11–15–00 Vol. 65 No. 221 Wednesday Nov. 15, 2000 Pages

Total Page:16

File Type:pdf, Size:1020Kb

11–15–00 Vol. 65 No. 221 Wednesday Nov. 15, 2000 Pages 11±15±00 Wednesday Vol. 65 No. 221 Nov. 15, 2000 Pages 68871±69236 VerDate 11-MAY-2000 21:42 Nov 14, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\15NOWS.LOC pfrm11 PsN: 15NOWS 1 II Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202±512±1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512±1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202±512±1530; 1±888±293±6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512±1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512±1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523±5243 Assistance with Federal agency subscriptions 523±5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ FEDERAL REGISTER WORKSHOP fedreg. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates the Federal Register as the official serial publication HOW TO USE IT established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. FOR: Any person who uses the Federal Register and Code of Federal Regulations. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases WHO: Sponsored by the Office of the Federal Register. on GPO Access, a service of the U.S. Government Printing Office. WHAT: Free public briefings (approximately 3 hours) to present: 1. The regulatory process, with a focus on the Federal Register The online edition of the Federal Register is issued under the system and the public's role in the development of authority of the Administrative Committee of the Federal Register regulations. as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each 2. The relationship between the Federal Register and Code day the Federal Register is published and it includes both text of Federal Regulations. and graphics from Volume 59, Number 1 (January 2, 1994) forward. 3. The important elements of typical Federal Register documents. GPO Access users can choose to retrieve online Federal Register 4. An introduction to the finding aids of the FR/CFR system. documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), WHY: To provide the public with access to information necessary to or SUMMARY (abbreviated text) files. Users should carefully check research Federal agency regulations which directly affect them. retrieved material to ensure that documents were properly There will be no discussion of specific agency regulations. downloaded. On the World Wide Web, connect to the Federal Register at http:/ WASHINGTON, DC /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to WHEN: December 13, 2000, at 9:00 a.m. swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer WHERE: Office of the Federal Register and modem. When using Telnet or modem, type swais, then log Conference Room in as guest with no password. 800 North Capitol Street, NW. For more information about GPO Access, contact the GPO Access Washington, DC User Support Team by E-mail at [email protected]; by fax at (202) 512±1262; or call (202) 512±1530 or 1±888±293±6498 (toll (3 blocks north of Union Station Metro) free) between 7 a.m. and 5 p.m. Eastern time, Monday±Friday, RESERVATIONS: 202±523±4538 except Federal holidays. The annual subscription price for the Federal Register paper edition is $638, or $697 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $253. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $9.00 for each issue, or $9.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250±7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 65 FR 12345. VerDate 11-MAY-2000 21:42 Nov 14, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\15NOWS.LOC pfrm11 PsN: 15NOWS 2 III Contents Federal Register Vol. 65, No. 221 Wednesday, November 15, 2000 Agriculture Department Environmental Protection Agency See Forest Service RULES See Rural Business-Cooperative Service Air programs; approval and promulgation; State plans for designated facilities and pollutants: Centers for Disease Control and Prevention Florida, 68905±68908 NOTICES Missouri, 68904±68905 Agency information collection activities: Air quality implementation plans; approval and Submission for OMB review; comment request, 69020± promulgation; various States; air quality planning 69022 purposes; designation of areas: Wisconsin, 68901±68904 Coast Guard Air quality implementation plans; approval and RULES promulgation; various States: Drawbridge operations: Massachusetts, 68896±68900 Florida, 68894±68896 Hazardous waste program authorizations: Massachusetts, 68915±68919 Commerce Department Pesticides; tolerances in food, animal feeds, and raw See International Trade Administration agricultural commodities: See National Institute of Standards and Technology Copper sulfate pentahydrate, 68908±68912 See National Oceanic and Atmospheric Administration Pyriproxyfen, 68912±68915 Customs Service Toxic substances: RULES Asbestos worker protection, 69209±69217 Technical amendments, 68886±68888 PROPOSED RULES Air programs; approval and promulgation; State plans for Defense Department designated facilities and pollutants: PROPOSED RULES Florida, 68959±68960 Civilian health and medical program of uniformed services Missouri, 68960 (CHAMPUS): Air quality