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The Patentability of Software: Software as Mathematics (Routledge Research in Intellectual Property)

This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics’, and therefore software’s, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.

The Patentability of Synthetic Biology Inventions: New Technology, Same Patentability Issues?

This book addresses Synthetic Biology (SynBio), a new and promising biotechnology that has attracted much interest from both a scientific and a policy perspective. Yet, questions concerning the patentability of SynBio inventions have not been examined in detail so far; as a result, it remains unclear whether these inventions are patentable on the basis of current norms and case law. The book addresses this question, focusing especially on the subject matter’s eligibility and moral criteria. It provides an overview of the legislation and decisions applicable to SynBio patents and examines this new technology in view of the ongoing debate over the patentability of biotechnologies in general. The legal analysis is complemented by the practical examination of several patent applications submitted to the European and US patent offices (EPO and USPTO), and by an assessment of the patent issues that are likely to be raised by future SynBio developments.

Patenting Lives: Life Patents, Culture and Development (Intellectual Property, Theory, Culture)

Patenting Lives includes contributions from various interests and perspectives, both in the context of current international developments in life patents and the global agenda of harmonization of international intellectual property. The book is divided into five sections reflecting the critical issues arising from patents and biotechnology - Context; Human Rights and Ethical Frameworks; Medicine and Public Health; Traditional Knowledge; and Agriculture. The international contributors from government, civil society, academia and the private sector provide diverse perspectives on life patents and the facilitation of social, cultural and economic development in the context of international principles of trade.

Patenting Nanomedicines

"Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focusses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions as to whether the research groups, academics, industry and other stakeholders should work in unison or independently, if innovation or adaptation of new technology should be prioritized, public versus private research funding, and safeguarding versus sharing knowledge. However, despite its increasing importance for humankind, it is a matter of concern as to whether technological development can really be stimulated by patent protection. An intellectual property strategy should aim to develop a qualitative patent portfolio for continuous learning. This book addresses questions of ethics, socio-political policies and regulatory aspects of novel Nanomedicine-based products which are currently under development for the diagnosis and treatment of different types of diseases. It is divided in two parts - Part I is composed of the first 3 chapters, which focus on the "fundamentals" of legal aspects, emerging threats, advantages and disadvantages of patenting Nanomedicines, whereas Part II collects 12 chapters discussing different types of Nanomedicine-based products, their potential marketing aspects and patent protection. Whenever applied, each chapter offers a list of patents, based on a specific application in drug delivery and targeting. An outstanding team of 53 authors have contributed to this book, which will be of interest to professionals from the field of patent examiners, academics, researchers and scientists, students and other practitioners.

Patenting of Pharmaceuticals and Development in Sub-Saharan Africa

This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter "SSA" or "Africa"). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime's inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.

Patentrecht für Studierende der Naturwissenschaften: Eine kompakte Einführung in die Grundlagen

Dieses Lehrbuch bietet einen kompakten Einstieg in das Patentrecht für Studierende der Naturwissenschaften. Es präsentiert das wesentliche Grundwissen zum deutschen und europäischen Patentrecht. Dabei vertieft sich das Buch bewusst nicht in selten auftretende Spezialfälle oder juristische Feinheiten, sondern es ermöglicht den Lesern, ein Grundverständnis für die zentralen Begriffe und Grundprinzipien des Patentrechts zu entwickeln. Das Lehrbuch enthält zahlreiche Kurzbeispiele und Fallfragen mit Lösungen, anhand derer der Leser die Inhalte verstehen und nachvollziehen kann.

Patents and Innovation in China and Hong Kong: Two Systems in One Country Compared

How do patents affect innovation in Mainland China and Hong Kong? How can two patent systems operate within one country and how is innovation affected by the 'one country two systems' model? For the first time, this book links these challenging issues together and provides a comprehensive overview for government officials, law-makers, academics, law practitioners and students to understand the patent systems of Mainland China and Hong Kong. Themes examined include the interaction between the two distinctive patent regimes, the impact of patents on innovation in China's specific industries such as green tech, traditional Chinese medicines and telecommunications, the role of utility models in inflating low-quality patents and the application of good faith principle in enforcing FRAND in Mainland China, patent system reforms in Hong Kong, and the impact of these changes on innovation in the two vastly distinctive yet closely connected jurisdictions.

