presents a methodological intervention proposal as part of a Master thesis in Administration project at the Tecnologico Nacional de Mexico campus Tijuana.
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Sari, Siska Diana, Gusti Ayu Ketut Rachmi Handayani, and Pujiyono. "Legal Protection Model on Esthetic Beauty Clinics Patients: Between Fulfilling Constitutional Rights and Doing Business." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.037.

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Dinata, Defri Aryu, Rachmanto Heryawan Adiputra, and Wijoyo Hadi Mursito. "Can Doctors Refuse Withholding and Withdrawing Life Support to Critically Ill Patients in Indonesia? Associated with Medical, Bioethic, and Medicolegal Issues." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.017.

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Akbari, Pejman, Colin D. Copeland, Stefan Tüchler, Mark Davidson, and Seyyed V. Mahmoodi-Jezeh. "Shock Wave Heating: A Novel Method for Low-Cost Hydrogen Production." In ASME 2021 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2021. http://dx.doi.org/10.1115/imece2021-69775.

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Abstract This study introduces a new method of methane pyrolysis in a rotary chemical reactor using wave rotor technology. The patented technology has been developed by New Wave Hydrogen, Inc. (New Wave H2 or NWH2) . The concept introduces an efficient method of hydrogen production driven by shock wave gasdyanmics, with no direct CO2 emissions and no water use. The New Wave Reformer is based on wave rotor designs where unsteady shock waves are generated within channels arrayed around a rotating drum. As in a typical wave rotor wave cycle, a sharp pressure increase occurs behind a reflected shock wave, resulting in a proportional increase in gas temperature. This temperature amplification can be used to initiate a thermal decomposition reaction in gaseous constituents. Past studies have proven that a wave reformer with onboard reactions can reform heavy hydrocarbon gases into lighter hydrocarbon products. The current NWH2 study explores how a wave rotor can employ pressurized natural gas as a driver gas for compression heating of a low-pressure hydrocarbon fuel inside the channels of a wave reformer, resulting in the decomposition of methane into hydrogen and carbon black. This study first reviews past efforts ranging from conceptual patents to experimental studies utilizing different wave cycles for rapid heating of gases in gas-phase chemical reactions. Examples of such reactions include the formation of acetylene from methane and the formation of nitric oxide from air. In ongoing research, the authors introduce a wave cycle that uses a dual-stage gas compression process designed to prolong reaction time within the channels, addressing a key factor in high methane-to-hydrogen conversion. The process has been modeled numerically using a customized version of the Tüchler-Copeland experimentally-validated quasi-one-dimensional CFD code. The computational results provide data used in the prediction of flow fields inside the channels and at the inflow/outflow ports of the reactor.
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"CHRONIC EFFECTS OF ALCOHOL. A CASE REPORT." In 23° Congreso de la Sociedad Española de Patología Dual (SEPD) 2021. SEPD, 2021. http://dx.doi.org/10.17579/sepd2021p021s.

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OBJECTIVES: The alcohol dependence is a chronic disease and Wernicke-Korsakoff syndrome is one of the best known neurologic complication. Through a clinical case seen in the Emergency department, we will explain the importance of a good anamnesis and physical examination to obtain the diagnosis and prevent chronic defects. MATERIAL AND METHODS: A 55-year-old male patient who came to the Emergency department of our Hospital that was transferred by the ambulance of Emergency after being found at home on the ground without being able to get up. The patient presents generalized tremor, lack of strength in the lower extremities and visual hallucinations of dead relatives. The patient refers to being treated with alprazolam, lorazepam and trazodone due to anxiety, under follow-up by his family doctor.He has normally been drinking 5 glasses of brandy a day for 15 years and smoking 2 joints a day.The last time he drank alcohol was yesterday. The patient comments that for a year he has been out in a wheelchair. A blood and urine analysis is requested in addition to blood ethanol levels and an intramuscular injection of vitamin B1 is prescribed, followed by glucosaline serum and intravenous diazepam. On the general physical examination, she presented telangiectasia and bilateral palmar erythema. In the neurological examination, he presented hyporeflexia in the lower extremities, predominantly right cerebellar tremor, bilateral dysmetria in the heel-knee test, and gait ataxia with loss of strength in both legs. RESULTS AND CONCLUSIONS: This syndrome was classically described as a clinical triad consisting of altered mental status, nystagmus or ophthalmoplegia, and ataxia. However, less than a third of patients present with this complete triad. Gait abnormalities of Korsakoff syndrome are often irreversible if Wernicke encephalopathy is not treated adequately.
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"O-007 - PRESCRIPTION PATTERNS ON PATIENTS WITH DUAL DIAGNOSIS: A RETROSPECTIVE INPATIENT ANALYSIS." In 24 CONGRESO DE LA SOCIEDAD ESPAÑOLA DE PATOLOGÍA DUAL. SEPD, 2022. http://dx.doi.org/10.17579/abstractbooksepd2022.o007.