implementation plans; approval and Enuretic devices, breast reconstruction surgery, Persons promulgation; various States; air quality planning with Disabilities Program valid authorization period, purposes; designation of areas: and early intervention services, 68957±68959 Wisconsin, 68959 Hazardous waste program authorizations: Education Department Massachusetts, 68960 NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 68983±68984 National Drinking Water Advisory Council, 68999 Submission for OMB review; comment request, 68984± Reports and guidance documents; availability, etc.: 68985 Western Regional Air Partnership; Grand Canyon Visibility Transport Commission1996 report annex, Employment and Training Administration 68999±69000 NOTICES Toxic and hazardous substances control: Adjustment assistance: Interagency Testing Committee report; comment request, Automation Technology, Corp., 69048 69133±69136 Baker Atlas, 69048±69049 Water pollution; discharge of pollutants (NPDES): Carleton Woolen Mills, Inc., 69049 Massachusetts and New Hampshire; water treatment Facemate PL/GF, Inc., et al., 69049±69050 facility discharges; general permits, 69000±69013 Rycraft, Inc., 69050 Adjustment assistance and NAFTA transitional adjustment Executive Office of the President assistance: See Presidential Documents Trinity Industries, Inc., 69048 See Trade Representative, Office of United States Labor surplus areas classifications: Annual list, 69187±69207 Federal Aviation Administration NAFTA transitional adjustment assistance: RULES Joseph Timber Co., 69050 Airworthiness directives: Louisiana Pacific Corp., 69050±69051 Airbus, 68876±68879 Plum Creek Timber, 69051 Bell, 68884±68885, 68873±68875 Empresa Brasileira de Aeronautica, S.A., 68879±68882 Energy Department Fokker, 68882±68884 See Federal Energy Regulatory Commission Rolls-Royce Spey, 68875±68876 RULES PROPOSED RULES Acquisition regulations: Airworthiness directives: Management and operating contracts; patent regulations; Bell, 68953±68955 revision, 68932±68948 Boeing, 68955±68957 VerDate 11<MAY>2000 21:43 Nov 14, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\15NOCN.SGM pfrm11 PsN: 15NOCN IV Federal Register
Recommended publications
  • Scp/17/9 Original: English Date: October 31, 2011
    E SCP/17/9 ORIGINAL: ENGLISH DATE: OCTOBER 31, 2011 Standing Committee on the Law of Patents Seventeenth session Geneva, December 5 to 9, 2011 OPPOSITION SYSTEMS Document prepared by the Secretariat SCP/17/9 page 2 Table of Contents EXECUTIVE SUMMARY..........................................................................................................3 I. INTRODUCTION ..........................................................................................................4 II. OVERVIEW OF OPPOSITION SYSTEMS...................................................................5 III. RATIONALE AND OBJECTIVES .................................................................................7 IV. INTERNATIONAL LEGAL FRAMEWORK..................................................................13 V. EXAMPLES OF OPPOSITION PROCEDURES.........................................................14 VI. RELATED MECHANISMS..........................................................................................30 A. Re-examination Systems.....................................................................................30 B. Submission of Information by Third Parties .........................................................35 (i) Rationale and objectives ...............................................................................35 (ii) National/Regional laws..................................................................................36 ANNEX: STATISTICS ON OPPOSITION SCP/17/9 page 3 EXECUTIVE SUMMARY 1. Pursuant to the decision of the Standing
    [Show full text]
  • Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: a Comparative Study
    Fordham Intellectual Property, Media and Entertainment Law Journal Volume 15 Volume XV Number 1 Volume XV Book 1 Article 5 2004 Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: A Comparative Study Haito Sun J.D. Candidate, Fordham University School of Law, 2006; Fish & Neave LLP, Patent Agent Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Haito Sun, Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: A Comparative Study, 15 Fordham Intell. Prop. Media & Ent. L.J. 273 (2004). Available at: https://ir.lawnet.fordham.edu/iplj/vol15/iss1/5 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. SUN 1/25/2005 6:16 PM Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: A Comparative Study Haitao Sun∗ INTRODUCTION ............................................................................ 275 I. PATENT LAW DEVELOPMENT IN CHINA AFTER 1978 ........... 278 A. Brief History of IPR Legislation in China ................... 278 B. The Patent Law of China; Patentability Requirements ............................................................... 279 C. Channels for IPR Dispute Resolution in China........... 283 II. POST-GRANT PATENT INVALIDATION IN CHINA ................... 285 A. History of Patent Opposition/Invalidation Provisions in the Patent Law ........................................................