Patents, Copyrights & Trademarks For Dummies

Useful tips and step-by-step guidance from filing to issue to licenseAcquire and protect your share of this major business assetWant to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how -- helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!Discover how to:Avoid application blundersRegister trademarks and copyrightsMeet patent requirementsNavigate complex legal issuesProtect your rights abroadThe entire body of U.S. patent lawsExample office actions and amendmentsSample formsTrademark registration certificatesApplication worksheetsSee the CD appendix for details and complete system requirements.Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.

Patents for Power: Intellectual Property Law and the Diffusion of Military Technology

In an era when knowledge can travel with astonishing speed, the need for analysis of intellectual property (IP) law—and its focus on patents, trade secrets, trademarks, and issues of copyright—has never been greater. But as Robert M. Farley and Davida H. Isaacs stress in Patents for Power, we have long overlooked critical ties between IP law and one area of worldwide concern: military technology. This deft blend of case studies, theoretical analyses, and policy advice reveals the fundamental role of IP law in shaping how states create and transmit defense equipment and weaponry. The book probes two major issues: the effect of IP law on innovation itself and the effect of IP law on the international diffusion, or sharing, of technology. Discussing a range of inventions, from the AK-47 rifle to the B-29 Superfortress bomber to the MQ-1 Predator drone, the authors show how IP systems (or their lack) have impacted domestic and international relations across a number of countries, including the United States, Russia, China, and South Korea. The study finds, among other results, that while the open nature of the IP system may encourage industrial espionage like cyberwarfare, increased state uptake of IP law is helping to establish international standards for IP protection. This clear-eyed approach to law and national security is thus essential for anyone interested in history, political science, and legal studies.

Patents for Power: Intellectual Property Law and the Diffusion of Military Technology

In an era when knowledge can travel with astonishing speed, the need for analysis of intellectual property (IP) law—and its focus on patents, trade secrets, trademarks, and issues of copyright—has never been greater. But as Robert M. Farley and Davida H. Isaacs stress in Patents for Power, we have long overlooked critical ties between IP law and one area of worldwide concern: military technology. This deft blend of case studies, theoretical analyses, and policy advice reveals the fundamental role of IP law in shaping how states create and transmit defense equipment and weaponry. The book probes two major issues: the effect of IP law on innovation itself and the effect of IP law on the international diffusion, or sharing, of technology. Discussing a range of inventions, from the AK-47 rifle to the B-29 Superfortress bomber to the MQ-1 Predator drone, the authors show how IP systems (or their lack) have impacted domestic and international relations across a number of countries, including the United States, Russia, China, and South Korea. The study finds, among other results, that while the open nature of the IP system may encourage industrial espionage like cyberwarfare, increased state uptake of IP law is helping to establish international standards for IP protection. This clear-eyed approach to law and national security is thus essential for anyone interested in history, political science, and legal studies.

Patents on Life: Religious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property

This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants – and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.

Patents, Registered Designs, Trade Marks and Copyright For Dummies

Do you have a great idea for the next big thing, an eye-catching new corporate logo, or an exciting new business concept? Understand how to safeguard your ideas and creations with this expert guide to the fundamentals of intellectual property. Walking you step-by-step through the processes involved in protecting your great ideas, this book offers all the advice you need to ensure that you're the only one cashing in on your creativity and hard work.

