The Effects of Licences Under Patents
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A Bundle of Rights
A BUNDLE OF RIGHTS 17 U.S.C. § 106 (2004) Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. __________ A. THE DISTRIBUTION RIGHT 17 U.S.C. § 109 (2004) (a) Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration -
Circular 1 Copyright Basics
CIRCULAR 1 Copyright Basics Copyright is a form of protection Copyright is a form of protection provided by the laws of the provided by U.S. law to authors of United States to the authors of “original works of authorship” that are fixed in a tangible form of expression. An original “original works of authorship” from work of authorship is a work that is independently created by the time the works are created in a a human author and possesses at least some minimal degree of creativity. A work is “fixed” when it is captured (either fixed form. This circular provides an by or under the authority of an author) in a sufficiently overview of basic facts about copyright permanent medium such that the work can be perceived, and copyright registration with the reproduced, or communicated for more than a short time. Copyright protection in the United States exists automatically U.S. Copyright Office. It covers from the moment the original work of authorship is fixed.1 • Works eligible for protection • Rights of copyright owners What Works Are Protected? • Who can claim copyright • Duration of copyright Examples of copyrightable works include • Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds • Architectural works These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.” w copyright.gov note: Before 1978, federal copyright was generally secured by publishing a work with an appro- priate copyright notice. -
Confusing Patent Eligibility
CONFUSING PATENT ELIGIBILITY DAVID 0. TAYLOR* INTRODUCTION ................................................. 158 I. CODIFYING PATENT ELIGIBILITY ....................... 164 A. The FirstPatent Statute ........................... 164 B. The Patent Statute Between 1793 and 1952................... 166 C. The Modern Patent Statute ................ ..... 170 D. Lessons About Eligibility Law ................... 174 II. UNRAVELING PATENT ELIGIBILITY. ........ ............. 178 A. Mayo Collaborative Servs. v. Prometheus Labs............ 178 B. Alice Corp. v. CLS Bank Int'l .......... .......... 184 III. UNDERLYING CONFUSION ........................... 186 A. The Requirements of Patentability.................................. 186 B. Claim Breadth............................ 188 1. The Supreme Court's Underlying Concerns............ 189 2. Existing Statutory Requirements Address the Concerns with Claim Breadth .............. 191 3. The Supreme Court Wrongly Rejected Use of Existing Statutory Requirements to Address Claim Breadth ..................................... 197 4. Even if § 101 Was Needed to Exclude Patenting of Natural Laws and Phenomena, A Simple Statutory Interpretation Would Do So .................... 212 C. Claim Abstractness ........................... 221 1. Problems with the Supreme Court's Test................221 2. Existing Statutory Requirements Address Abstractness, Yet the Supreme Court Has Not Even Addressed Them.............................. 223 IV. LACK OF ADMINISTRABILITY ....................... ....... 227 A. Whether a -
Standing with a Bundle of Sticks: the All Substantial Rights Doctrine in Action
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 28 XXVIII Number 3 Article 1 2018 Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Mark J. Abate Goodwin Procter LLP, [email protected] Christopher J. Morten Goodwin Procter LLP, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Mark J. Abate and Christopher J. Morten, Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action, 28 Fordham Intell. Prop. Media & Ent. L.J. 477 (2018). Available at: https://ir.lawnet.fordham.edu/iplj/vol28/iss3/1 This Article 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]. Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Cover Page Footnote *Mark Abate, a Partner at Goodwin Procter LLP, concentrates his practice on trials and appeals of patent infringement cases, and has particular expertise in matters involving electronics, computers, software, financial systems, and electrical, mechanical, and medical devices. He has tried cases to successful conclusions in U.S. district courts and the U.S. International Trade Commission and has argued appeals before the U.S. Court of Appeals for the Federal Circuit. He is the former President of both the New York Intellectual Property Law Association and the New Jersey Intellectual Property Law Association, and is a board member of the Federal Circuit Historical Society. -
Patent Law: a Handbook for Congress
Patent Law: A Handbook for Congress September 16, 2020 Congressional Research Service https://crsreports.congress.gov R46525 SUMMARY R46525 Patent Law: A Handbook for Congress September 16, 2020 A patent gives its owner the exclusive right to make, use, import, sell, or offer for sale the invention covered by the patent. The patent system has long been viewed as important to Kevin T. Richards encouraging American innovation by providing an incentive for inventors to create. Without a Legislative Attorney patent system, the reasoning goes, there would be little incentive for invention because anyone could freely copy the inventor’s innovation. Congressional action in recent years has underscored the importance of the patent system, including a major revision to the patent laws in 2011 in the form of the Leahy-Smith America Invents Act. Congress has also demonstrated an interest in patents and pharmaceutical pricing; the types of inventions that may be patented (also referred to as “patentable subject matter”); and the potential impact of patents on a vaccine for COVID-19. As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner’s exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. For patentability, the report details the various requirements that must be met before a patent is allowed to issue. -
Licensing of IP Rights and Competition Law – Note by the United States
