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Research Handbook on Patent Law and Theory

Second Edition Edited by Toshiko Takenaka, Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington, School of Law and Professor of Law, Keio Law School, Of Counsel, Seed IP Law Group, US
This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
Extent: 512 pp
Hardback Price: $290.00 Web: $261.00
Publication Date: 2019
ISBN: 978 1 78536 411 2
Availability: Not yet published (pre-order)
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  • Innovation and Technology
  • Intellectual Property
  • Law - Academic
  • Intellectual Property Law
This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.

Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed.

Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.
‘The second edition brings the marvelous first edition up to date and adds a number of new and useful chapters. It is essential reading for student and practitioners of comparative patent law. Moreover, its comparative focus is illuminating for those who specialize in a single country's patent law by providing an enlarged perspective.’
– Martin J. Adelman, George Washington University Law School, US

‘Professor Takenaka’s Research Handbook on Patent Law and Theory is out in its second edition. It is a solid piece of work, sketching not only patent law's doctrinal bases, but also its practice. Highly recommended for patent attorneys, patent litigators, and policy makers alike!’
– Christoph Ann, TUM School of Management, Germany
Contributors: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Göetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Müller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. Thomas

Contents:

PART I FOUNDATION
1. History of the patent system
John N. Adams

2. International treaties and patent law harmonization: today and beyond
Tomoko Miyamoto

3. Patents and policies for innovations and entrepreneurship
Ove Granstrand

PART II EXAMINATION PROCEDURE
4. Trilateral cooperation – mutual exploitation of search and examination results among patent offices – has been evolving into Global Cooperation as in the case of IP5 Offices
Shinjiro Ono

5. Patenting software-related inventions in Europe
Stefan Schohe, Christian Appelt, and Heinz Goddar

6. Patenting inventions in medical sciences
Jan B. Krauss

7. A comparative approach to the inventive step
Amy L. Landers

8. The Lilly written description requirement: A doctrinal ‘wild card’ of uncertain effect
Christopher M. Holman

PART III PATENT ENFORCEMENT
9. Claim construction under U.S. and German patent acts: wording used in the claims and the invention disclosed in the specification
Toshiko Takenaka and Christof Karl

10. The scope of patent protection for spare parts and its extension through other tools of intellectual property
Horst Peter Götting and Sven Hetmank

11. Patent enforcement in Germany
Tilman Müller-Stoy

12. The theory and practice of patent damages in Japan and the U.S. – explaining the differences that remain
Christoph Rademacher

13. Resolving patent disputes in a global economy
Rochelle Dreyfuss

14. Specialized IP courts: the Unified Patent Court (UPC)
Stefan Luginbuehl and Dieter Stauder

PART IV CURRENT ISSUES
15. Pharmaceutical patents
John Thomas

16. Patent litigation reform in the United States
Greg Reilly

17. Design patent—utility patent intersection
Xuan Thao Nguyen

18. Current controversies concerning patent rights and public health in a world of international norms
Cynthia Ho

Index