Patentstrategien: Patentanmeldestrategien und Abwehr störender Patente

Patentstrategien können in Patentanmeldestrategien und Strategien zur Abwehr störender Patente unterteilt werden. In aller Regel werden Patente und nicht Patentanmeldungen als störend empfunden, da Patentanmeldungen im Gegensatz zu Patenten nicht durchgesetzt werden können bzw. da es noch überhaupt nicht bekannt ist, was überhaupt der Schutzbereich eines durchsetzungsfähigen Patents aus der Anmeldung sein wird. Der Schutzumfang wird erst durch die Patenterteilung bestimmt. Dann ist es möglich, dass der Schutzumfang der erteilten Anmeldung nicht mehr stört, da das eigene Produkt keine Patentverletzung darstellt. Außerdem ist es möglich, dass sich aus einer Patentanmeldung überhaupt kein Schutzbereich ergibt, da die Patentanmeldung zurückgewiesen wird. Eine Patentanmeldung ist eben ein noch ungeprüftes Schutzrecht. Ein eingetragenes Gebrauchsmuster ist ebenfalls ein ungeprüftes Schutzrecht, obwohl es als vollständig durchsetzbares Schutzrecht gilt. Dennoch wird es der Inhaber eines eingetragenen Gebrauchsmusters schwer haben, eine einstweilige Verfügung ohne vorherige mündliche Anhörung der Gegenseite zu erhalten. Die Chancen hierfür sind bei einem Patent deutlich besser.Der Anmelder einer Patentanmeldung wird sich spätestens kurz vor Ablauf des Prioritätsjahrs vor die Frage gestellt sehen, ob er Nachanmeldungen in ausländischen Ländern vornehmen soll. Hierbei ist es relevant, in welchen Ländern wichtige Märkte für ihn sind und in welchen Ländern die Wettbewerber ihre Produktionsanlagen haben. Außerdem benötigt der Anmelder Informationen, wie am effektivsten und am kostengünstigsten Nachanmeldungen vorzunehmen sind bzw. welche Patentanmeldestrategien angewandt werden können. Dieses Fachbuch gibt dem Leser die Informationen an die Hand, die geeignete Anmeldestrategie zu finden und störende Patente abzuwehren.

Paternalism Beyond Borders

Nearly all of those who want to make the world a better place are engaged in paternalism. This book asks how power is intertwined with practices of global compassion. It argues that the concept of paternalism illuminates how care and control are involved in the everyday practices of humanitarianism, human rights, development and other projects designed to improve the lives of others. The authors explore whether and how the paternalism of the nineteenth century differs from the paternalism of today, and offer a provocative look at the power in global ethics, raising the question of whether, when, and how paternalism can be justified.

The Path of a Genocide: The Rwanda Crisis from Uganda to Zaire

The Great Lakes region of Africa has seen dramatic changes. After a decade of war, repression, and genocide, loosely allied regimes have replaced old-style dictatorships. The Path of a Genocide examines the decade (1986-97) that brackets the 1994 genocide in Rwanda. This collection of essays is both a narrative of that event and a deep reexamination of the international role in addressing humanitarian issues and complex emergencies.Nineteen donor countries and seventeen multilateral organizations, international agencies, and international nongovernmental organizations pooled their efforts for an in-depth evaluation of the international response to the conflict in Rwanda. Original studies were commissioned from scholars from Uganda, Rwanda, Zaire, Ethiopia, Norway, Great Britain, France, Canada, and the United States. While each chapter in this volume focuses on one dimension of the Rwanda conflict, together they tell the story of this unfolding genocide and the world's response.The Path of a Genocide offers readers a perspective in sharp contrast to the tendency to treat a peace agreement as the end to conflict. This is a detailed effort to make sense of the political crisis and genocide in Rwanda and the effects it had on its neighbors.

The Path of Flames: Understanding and Responding to Fatal Wildfires

The Path of Flames: Understanding and Responding to Fatal Wildfires is an edited volume covering the complexities of response and recovery issues relative to catastrophic wildfires. As wildfires become more frequent throughout the world—and the loss of life greater, especially among residents trapped in the path of the flames—it is essential that agencies in fire-prone areas understand the complexity of the response as it relates to finding and identifying the remains of those who perished. While covering wildfire dynamics, risks for vulnerable populations, and the emergency response to wildfires, this book focuses largely on the recovery of human remains within the context of the overall response to mass disasters resulting from wildfires. As such, search protocols, staffing needs, pre-event coordination and organization, and logistical support are addressed. The scientific basis for understanding how fire will affect human remains—as well as how the level of destruction can be interpreted—is also addressed. Recognizing the multidisciplinary nature of the field, this volume covers forensic issues relating to the recovery of remains, forensic anthropology, DNA analysis, forensic odontology, and forensic pathology. The book also includes contributions from international wildfire response professionals looking at global best practices in wildfire response and human remains recovery. Specifically, several chapters cover the lessons learned from the devasting Camp Fire of 2018 in California that led to the deaths of 85 people. The Camp Fire burned nearly 19,000 structures and was ultimately the most destructive—and deadly—in California’s history. The Path of Flames is a one-of-a-kind reference that serves as a valuable resource for professionals working in the areas of emergency services, search and rescue, law enforcement, fire service, disaster planning and response, victim recovery and identification, and mass disaster and mass fatality response.