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Introduction. Dual diagnosis (DD) refers to the simultaneous diagnosis of a psychiatric disorder and a substance use disorder (SUD). The prevalence rate is considerably high in patients with schizophrenia and affective disorders; it predicts a more severe illness course, with decreased adherence to treatment and higher rates of hospitalization. As such, there is a growing demand for clinical guidelines and treatment consensus for these patients. In this retrospective analysis, we aimed to examine if and how prescription patterns in DD differ regarding psychiatric diagnosis and type of substance used. Methods. Data from patients with a DD diagnosis admitted at Lisbon’s Psychiatric Hospital Center from June to September 2021 was collected (n=94). Chi-square or Fisher tests were used to analyze associations between substance use and specific psychiatric disorders, along with number and class of medications prescribed. Results. Schizophrenia was the most frequent diagnosis (n=47). The most abused substances were alcohol (n=62) and cannabinoids (n=57). We found a statistically significant association between schizophrenia and cannabis misuse (p=0,006). A personality disorder diagnosis was also found to be associated to the misuse of cannabinoids (p=0,04) and cocaine (p=0,003). Finally, there was a statistically significant association between prescription of 2 or more drugs from different classes and a diagnosis of schizophrenia. No association was found between number/class of drugs, other psychiatric conditions or the type of substance misuse. Conclusion. Our study confirms well established associations between specific substance use and psychiatric conditions. However, no evidence of a specific drug prescription pattern of use in DD patient was apparent, which suggests the need for more studies on DD population and treatment outcomes.
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Lučić, Sonja. "VEŠTAČKA INTELIGENCIJA I PATENTNO PRAVO." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.479l.

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Artificial intelligence is a field of technology that is developing intensively. Along with the development of artificial intelligence, the issue of its patent protection has become topical. Artificial intelligence systems are based on highly developed algorithms and mathematical models, phenomena with which patent law is traditionally in conflict. This issue is not just a national or European problem. There is also an intensive debate in the United States about the patentability of artificially intelligent systems. The author deals with the question of whether artificially intelligent systems can enjoy patent protection. The paper analyzes the case of "DABUS" which refers to an international patent application in which the artificially intelligent system DABUS is listed as the inventor. Numerous intellectual property offices around the world (eg American, British, German, Australian, EPO) have rejected such a patent application. On the other hand, the Federal Court of Australia has ruled that under the Australian Patent Act AI could be listed as the inventor. Recognition of AI as the inventor (not the owner) of inventions generated by artificial intelligence can have certain consequences, including in the field of copyright.
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Japarova, Damira. "Formation of a Market Model in the Financing of Health Care in the Kyrgyz Republic." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02235.

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Due to the collapse of the Union, there was a reduction in funding for health care costs, as well as deterioration in the infrastructure and quality of medical services. The transitional economy in the Kyrgyz Republic has identified additional features in the health system. The main ones are the low level of funding, the presence of the shadow market of medical services, inefficient structure and the prevalence of high-cost hospital treatment. The market mechanism is developing, however, without state regulation. The Kyrgyz Republic continues to reform its health-care system. The task was to improve the methods of their financing. New mechanisms for financing medical services have been introduced. Despite the reduction in the number of hospitals, the number of patients treated in hospitals has increased.
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Morotti, Roberto, Caterina Rizzi, Daniele Regazzoni, and Giorgio Colombo. "Digital Human Modelling to Analyse Virtual Amputee’s Interaction With the Prosthesis." In ASME 2014 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/detc2014-34381.

