Fundamentals of Patent Law

Matt Fisher is a Lecturer in Law at the University of Bristol.

Introduction PART I-HISTORICAL AND ECONOMIC FACTORS 1 The British Tradition BASIC CLAIM THEORY THE TRADITIONAL BRITISH APPROACH THE PITH AND MARROW 2 History of the Patent System-The Canvas Prepared INTRODUCTION THE STATUTE OF VENICE EARLY ENGLISH GRANTS A NEW POLICY OF MONOPOLY GRANT NOVELTY AND CONSIDERATION THE PROBLEM OF ODIOUS MONOPOLIES JUDGING MONOPOLY AT COMMON LAW BATTLES OF A KING THE STATUTE OF MONOPOLIES A LEGISLATIVE AFTERMATH ISSUES OF JURISDICTION CONSIDERATION REVISITED-THE BIRTH AND GROWTH OF THE SPECIFICATION THE NOVELTY OF NASMITH A PRACTICE ACCEPTED LIARDET v JOHNS CONCLUSION 3 Patents within the Market Economy (Part I)-Classical Economics and Philosophy PREFACE INTRODUCTION PATENTS WITHIN THE MARKET ECONOMY PROPERTY AND PATENTS CLASSICAL JUSTIFICATIONS OF PROPERTY IN THE INTANGIBLE- THE PATENT THE NATURAL RIGHT THEORY THE REWARD BY MONOPOLY THEORY THE INCENTIVE TO INVENT THEORY THE EXCHANGE FOR SECRETS THEORY POSTSCRIPT 4 Patents within the Market Economy (Part II)-Does the Philosophy fit the Facts? INTRODUCTION WHY PATENT? DRAFTING A PATENT: DETERMINANTS OF SCOPE THE DRAFTING OF THE SPECIFICATION LITERAL OR LIBERAL INTERPRETATION? CONCLUSION 5 Patents within the Market Economy (Part III)-Post-Classical Economic Thought & Theories of Protection SOME BASICS OF ECONOMIC ANALYSIS PATENTS AS MONOPOLIES-WHAT'S IN A WORD? THE ECONOMIC ARGUMENT FOR THE PATENT SYSTEM POST-CLASSICAL MODELS AND JUSTIFICATIONS THE PATENT-INDUCED INNOVATION THEORY A BRIEF ASIDE-THE PROBLEM OF CUMULATIVE RESEARCH THE PROSPECT THEORY THE RACE-TO-INVENT THEORY THE RENT DISSIPATION THEORY RECENT ALTERNATIVES CLOSING COMMENTS PART II-COMPARATIVE FACTORS 6 America-Promoting the Useful Arts PREFACE INTRODUCTION EARLY HISTORY GRAVER TANK THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT NARROWING THE DOCTRINE OF EQUIVALENTS WARNER-JENKINSON: THE SUPREME COURT REVISITS EQUIVALENTS MANI-FESTO FOR THE FUTURE? POSTSCRIPT: THE CAFC REVISITS FESTO CONCLUSION 7 Germany-A Tradition of Expansive Interpretation PREFACE ARTICLE 69 AND THE PROTOCOL: A BRIEF HISTORY GERMANY: THE HISTORICAL PERSPECTIVE THE THREE-PART DOCTRINE THE FOURTH PERIOD FORMSTEIN POST-FORMSTEIN SOLIDIFICATION OF APPROACH EPILADY IMPLICATIONS AND RECENT PRACTICE CONCLUSION 8 Japan-'And we shall have Patents' PREFACE BRIEF HISTORY THE 1885 ORDINANCE POST-CONVENTION-INCREMENTAL DEVELOPMENT CULTURAL FORMATTING-INSTITUTIONAL COLLECTIVISM? CONTINUED PRESSURE FOR REFORM POLICY REFORMS THE BALL SPLINE DECISION CONCLUSION 9 From Pith to Purpose-British Claim Interpretation under the Protocol PREFACE PATENTS IN TRANSITION THE CATNIC LEGACY PROBLEMS WITH APPLICATION OF THE TEST POST CATNIC CATNIC BEGETS IMPROVER IMPROVER AT FULL TRIAL: REFORMULATION OF THE TEST IMPROVER ACCEPTED REBELLION INSTIGATED ... REBELLION QUASHED IMPROVER BEGETS THE PROTOCOL QUESTIONS SYSTEMIC CHANGE KIRIN-AMGEN TO THE COURT OF APPEAL CONCLUSION 10 Kirin-Amgen and Beyond-Cast Adrift on a Sea of Uncertainty? INTRODUCTION IN THE INTERIM A PROTOCOL REMASTERED KIRIN-AMGEN IN THE LORDS COMMENT ON KIRIN POST KIRIN-AMGEN: ADRIFT ON A SEA OF UNCERTAINTY CONCLUSION 11 A Summary THE JOURNEY SO FAR OF FAIRNESS, CERTAINTY AND HARMONISATION SO WHERE NOW? TO CONCLUDE