The Path of the Law

The Path to and From the Supreme Court: The Supreme Court in American Society (The\supreme Court In American Society Ser. #Vol. 3)

Available as a single volume or part of the 10 volume set Supreme Court in American Society

Pathologies of Climate Governance: International Relations, National Politics and Human Nature

Earth's climate is in crisis. Climate governance has failed. This book diagnoses climate governance as if it were a sick patient, uncovering the fundamental factors causing the worsening climate crisis. It distils decades of global climate negotiations to reveal the features of international relations that are impeding climate action, and it identifies political obstacles to climate governance across a variety of countries in the Americas, Asia, and Europe. The psychosocial aspects of climate change are explored to show how human nature, overconsumption, and global capitalism conspire to stymy climate action. Remedies are suggested for how to overcome hurdles to effective climate governance internationally and nationally, with ideas provided for individuals to help them align their own interests with those of the global environment. Covering all of the major recent events in climate politics and governance, this is an accessible book for concerned readers who want to understand the climate crisis.

The Pathologies of Individual Freedom: Hegel's Social Theory (Princeton Monographs in Philosophy #30)

This is a penetrating reinterpretation and defense of Hegel's social theory as an alternative to reigning liberal notions of social justice. The eminent German philosopher Axel Honneth rereads Hegel's Philosophy of Right to show how it diagnoses the pathologies of the overcommitment to individual freedom that Honneth says underlies the ideas of Rawls and Habermas alike. Honneth argues that Hegel's theory contains an account of the psychological damage caused by placing too much emphasis on personal and moral freedom. Although these freedoms are crucial to the achievement of justice, they are insufficient and in themselves leave people vulnerable to loneliness, emptiness, and depression. Hegel argues that people must also find their freedom or "self-realization" through shared projects. Such projects involve the three institutions of ethical life--family, civil society, and the state--and provide the arena of a crucial third kind of freedom, which Honneth calls "communicative" freedom. A society is just only if it gives all of its members sufficient and equal opportunity to realize communicative freedom as well as personal and moral freedom.

Pathology (Solving Crimes With Science: Forensics #12)

"Real-life" crime dramas on television intrigue us with the details of postmortem examinations leading to the arrest of murder suspects--but how do forensic pathologists, the doctors who investigate unnatural deaths and chilling crime scenes, actually bring criminals to justice? The story lies in the body of evidence. Literally. The human body provides a wealth of scientific evidence that allows forensic pathology, or legal medicine, to help resolve criminal cases and convict even most elusive perpetrators. The human body records the story of a crime in the language of cuts, wounds, and bruises, and in the fingerprints and bloodstains. Forensic pathologists are trained to scrutinize and interpret this evidence in ways no other scientist can. Examining victims' remains from the outside in, forensic pathologists investigate every inch of the human landscape to discover when, how, and why the victim died. Sometimes, a time of death is all a jury needs to convict a suspect of murder, and forensic pathologists are experts at uncovering this crucial evidence. Visiting crime scenes, collecting bodies in the middle of the night, and excavating suspicious burial grounds are all in a day's work for the sake of bringing justice to victims who can no longer speak for themselves.

The Pathology of Normalcy

The legendary social psychologist and New York Times–bestselling author meditates on ideas of mental health and normalcy in contemporary society. At the beginning of the 1950s, Erich Fromm increasingly questioned whether people in contemporary industrial society were mentally healthy. Eventually the topic of various lectures, Fromm&’s new social psychoanalytic approach enabled him to further develop the psychoanalytic method into a comprehensive critique of the pathology of the &“normal,&” socially adjusted human being. He was thus able to subject to a radical analysis the widespread strivings that dominate behavior in society—and therefore question what is &“normal,&” what is beneficial to mental health, and what makes people ill. In The Pathology of Normalcy, Fromm examines the concepts of mental health and mental illness in modern society. He discusses, through a series of lectures, subjects including a frame of reference for evaluating mental health, the relationship between mental health issues and alienation, and the connection between psychological and economic theory. Finally, he elucidates how humanity can overcome &“the insane society,&” as well as its own innate laziness.