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This paper refers to the integration of simulations tools to assess the design of prosthetic devices. We address issues arising when the prosthesis needs to be virtually tested, i.e., the gait of the virtual patient wearing the prosthesis. Therefore, we integrate two different simulation tools: the first one to study the interaction between socket and residual limb during the gait and the second one to analyze the patient’s gait deviations. Combining these numerical analyses, it is possible to investigate the causes of gait deviations and suggest remedies, both related to the prosthesis setup and the socket modeling. To prove the validity of the approach, we implemented a Finite Element Analysis model to analysis the stump-socket contact and we assembled a low cost Motion Capture system to acquire and elaborate patient gait. Preliminary results and remarks conclude the paper.
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Zeman, Mário. "Avoiding Middle-Income Trap: Case of China." In EDAMBA 2021 : 24th International Scientific Conference for Doctoral Students and Post-Doctoral Scholars. University of Economics in Bratislava, 2022. http://dx.doi.org/10.53465/edamba.2021.9788022549301.571-581.

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The middle-income trap is a relatively new concept that became very popular after the financial crisis in 2008. It describes countries that have managed to develop economically from low-income countries to middle-income countries. However, the initial determinants of economic growth have exhausted their potential, and therefore these countries have stagnated economically. China is also currently one of the middle-income countries that a middle-income trap could potentially threaten. We used various absolute and relative methods to determine whether China is in the middle-income trap. However, we did not reach unambiguous conclusions, as the individual methods generated mixed results. The development of other factors such as composition of exports, the enrolment of universities, and the number of patents received over time suggest that China will transform into a modern economy based on services and innovation. However, further reforms are likely to be necessary. Middle-income trap stays as a potential threat for Chinese economy.
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Reports on the topic "Patent law reform"

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Sakakibara, Mariko, and Lee Branstetter. Do Stronger Patents Induce More Innovation? Evidence from the 1988 Japanese Patent Law Reforms. Cambridge, MA: National Bureau of Economic Research, April 1999. http://dx.doi.org/10.3386/w7066.

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Okwundu, Charles I., and Charles Shey Wiysonge. Which interventions improve the management of dual practice? SUPPORT, 2016. http://dx.doi.org/10.30846/160811.

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Dual practice in the healthcare setting refers to the holding of more than one job, in unrelated health facilities, by a health professional. In many low-income countries, low pay and difficult working conditions lead many health professionals in the public sector to add to their income by taking on private patients who pay for the services that they receive. Dual practice has both negative and positive consequences and there are concerns that its negative impacts may exceed the positive ones. By allowing public sector workers to supplement their income, it may be easier for the public health sector to keep their skilled workers. However, dual practice may also lead health professionals to spend less time in their public sector job; take time off without permission to work in their private positions; lower the quality of their services in the public sector in order to drive patients to their private practice; or take resources from their public sector workplace to use in their private sector jobs. Various interventions have been implemented to manage dual practice e.g. banning dual practice, regulating the number of hours that public sector workers are allowed to do private practice, regulating how much public sector workers are allowed to earn from private practice, salary increases and promotions for workers who agree to only work in the public sector, and allowing limited private practice within public facilities.
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Newman-Toker, David E., Susan M. Peterson, Shervin Badihian, Ahmed Hassoon, Najlla Nassery, Donna Parizadeh, Lisa M. Wilson, et al. Diagnostic Errors in the Emergency Department: A Systematic Review. Agency for Healthcare Research and Quality (AHRQ), December 2022. http://dx.doi.org/10.23970/ahrqepccer258.