    [Show full text]
  • Batten Down the Hatch[Es]! Restoring the Patent System’S Role Within the Pharmaceutical Industry
    Case Western Reserve Law Review Volume 70 Issue 3 Article 14 2020 Batten down the Hatch[es]! Restoring the Patent System’s Role within the Pharmaceutical Industry Rocco Screnci Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Rocco Screnci, Batten down the Hatch[es]! Restoring the Patent System’s Role within the Pharmaceutical Industry, 70 Case W. Rsrv. L. Rev. 821 (2020) Available at: https://scholarlycommons.law.case.edu/caselrev/vol70/iss3/14 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 70·Issue 3·2020 Batten down the Hatch[es]! Restoring the Patent System’s Role within the Pharmaceutical Industry Contents Introduction .................................................................................. 821 I. The Patent System ..................................................................... 825 A. The Fundamentals: Why We Patent .................................................... 825 B. The Modern Patent Statute: A Rich Vision for Incentive-Theory Jurisprudence .................................................................................... 829 1. The Patent Application and its Roles ........................................... 830 2. A Vague Concept
    [Show full text]
  • POST-GRANT REVIEWS in the U.S. PATENT SYSTEM–DESIGN CHOICES and EXPECTED IMPACT by Bronwyn H
    POST-GRANT REVIEWS IN THE U.S. PATENT SYSTEM–DESIGN CHOICES AND EXPECTED IMPACT By Bronwyn H. Hall† and Dietmar Harhoff‡ ABSTRACT Several policy review boards have advocated the introduction of post-grant patent review mechanisms in the U.S patent system. We dis- cuss to what extent “patent quality” has been deteriorating in the U.S. patent system and then consider the expected impact of post-grant review mechanisms as advocated by the policy review boards. We take a de- tailed look at the experience with the opposition mechanism at the Euro- pean Patent Office. Our results indicate that a properly designed U.S. post-grant review could generate high welfare gains. We discuss the de- sign choices faced by policy-makers in the United States and provide recommendations. TABLE OF CONTENTS I. INTRODUCTION.........................................................................................................................1 II. “PATENT QUALITY”.................................................................................................................3 A. Defining “Patent Quality”............................................................................................3 B. Consequences of Low Patent Quality ........................................................................4 III. PROBLEMS IN THE U.S. PATENT SYSTEM.............................................................................6 IV. REFORM PROPOSALS AND THE PROMISE OF POST -GRANT REVIEW MECHANISMS .....11 V. A LOOK AT THE EUROPEAN EXPERIENCE ..........................................................................14
    [Show full text]
  • Patents, Data Exclusivity, and the Development of New Drugs
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Gaessler, Fabian; Wagner, Stefan Working Paper Patents, data exclusivity, and the development of new drugs Discussion Paper, No. 176 Provided in Cooperation with: University of Munich (LMU) and Humboldt University Berlin, Collaborative Research Center Transregio 190: Rationality and Competition Suggested Citation: Gaessler, Fabian; Wagner, Stefan (2019) : Patents, data exclusivity, and the development of new drugs, Discussion Paper, No. 176, Ludwig-Maximilians-Universität München und Humboldt-Universität zu Berlin, Collaborative Research Center Transregio 190 - Rationality and Competition, München und Berlin This Version is available at: http://hdl.handle.net/10419/208076 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu Patents, Data Exclusivity, and the Development of New Drugs Fabian Gaessler (MPI-IC Munich) Stefan Wagner (ESMT Berlin) Discussion Paper No.
    [Show full text]
  • Task Force on Medicinal Plants
    Report of the Task Force on Conservation & Sustainable use of Medicinal Plants Government of India Planning Commission March - 2000 1 PREFACE Human life and knowledge of preserving it as a going concern, must have come into being almost simultaneously. All known cultures of the past - Egyptian, Babylonian, Jewiah, Chinese, Indus-valley etc. had their own glorious and useful systems of medicine and health care. According to the ancient books of knowledge, health is considered as a prerequisite for achieving the supreme ends of Me consisting of righteousness, wealth, artistic values and spiritual freedom Preventive and curative aspects of disease are considered as important components of the concept of positive health The Indian System of Medians, viz Ayurveda, Siddha, Unani and Homeopathic system predominantly use plant baaed raw materials m moat of their preparations and formulations Modem pharmacopoeia also contain at least 25% drugs derived from plants and many other which are synthetic analogues bum on prototype compounds isolated from plants. The World Health Organisation (WHO) estimated that 80% of the population of developing countries rely on traditional medicine mostly plant drugs, for their primary health care needs Medicinal plants being natural, non-narcotic, having no side elect of ay a range of safe, cost effective, preventive and curative therapies which could be useful in achieving the goal of "Health for all" in a coat effective manner. Demand for medicinal plants is increasing m both developing and developed countries but 90% malarial la harvested from wild sources without applying scientific management hence many species are under threat to become extinct. Medicinal plants occupied an important position in the socio-cultural, spiritual and medicinal arena of rural people of India.
