出版社:中国政法大学出版社
年代:2014
定价:45.0
本书意图通过对商业方法专利在美国和欧洲的演进历程以及当前的法律进行分析,以指明美国和欧洲在授予该类创新专利保护的真正态度,并对允许或不允许对商业方法创新授予专利保护所导致的经济和社会影响进行评估,从而最终回答欧洲是否应当采用专利方式对商业方法相关创新进行保护这一争论性问题。
Chapter One: Introduction
1.1 The purpose of the research
1.2 Structure of the book
1.3 What is a business method and what is a business method-relatedinvention?
1.4 Historic Origins and the Purpose of Patent Law
1.5 The classical justification of patent protection in philosophy and economics
1.6 The empirical study of the economic impacts of general patents in the real world
1.7 The changing business method environment and the challenges
1.8 The academic controversy of business method-related patent
1.9 Aim and research questions
Chapter Two: Methodology
2.1 The epistemology of legal research
2.2 Research methods in the study
2.3 Summary of methodology
Chapter Three: Business method-related patent in Europe
3.1 Patentability
3.2 The cases of EPO Boards of Appeal concerned patenting business methods
3.3 Summary
Chapter Four: Business Method-related Patents in the U.S.
4.1 Patentability
4.2 The American cases on patenting business methods
4.3 Summary
4.4 The differences between the US and European patent regulations related to business method patentability
Chapter Five: Statistics Analysis of Business
Method-related Patents Quality
5.1 Whatis patent quality?
5.2 What role does patent quality play?
5.3 How are we to assess the patent quality?
5.4 Statistics analysis of prior art ( Backward Cites)
5.5 Statistical analysis of times a prior patent is cited in subsequent patent (Forward Cities)
5.6 Summary
Chapter Six: The Economics of the Patent System with Particular Reference to Business Method- relatedlnventions
6.1 Protecting the returns of R&D
6.2 Increasing the diffusion of the knowledge
6.3 Attracting venture investment
6.4 Defending competitive advantage
6.5 Macro-economicimpact
6.6 Summary: Whether Europe should allow business method-related patents based on the classical justific- ation of patent protection when the impacts of business method-related patents are considered
Chapter Seven: Conclusion
7.1 Conclusion of black letter law findings conceming the European and US jurisdictions: What land of business method-related inventions can be patented in Europe at present and what differences are these between the US and Europe in the present law for business method- related patents?
7.2 Whether the scope of business method-related invention protections should be extended in Europe
7.3 Limitations of this study and recommended further research
Bibliography
Appendix 1:Selected US Patent Act (35 U.S.C.)
Appendix 2: Selected European Patent Convention Articles
List of abbreviations
List of Tables
后记
Advances in information technology have enabled the design and development of innovations in business methods. This is particularlyfelt with IT enabled innovations such as Sun Microsystems' statelessshopping cart for the web which is a Web shopping cart system that does not require any data files to be maintained on either the client or the server. Firms attempt to leverage these innovations to gain competitive advantages through cost reduction and other quality improvements, which may also pass some benefits on to consumers. However, such competitive advantages are mcreasingly difficult to sustainbecause business method innovations are often easy to copy or imitate.Quick and cheap imitation of innovative products and processes mayreduce the incentives for firms to invest further in innovation. Thus,patent protection for business method inventions became a live issue with different outcomes as between the US and Europe. At present, in the US, business method patents are legally recognised since the State Street Ban,k decision, 149 F. 3d 1368 (US Court of Appeals for the Federal Circuit 1998).
书籍详细信息 | |||
书名 | 商业方法发明可专利性研究站内查询相似图书 | ||
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出版地 | 北京 | 出版单位 | 中国政法大学出版社 |
版次 | 1版 | 印次 | 1 |
定价(元) | 45.0 | 语种 | 简体中文 |
尺寸 | 21 × 15 | 装帧 | 平装 |
页数 | 印数 |
商业方法发明可专利性研究是中国政法大学出版社于2014.4出版的中图分类号为 D971.234 ,D950.34 的主题关于 专利权法-对比研究-欧洲、美国 的书籍。