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Objectives. Diagnostic errors are a known patient safety concern across all clinical settings, including the emergency department (ED). We conducted a systematic review to determine the most frequent diseases and clinical presentations associated with diagnostic errors (and resulting harms) in the ED, measure error and harm frequency, as well as assess causal factors. Methods. We searched PubMed®, Cumulative Index to Nursing and Allied Health Literature (CINAHL®), and Embase® from January 2000 through September 2021. We included research studies and targeted grey literature reporting diagnostic errors or misdiagnosis-related harms in EDs in the United States or other developed countries with ED care deemed comparable by a technical expert panel. We applied standard definitions for diagnostic errors, misdiagnosis-related harms (adverse events), and serious harms (permanent disability or death). Preventability was determined by original study authors or differences in harms across groups. Two reviewers independently screened search results for eligibility; serially extracted data regarding common diseases, error/harm rates, and causes/risk factors; and independently assessed risk of bias of included studies. We synthesized results for each question and extrapolated U.S. estimates. We present 95 percent confidence intervals (CIs) or plausible range (PR) bounds, as appropriate. Results. We identified 19,127 citations and included 279 studies. The top 15 clinical conditions associated with serious misdiagnosis-related harms (accounting for 68% [95% CI 66 to 71] of serious harms) were (1) stroke, (2) myocardial infarction, (3) aortic aneurysm and dissection, (4) spinal cord compression and injury, (5) venous thromboembolism, (6/7 – tie) meningitis and encephalitis, (6/7 – tie) sepsis, (8) lung cancer, (9) traumatic brain injury and traumatic intracranial hemorrhage, (10) arterial thromboembolism, (11) spinal and intracranial abscess, (12) cardiac arrhythmia, (13) pneumonia, (14) gastrointestinal perforation and rupture, and (15) intestinal obstruction. Average disease-specific error rates ranged from 1.5 percent (myocardial infarction) to 56 percent (spinal abscess), with additional variation by clinical presentation (e.g., missed stroke average 17%, but 4% for weakness and 40% for dizziness/vertigo). There was also wide, superimposed variation by hospital (e.g., missed myocardial infarction 0% to 29% across hospitals within a single study). An estimated 5.7 percent (95% CI 4.4 to 7.1) of all ED visits had at least one diagnostic error. Estimated preventable adverse event rates were as follows: any harm severity (2.0%, 95% CI 1.0 to 3.6), any serious harms (0.3%, PR 0.1 to 0.7), and deaths (0.2%, PR 0.1 to 0.4). While most disease-specific error rates derived from mainly U.S.-based studies, overall error and harm rates were derived from three prospective studies conducted outside the United States (in Canada, Spain, and Switzerland, with combined n=1,758). If overall rates are generalizable to all U.S. ED visits (130 million, 95% CI 116 to 144), this would translate to 7.4 million (PR 5.1 to 10.2) ED diagnostic errors annually; 2.6 million (PR 1.1 to 5.2) diagnostic adverse events with preventable harms; and 371,000 (PR 142,000 to 909,000) serious misdiagnosis-related harms, including more than 100,000 permanent, high-severity disabilities and 250,000 deaths. Although errors were often multifactorial, 89 percent (95% CI 88 to 90) of diagnostic error malpractice claims involved failures of clinical decision-making or judgment, regardless of the underlying disease present. Key process failures were errors in diagnostic assessment, test ordering, and test interpretation. Most often these were attributed to inadequate knowledge, skills, or reasoning, particularly in “atypical” or otherwise subtle case presentations. Limitations included use of malpractice claims and incident reports for distribution of diseases leading to serious harms, reliance on a small number of non-U.S. studies for overall (disease-agnostic) diagnostic error and harm rates, and methodologic variability across studies in measuring disease-specific rates, determining preventability, and assessing causal factors. Conclusions. Although estimated ED error rates are low (and comparable to those found in other clinical settings), the number of patients potentially impacted is large. Not all diagnostic errors or harms are preventable, but wide variability in diagnostic error rates across diseases, symptoms, and hospitals suggests improvement is possible. With 130 million U.S. ED visits, estimated rates for diagnostic error (5.7%), misdiagnosis-related harms (2.0%), and serious misdiagnosis-related harms (0.3%) could translate to more than 7 million errors, 2.5 million harms, and 350,000 patients suffering potentially preventable permanent disability or death. Over two-thirds of serious harms are attributable to just 15 diseases and linked to cognitive errors, particularly in cases with “atypical” manifestations. Scalable solutions to enhance bedside diagnostic processes are needed, and these should target the most commonly misdiagnosed clinical presentations of key diseases causing serious harms. New studies should confirm overall rates are representative of current U.S.-based ED practice and focus on identified evidence gaps (errors among common diseases with lower-severity harms, pediatric ED errors and harms, dynamic systems factors such as overcrowding, and false positives). Policy changes to consider based on this review include: (1) standardizing measurement and research results reporting to maximize comparability of measures of diagnostic error and misdiagnosis-related harms; (2) creating a National Diagnostic Performance Dashboard to track performance; and (3) using multiple policy levers (e.g., research funding, public accountability, payment reforms) to facilitate the rapid development and deployment of solutions to address this critically important patient safety concern.
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