Patents for Development
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Patents for Development

Improved Patent Information Disclosure and Access for Incremental Innovation

9781785368608 Edward Elgar Publishing
Nefissa Chakroun, LLM, PhD, Centre for Commercial Law Studies (CCLS), Queen Mary, University of London (QMUL), UK and Senior Public Service Counsellor
Publication Date: 2016 ISBN: 978 1 78536 860 8 Extent: 296 pp
This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. The book offers a critical analysis of the disclosure requirements of the patent system as well as an in-depth examination of the ways in accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development

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When submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while the TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development.

Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system, as well as an in-depth examination of the ways in accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development.

A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.
Critical Acclaim
‘Nefissa Chakroun tackles patent information, a fundamental element of the patent bargain – indeed perhaps the most important one. Whether making it easier to obtain and enforce patents always leads to more innovation is highly debatable, but the disclosure function of patents, if fully realized, can be a most positive factor. This book explains both the inadequacy of substantive rules and the administrative deficiencies in optimizing the availability and role of patent information. It offers specific guidance on technology transfers especially for developing nations, using Tunisia as an example. The last chapter contains a unique and most useful policy toolbox.’
– Daniel Gervais, Vanderbilt University Law School, US
Contents
Contents: 1. Introduction: Context and Importance of Patent Information for Development 2. The Significance of Patent Information 3. The Foundation of a Right to Patent Information 4. The Inadequacy of the Disclosure Requirement 5. Access to and Retrieval of Patent Documents 6. Transferring Technologies Utilising Patent Information 7. The Case of Tunisia 8. Improving Developing Countries’ Capacity to Utilise Patent Information for Development 9. Conclusion: Policy for Promoting Incremental Innovation and Development Through Exploitation of Patent Information Index


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