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The Changing Face of US Patent Law and its Impact on Business Strategy

Edited by Daniel R. Cahoy, Associate Professor of Business Law, Pennsylvania State University, Smeal College of Business and Lynda J. Oswald, Professor of Business Law, University of Michigan, Stephen M. Ross School of Business, US
Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy.
Extent: 256 pp
Hardback Price: $128.00 Web: $115.20
Publication Date: 2013
ISBN: 978 1 78100 784 6
Availability: In Stock
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  • Business and Management
  • International Business
  • Law and Business
  • Law - Academic
  • Intellectual Property Law
  • Law and Business
Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy.

The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit’s special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades.

This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.
‘Daniel Cahoy and Lynda Oswald have brought together some of the country’s most prominent patent scholars outside the legal discipline. From the Leahy–Smith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.’
– Peter K. Yu, Drake University, Law School, US
Contributors: C. Aceves, T.L. Anenson, D.L. Baumer, R.C. Bird, D.R. Cahoy, W.M. Chumney, J. Gehman, D.M. Gitter, Z. Lei, G. Mark, S.J. Marsnik, D. Orozco, L.J. Oswald, R.B. Sawyers, R.E. Thomas
Contents:

Introduction

PART I: INFLUENCES ON PATENT POLICY
1. Coalition Formation and Battles to Effect Intellectual Property Policy Change in the Age of ACTA, AIA and the SHIELD Act
Robert E. Thomas and Cassandra Aceves

2. Administrative Patent Levers in the Software, Biotechnology and Clean Technology Industries
David Orozco

PART II: REVISIONS TO PATENT APPLICATION PROCESS
3. The America Invents Act, Patent Priority, and Supplemental Examination
Robert C. Bird

4. Inequitable Conduct after Therasense and the America Invents Act
T. Leigh Anenson and Gideon Mark

5. The Patenting of a Profession—Accounting in the Crosshairs
Wade M. Chumney, David L. Baumer and Roby B. Sawyers

PART III: CHANGES TO THE SCOPE OF ENFORCEMENT AND INFRINGEMENT
6. Unexpected Hazards of a Specialized Patent Court: Lessons from Joint Infringement Doctrine
Lynda J. Oswald

7. The Transformation of Patents into Information Containment Tools
Daniel R. Cahoy, Joel Gehman and Zhen Lei

8. Will the America Invents Act Post-grant Review Improve the Quality of Patents? A Comparison with the European Patent Office Opposition
Susan J. Marsnik

PART IV: EMERGENCE OF EXCLUSION SYSTEMS BEYOND PATENTS
9. Biopharmaceuticals under the Patient Protection and Affordable Care Act: Determining the Appropriate Market and Data Exclusivity Periods
Donna M. Gitter

Index