Organisation for Economic Co-operation and Development DAF/COMP/WD(2019)58 Unclassified English - Or. English 6 June 2019 DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Licensing of IP rights and competition law – Note by the United States 6 June 2019 This document reproduces a written contribution from the United States submitted for Item 6 of the 131st OECD Competition committee meeting on 5-7 June 2019. More documents related to this discussion can be found at http://www.oecd.org/daf/competition/licensing-of-ip-rights-and-competition-law.htm Please contact Mr. Antonio Capobianco if you have any questions about this document [E-mail: [email protected]] JT03448523 This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. 2 │ DAF/COMP/WD(2019)58 United States 1. Introduction 1. This paper outlines how the United States approaches IP licensing generally.1 The paper first lays some groundwork by explaining the complementary nature of the U.S. intellectual property (IP) law and U.S. antitrust law. It then describes the analytical framework the U.S. Department of Justice (DOJ) and the U.S. Federal Trade Commission (FTC) (collectively “the Agencies”) apply to analyzing the licensing of patents, copyrights, and trade secrets.2 The paper then provides some examples applying this framework to the analysis of common licensing restraints and arrangements. 2. Background on the Relationship Between U.S. -
Horizon Book of Authorities
PATENTED MEDICINE PRICES REVIEW BOARD IN THE MATTER OF THE PATENT ACT R.S.C. 1985, C. P-4, AS AMENDED AND IN THE MATTER OF HORIZON PHARMA PLC (THE “RESPONDENT”) AND THE MEDICINE CYSTEAMINE BITARTRATE SOLD BY THE RESPONDENT UNDER THE TRADE NAME PROCYSBI® BOOK OF AUTHORITIES OF THE RESPONDENT (MOTION TO BIFURCATE, STRIKE EVIDENCE AND FOR THE INSPECTION AND PRODUCTION OF DOCUMENTS) Torys LLP 79 Wellington St. W., Suite 3000 Toronto ON M5K 1N2 Fax: 416.865.7380 Sheila R. Block Tel: 416.865.7319 [email protected] Andrew M. Shaughnessy Tel: 416.865.8171 [email protected] Rachael Saab Tel: 416.865.7676 [email protected] Stacey Reisman Tel: 416.865.7537 [email protected] Counsel to Respondent, Horizon Pharma PLC INDEX 1. Board Decision – Alexion Pharmaceuticals Inc. and the Medicine “Soliris” (September 20, 2017) 2. Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2019 FC 734 3. Celgene Corp. v. Canada (Attorney General), 2011 SCC 1 4. Board Decision – Alexion Pharmaceuticals Inc. and the Medicine “Soliris” (March 29, 2016) 5. Mayne Pharma (Canada) Inc. v. Aventis Pharma Inc., 2005 FCA 50 6. P.S. Partsource Inc. v. Canadian Tire Corp., 2001 FCA 8 7. Harrop (Litigation Guardian of) v. Harrop, 2010 ONCA 390 8. Merck & Co v. Canada (Minister of Health), 2003 FC 1511 9. Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24 10. Merck & Co, Inc. v. Canada (Minister of Health), 2003 FC 1242 11. H-D Michigan Inc. v. Berrada, 2007 FC 995 12. Roger T. Hughes, Arthur Renaud & Trent Horne, Canadian Federal Courts Practice 2019 (Toronto: LexisNexis Canada Inc., 2019) 13. -
Compulsory Patent Licensing: Is It a Viable Solution in the United States Carol M
Michigan Telecommunications and Technology Law Review Volume 13 | Issue 2 2007 Compulsory Patent Licensing: Is It a Viable Solution in the United States Carol M. Nielsen Michael R. Samardzija University of Texas M.D. Anderson Cancer Center Follow this and additional works at: http://repository.law.umich.edu/mttlr Part of the Administrative Law Commons, and the Intellectual Property Law Commons Recommended Citation Carol M. Nielsen & Michael R. Samardzija, Compulsory Patent Licensing: Is It a Viable Solution in the United States, 13 Mich. Telecomm. & Tech. L. Rev. 509 (2007). Available at: http://repository.law.umich.edu/mttlr/vol13/iss2/9 This Symposium Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Telecommunications and Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. COMPULSORY PATENT LICENSING: IS IT A VIABLE SOLUTION IN THE UNITED STATES? Carol M. Nielsen* Michael R. Samardzija** Cite as: Carol M. Nielsen and Michael R. Samardzija, Compulsory Patent Licensing: Is It a Viable Solution in the United States?, 13 MICH. TELECOMM. TECH. L. REV. 509 (2007), available at http://www.mttlr.org/volthirteen/nielsen&samardzija.pdf As technology continues to advance at a rapid pace, so do the number of patents that cover every aspect of making, using, and selling these innovations. In 1996, to compound the rapid change of technology, the U.S. Supreme Court affirmed that business methods are also patentable. -
From Property Right to Copyright: a Conceptual Approach and Justifications for the Emergence of Open Access
From Property Right to Copyright: A Conceptual Approach and Justifications for the Emergence of Open Access Nikos Koutras* Abstract vate property that lead to evolution, production and personal growth. Additionally, the concept of property This article relies on the premise that to understand the sig- has evolved from Plato’s joint ownership theory to full nificance of Open Access Repositories (OARs) it is necessary liberal ownership theory and moved in the direction set to know the context of the debate. Therefore, it is necessary by Aristotle. The concept of private property has been to trace the historical development of the concept of copy- considered similarly by following philosophers with right as a property right. The continued relevance of the Aristotle’s conception. rationales for copyright interests, both philosophical and However, Plato’s ideas about the concept of property for pragmatic, will be assessed against the contemporary times communal use is a more desirable model, which can jus- of digital publishing. It follows then discussion about the rise tify the philosophy of OA. The origins of the notion of of Open Access (OA) practice and its impact on convention- property lie in his philosophy; in accordance with his al publishing methods. The present article argues about the ideas, the concept of property was introduced as joint proper equilibrium between self-interest and social good. In ownership in terms of social justice and, moreover, as a other words, there is a need to find a tool in order to bal- beneficial tool to support the growth of the whole ance individuals’ interests and common will. -
What's So Special About Patent Law?
