The Requirement for an Invention in Patent Law

Hardcover | April 4, 2010

byJustine Pila

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The Requirement for an Invention in Patent Law provides a critical analysis of legal conceptions of the invention in UK patent law and under the European Patent Convention. Dr Justine Pila brings to this text her extensive experience in intellectual property law.A central theme of the book is that the requirement for an invention, properly construed, sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matters capable of supporting a patent, and the second is by restricting the protection conferred by apatent to individual subject matters conceived qua inventions. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public. This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanisation. It includes a detailed study of the contemporary (EPC) requirement for an inventionand its construction by the European Patent Office, and an analysis of the legal and policy issues which that construction raises. It also places the UK and EPC law in its interpretive context, including its international statutory context, and offers a detailed account of international law-makingin the field of patents. The Requirement for an Invention in Patent Law is an indispensible reference text for students and academics of intellectual property law in general and contemporary patent law in particular, and will appeal to anyone interested in Europeanisation, international patent law and harmonisation, and thehistory of the UK patent system. Its elucidation of this complex area also makes it an excellent guide for practitioners.

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The Requirement for an Invention in Patent Law provides a critical analysis of legal conceptions of the invention in UK patent law and under the European Patent Convention. Dr Justine Pila brings to this text her extensive experience in intellectual property law.A central theme of the book is that the requirement for an invention, pro...

Justine Pila has undergraduate degrees in Law and Arts and a PhD in Law from the University of Melbourne. She has been admitted to practice as a barrister and solicitor in the Victorian Supreme Court and the High Court of Australia, and has worked as a solicitor in Intellectual Property Law and an associate to the Chief Justice of th...
Format:HardcoverDimensions:336 pagesPublished:April 4, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199296944

ISBN - 13:9780199296941

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Table of Contents

IntroductionThe Requirement for an Invention and Concept of Inherent PatentabilityThe Term 'Invention'The Origins of the Contemporary (EPC) Definition of 'Invention'The Uncertainty and Controversy Surrounding the Requirement for an InventionThe Need for a Conception and Epistemology of the InventionELFormulated in Light of the Purpose of the System, the Meaning of Europeanisation, and Insights from the History and Philosophy of TechnologyPart I: The Requirement for an Invention in Historical Perspective1. The Origins of the Patent as an Exceptional Monopoly Grant: Pre-1623 IntroductionThe Royal Custom of Rewarding the Introduction of New Trades and DevicesThe Justification of the Custom in Supporting the Discovery of 'Things Useful for the Public'The Abuse of the Custom and Intervention of the Common LawSection 6 of the Statute of Monopolies: The Common Law Invention in its Original FormConclusion2. Inherent Patentability in the Pre-Modern Era of Mechanical and Chemical Manufacture: 1623 to 1882Introduction1623 to 1794: The Post-Specification Invention as an Idea or Discovery1795 to 1829: The Invention in and after Boulton v Bull1830 to 1851: The (Patentable) Invention as a Mechanically Inventive Subject Matter1852 to 1882: The Basis of Losh v Hague in the Requirement for an 'Invention' the Patenting of which is not 'Generally Inconvenient'Conclusion3. Inherent Patentability in the Modern Era of New Technologies: 1883 to 1977 Introduction1883 to 1959: The Invention as a Manner of New Manufacture, including an Alleged InventionPost-1959: The Invention as a 'Proper Subject of Letters Patent According to the Principles EL Developed for Application of s 6 of the Statute of Monopolies' ConclusionPart II: The Requirement for an Invention in the Era of the European Patent Convention4. The EPC Requirement for an Invention in its Interpretive ContextIntroductionThe EPC Requirement for an Invention in its International and European Statutory ContextThe European Framers' Intent Regarding the Requirement for an InventionThe European Framers' Intent Regarding Chemical Product PatentsOther European Perspectives on Chemical Product Patents: A Question of Non-DiscriminationThe UK Model of Inherent Patentability at the Time of its EnactmentConclusion5. Articles 52(2) and 52(3) EPC According to the EPOIntroductionDifferent Approaches for Different Categories of Subject Matters: 1977 to 1987Articles 52(2) and 52(3) EPC as a Requirement for Technical Character: 1988 to 1999Inherent Patentability in an Era of Harmonisation: 1999 to PresentConclusion6. Inherent Patentability in UK Law Since the EPCIntroductionDifferent Approaches For Different Categories of Subject Matters: 1977 to 1989Inherent Patentability as a Fact-Specific Enquiry: Computer-Related Subject Matters after Merrill LynchInherent Patentability as a Requirement for a Subject Matter Sufficiently Supported Qua Invention: Biotechnology after GenentechRevisiting the Computer Programs Exclusion in Light of Harmonisation: 2005 to PresentConclusion