    [Show full text]
  • Patent Oppositions in Australia: the Facts 93
    2011 Patent Oppositions in Australia: The Facts 93 PATENT OPPOSITIONS IN AUSTRALIA: THE FACTS KIMBERLEE WEATHERALL∗, FIONA ROTSTEIN+, CHRIS DENTε AND ANDREW CHRISTIEγ I INTRODUCTION A Background Patent opposition in Australia is an administrative process within the Patent Office, whereby third parties, such as competitors, suppliers, or customers of the patentee, raise arguments and provide evidence against the validity of a patent that has been accepted, but not yet granted.1 As such, it can potentially play an important role in maintaining the quality of the patent register. As a number of economists and legal scholars have pointed out, it is impossible for patent offices to find all the prior art relevant to a patent, particularly where that prior art lies outside the patent literature. Competitors and other outsiders, however, are likely to have information relevant to the validity of the patent, because they are active in the technology.2 If these ‘outsiders’ can be encouraged to bring that information to the attention of the Patent Office, the examiners will be in a better position to make the right decisions about granting patents.3 At the same time, ∗ Senior Lecturer, TC Beirne School of Law, University of Queensland. The analysis here presented would not have been possible without the research assistance of Bella Li, who read decisions and entered them into the database used here for analysis. The authors are grateful to IP Australia, in particular Sean Applegate, for considerable assistance in obtaining and understanding the data which forms the basis of this study. They are also grateful to Michael Caine, and two anonymous reviewers whose comments on the draft have greatly improved the paper.
    [Show full text]
  • Leaked US TPPA Paper on Eliminating Pre-Grant Opposition
    This Document Contains TPP CONFIDENTIAL Information MODIFIED HANDLING AUTHORIZED PRE-GRANT OPPOSITION A lengthy or onerous pre-grant patent opposition system can place undue burdens on patent applicants and create additional costs to patent offices, thereby causing uncertainty and deterring innovators and enterprises that would otherwise bring innovative products and services to TPP partners. Third parties may exploit pre-grant opposition processes to harass the examiner and/or applicant and seek to delay or confuse the examination process. Moreover, third parties can overburden already strapped patent offices, decrease the efficiency of examination, and delay the granting of pending rights. In our experience, the goal of ensuring high-quality examination procedures and patents can be addressed by other means that are less susceptible to abuse. The U.S. patent system contains two important pre-grant features that help ensure that these goals can be met. • First, the U.S. patent rules permit third parties to submit prior art documents for consideration by the examiner in a pending published application.1 Submission of these materials may be made within two months of publication or before the mailing of a notice of allowance, whichever occurs first. Indeed, third parties may often have access to relevant prior art that should be brought to the attention of the patent office, and an examiner’s access to the best prior art enhances both the quality and efficiency of the patent examination process. • Second, under U.S. patent rules, a member of the public may also file a “protest” against a pending application.2 A protest must be filed prior to the date the application is published, or a notice of allowance is mailed, whichever occurs first.
    [Show full text]
  • Intellectual Property Institute of Canada (IPIC) Recommendations on Possible Amendments to Bill C-86, Subdivisions A, B, C, E & H
    Intellectual Property Institute of Canada (IPIC) Recommendations on Possible Amendments to Bill C-86, Subdivisions A, B, C, E & H Submission to the Senate Standing Committee on Banking, Trade and Commerce November 27, 2018 INTRODUCTION The Intellectual Property Institute of Canada (IPIC) is the professional association of patent agents, trademark agents and lawyers practicing in all areas of intellectual property law. Our membership totals over 1,700 individuals, consisting of practitioners in law firms and agencies of all sizes, sole practitioners, in-house corporate intellectual property professionals, government personnel, and academics. Our members’ clients include virtually all Canadian businesses, universities and other institutions that have an interest in intellectual property (e.g. patents, trademarks, copyright and industrial designs) in Canada or elsewhere, as well as foreign companies who hold intellectual property rights in Canada. IPIC is pleased to have the opportunity to provide our feedback on Bill C-86: A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures. We want to begin by commending this government for their leadership and foresight in developing the first National IP Strategy for Canada. Creating a policy and regulatory environment in Canada that rewards businesses who invest in and protect their intellectual property rights is understandably a challenging endeavor but is of the utmost importance to the future of the Canadian Economy. We also want to convey our appreciation to Innovation, Science and Economic Development Canada for their efforts over the last two years to consult with stakeholders including our profession on both the National IP Strategy and various policy changes that culminated in what was announced this past spring, and what is in front of us today in Division 7 of Bill C-86.