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Fordham University School of Law Fordham Intellectual Property, Media and Entertainment Law Journal Volume 26 Volume XXVI Number 4 Volume XXVI Book 4 Article 1 2016 What’s So Special About Patent Law? Michael Goodman George Washington University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Michael Goodman, What’s So Special About Patent Law?, 26 Fordham Intell. Prop. Media & Ent. L.J. 797 (2016). Available at: https://ir.lawnet.fordham.edu/iplj/vol26/iss4/1 This Article 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]. What’s So Special About Patent Law? Cover Page Footnote Frank H. Marks Visiting Associate Professor of Law, George Washington University School of Law. University of Mary Washington, B.S.; Duke Law School, J.D.; Emory University, M.A./Ph.D. I am grateful to Gregory Dolin, William Hubbard, and Kristina Caggiano Kelly for their thoughtful comments on early drafts and to Melody for the time to write. This article is available in Fordham Intellectual Property, Media and Entertainment Law Journal: https://ir.lawnet.fordham.edu/iplj/vol26/iss4/1 What’s So Special About Patent Law? Michael Goodman* The widespread belief that patent law is special has shaped the de- velopment of patent law into one of the most specialized areas of the law today. -
Basic Facts About Trademarks United States Patent and Trademark O Ce
Protecting Your Trademark ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION Basic Facts About Trademarks United States Patent and Trademark O ce Published on February 2020 Our website resources For general information and links to Frequently trademark Asked Questions, processing timelines, the Trademark NEW [2] basics Manual of Examining Procedure (TMEP) , and FILERS the Acceptable Identification of Goods and Services Manual (ID Manual)[3]. Protecting Your Trademark Trademark Information Network (TMIN) Videos[4] Enhancing Your Rights Through Federal Registration Tools TESS Search pending and registered marks using the Trademark Electronic Search System (TESS)[5]. File applications and other documents online using the TEAS Trademark Electronic Application System (TEAS)[6]. Check the status of an application and view and TSDR download application and registration records using Trademark Status and Document Retrieval (TSDR)[7]. Transfer (assign) ownership of a mark to another ASSIGNMENTS entity or change the owner name and search the Assignments database[8]. Visit the Trademark Trial and Appeal Board (TTAB)[9] TTAB online. United States Patent and Trademark Office An Agency of the United States Department of Commerce UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS CONTENTS MEET THE USPTO ������������������������������������������������������������������������������������������������������������������������������������������������������������������ 1 TRADEMARK, COPYRIGHT, OR PATENT �������������������������������������������������������������������������������������������������������������������������� -
Infringement of the Exclusive Right to Prepare Dreivative Works: Reducing Uncertainty Michael Wurzer
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1989 Infringement of the Exclusive Right to Prepare Dreivative Works: Reducing Uncertainty Michael Wurzer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Wurzer, Michael, "Infringement of the Exclusive Right to Prepare Dreivative Works: Reducing Uncertainty" (1989). Minnesota Law Review. 1958. https://scholarship.law.umn.edu/mlr/1958 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Infringement of the Exclusive Right to Prepare Derivative Works: Reducing Uncertainty The Copyright Act of 1976 grants to all copyright holders an exclusive right to prepare derivative works.1 Some courts require that a derivative work prepared by a person other than the copyright holder be "substantially similar" to the preexist- ing work in order to find infringement of the copyright holder's right.2 The "substantial similarity" requirement does not serve the purposes of copyright law because it is too vague and pro- vides copyright owners no predictability regarding the scope of protection,3 especially in cases involving computer software. Courts therefore need to reevaluate the use of the substantial 1. The relevant portion of the exclusive rights section of the Copyright Act of 1976 states: "Subject to sections 107 through 118, the owner of copyright under this ti- tle has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare de- rivative works based upon the copyrighted work; ...." Copyright Act of 1976, Pub.