Fundamentals of Patent Law

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