    [Show full text]
  • AGUIDE to PHARMACEUTICAL PATENTS Edited by Carlos M. Correa
    A GUIDE TO PHARMACEUTICAL PATENTS Edited by Carlos M. Correa A GUIDE TO PHARMACEUTICAL PATENTS is published by South Centre Chemin du Champ d'Anier 17 POB 228 1211 Geneva 19 Switzerland © South Centre 2012 Cover design: Lim Jee Yuan Printed by Jutaprint 2 Solok Sungai Pinang 3 Sungai Pinang 11600 Penang Malaysia Reproduction of all or part of this publication for educational or other non- commercial purposes is authorized without prior written permission from the copyright holder provided that the source is fully acknowledged and any alterations to its integrity are indicated. Reproduction of this publication for resale or other commercial purposes is prohibited without prior consent of the copyright holder. ISBN 978-92-9162-037-1 THE SOUTH CENTRE In August 1995, the South Centre became a permanent intergovernmental organization of developing countries. In pursuing its objectives of promoting South solidarity, South-South cooperation, and coordinated participation by developing countries in international forums, the South Centre prepares, publishes and distributes information, strategic analyses and recommendations on international economic, social and political matters of concern to the South. For detailed information about the South Centre see its website www.southcentre.org. The South Centre enjoys support from the governments of its member countries and of other countries of the South, and is in regular working contact with the Group of 77 and the Non-Aligned Movement. Its studies and publications benefit from technical and intellectual capacities existing within South governments and institutions and among individuals of the South. Through working group sessions and consultations involving experts from different parts of the South, and also from the North, common challenges faced by the South are studied and experience and knowledge are shared.
    [Show full text]
  • Harvard Journal of Law & Technology Volume 33, Number 2 Spring 2020
    Harvard Journal of Law & Technology Volume 33, Number 2 Spring 2020 EVERGREENING AT RISK Uri Y. Hacohen* TABLE OF CONTENTS I. INTRODUCTION .............................................................................. 480 II. DEFINING EVERGREENING: SKEWED OVERPATENTING INCENTIVES IN THE PHARMACEUTICAL INDUSTRY ....................... 484 A. Patent Thicketing ..................................................................... 491 1. Legal Environment ................................................................ 492 2. Patent Leverage ..................................................................... 496 B. Patent Listing ........................................................................... 502 1. Regulatory Environment ....................................................... 503 2. Patent Leverage ..................................................................... 506 C. Product Hopping ...................................................................... 511 1. Economic Environment ......................................................... 513 2. Patent Leverage ..................................................................... 519 III. REMEDYING EVERGREENING: INTERNALIZING THE COSTS OF PHARMACEUTICAL OVERREACH .............................................. 523 A. Critical Analysis of Existing Remedial Approaches ................. 524 1. Regulatory Policy .................................................................. 524 2. Antitrust Policy ..................................................................... 526
    [Show full text]
  • A Politics of Patent Law Kali N
    Journal of Intellectual Property Law Volume 14 | Issue 1 Article 2 October 2006 Rules For Radicals: A Politics of Patent Law Kali N. Murray University of Mississippi School of Law Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Commercial Law Commons, and the Intellectual Property Law Commons Recommended Citation Kali N. Murray, Rules For Radicals: A Politics of Patent Law, 14 J. Intell. Prop. L. 63 (2006). Available at: https://digitalcommons.law.uga.edu/jipl/vol14/iss1/2 This Article is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Murray: Rules For Radicals: A Politics of Patent Law RULES FOR RADICALS: A POLITICS OF PATENT LAW Kah N. Murry* TABLE OF CONTENTS I. INTRODUCTION ............................................. 64 II. A PARTICIPATORY TOOLBOx: PARTICIPATORY MECHANISMS IN ENVIRONMENTAL AND PATENT LAW ........................... 71 A. PARTICIPATORY MECHANISMS IN ENVIRONMENTAL LAW ........ 72 1. Citizen Enforcement Mechanisms ........................... 73 2. Tranparengy M echanisms ................................. 76 B. PARTICIPATORY MECHANISMS IN PATENT LAW ................ 77 1. Citi.zen Enforcement Mechanisms ............................. 77 a. Post-Issuance Challenge ................................. 77 b. Pre-Issuance Challenge ................................ 80 c. Other Methods of Citizen Enforcement ..................... 87 2. Transparengy M echanisms ................................. 88 III. A PARTICIPATORY PATENT BARGAIN?: REDESIGNING PATENT LAW TO SUPPORT PARTICIPATORY MECHANISMS ................. 89 A. A PLURALIST PATENT BARGAIN? ............................. 92 1. A Framework of Structural Pluralism ......................... 92 2. Structural Pluralism in Patent Law ..........................
    [Show full text]