Pathology of Sharp Force Trauma

Pathology of Sharp Force Trauma illustrates and details sharp force trauma as seen in forensic pathology case work as well as in the clinical setting, outlining how one informs the other in interpreting such trauma for medico-legal purposes. For the purposes of discussion, the author defines sharp force trauma as: "The application of force to produce an injury which results in a clear division or separation of the skin and underlying tissues". Sharp force trauma may be caused by all manner of implements with a sharp edge and/or pointed end, whether or not they have been produced for use as a weapon, and includes knives, broken glass, scissors and many others, to name but a few. Certain tools, such as axes or machetes, combine a sharp edge with heavy weight and produce injuries with both sharp and blunt impact elements. In many countries, with the exception of those where firearms are readily available, sharp force trauma—particularly the use of knives—is the most common method of homicide and a frequent source of morbidity seen in emergency departments. Also, there has recently been an alarming upsurge in the use of knives in gang-related assaults and in terrorist incidents. As such, the book takes a comprehensive approach in explaining the different aspects of such trauma, most importantly the manner in which the victim has died. This includes cases of homicide, suicide or accident, indicating the type of weapon responsible, explaining how it was used, and presenting other such information to the investigation of such cases. Features: • Includes over 400 full-color graphic and illustrative images throughout • Addresses all aspects of the investigation including trauma, crime scene findings, post-mortem examination, characteristics of injuries and categorization into homicide, suicide or accident • Covers the biomechanics of knife trauma and tool mark examination techniques to identify implements used • Illustrates penetrating injuries caused by pointed implements which have linear components, such as arrows, nails, spears, stakes and others • Details cutting, penetrating, and other sharp force injuries resulting from medical intervention in a healthcare environment, such as might occur during surgical procedures • Examines sharp injuries caused by domesticated and wild animals • Written by one of the premier forensic pathologists in the world with over 40 years of first-hand case experience Pathology of Sharp Force Trauma is the first substantive book published in English to look exclusively at this subject. Although primarily intended for pathologists and clinicians who are involved in the examination of such injuries in the post-mortem room or in a hospital environment, it will also be of interest to medical examiners, police and criminal investigators, attorneys and legal professionals, personnel in other forensic disciplines, and all doctors and medical students with an interested in trauma and its management.

Pathology of the Heart and Sudden Death in Forensic Medicine

Addressing the pathology of the heart and cardiovascular system from a forensic perspective, Pathology of the Heart and Sudden Death in Forensic Investigations guides the pathologist toward the effective resolution of cases. It critically reviews pertinent facts by revisiting pathologic findings and comparing them to etiopathogenic hypotheses, prop

Paths Crossed: Villains - Victims - Victors

"When I was only fifteen, a thirty-five year old Deputy Sheriff, married and the father of three daughters, was transporting inmates to a dentist when he was overpowered and killed by a prisoner, who then escaped. Thirteen years later, that murderer and my Paths Crossed. " ~ Clif Edwards Paths Crossed of Villains, Victims & Victors by Michigan State Police Detective Lieutenant Clif Edwards is a true dramatic narrative of everyday heroes and crime drama. It reveals a police officer's evolution from rookie to veteran and its impact, both professionally and personally. Told in a highly inspirational manner, appealing to the general public and its insight to a law enforcement career makes it suggested reading for all criminal justice students. Intended as the first in a trilogy, it is crafted in 76 chapters which follow an orderly theme. Every chapter stands alone as a short story coupled with lessons learned, although many are enriched by prior episodes. Chapters are accented with pictures, articles, documents and quotes. Intriguing, sometimes shocking and always inspiring, it is a must read for all served by law enforcement. These stories allow the reader to experience perseverance, mistake and sacrifice. Foremost, the stark, yet precious reality of law enforcement is made real.