To Promote Innovation: The Proper Balance of Competition and Patent Law and PolicyDIANE Publishing, 2003 Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy. |
Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
2/8 Patent Session 21st Century Strategic antitrust law Blackburn 2/26 business method patents Century Strategic Plan challenge claimed invention Cohen commercial success Competition and Intellectual competition and patent competitors concerns Court Detkin disclosure discussing doctrine doctrine of equivalents drug ECON economic Federal Circuit Federal Trade Commission filing firms follow-on innovation Hearings hereinafter infra Ch initial innovator Intellectual Property Law inter partes reexamination inventors issues Kesan Kushan Law and Policy Lemley licensing litigation market power Navigating the Patent nonobviousness Patent and Trademark patent applications Patent Examining patent law patent policy patent pools patent protection patent quality patent rights patent system Patent Thicket patentable subject matter post-grant review potential prior art procedures Professor PTO's Public questionable patents requirement research tools royalty Scotchmer semiconductor Software Patents standard stmt strategy suggested supra Ch Trademark Office United States Patent validity written description Ziedonis
Suositut otteet
Sivu 20 - The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Sivu 2 - A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Sivu 44 - Nor shall anything contained in this section prevent a corporation engaged in commerce or in any activity affecting commerce from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substantially lessen competition.
Sivu 32 - States before the invention thereof by the applicant for patent, or "(f) he did not himself invent the subject matter sought to be patented, or "(g) before the applicant's invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it. In determining priority of invention...
Sivu 32 - In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
Sivu 44 - This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation engaged in commerce from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof...
Sivu 2 - ... (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States...
Sivu 43 - Every contract, combination, in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in .restraint of trade or commerce between any such Territory and another, or between any such Territory or territories and any State or states or the District of Columbia, or with foreign nations...
Sivu 43 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal . . . Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments,...
Sivu 36 - Act to engage in the commercial manufacture, use, or sale of a drug or veterinary biological product claimed in a patent or the use of which is claimed in a patent before the expiration of such patent.