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The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers. Contributors: S.D. Anderman, R.B. Bakels, S.J.R. Bostyn, D.L. Burk, V. Di Cataldo, V. Falce, C. Geiger, R.M. Hilty, C.M. Holman, M.A. Lemley, A. Ottolia, J. Pila, J.R. Thomas, P.L.C. Torremans
Edited by Emanuela Arezzo, Università degli studi di Teramo, Italy and Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy
Contents: IntroductionEmanuela Arezzo and Gustavo GhidiniPART I: GENERAL THEMES IN PATENT LAW1. Tailoring Patents to Different IndustriesDan L. Burk and Mark A. Lemley2. Innovation in the New Technological Industries: Looking for a Consistent Cooperative ModelValeria Falce3. The Future of the Requirement for an Invention: Inherent Patentability as a Pre- and Post-Patent DeterminantJustine Pila4. The Experimental Use of the Patented Invention: A Free Use or an Infringing Use?Vincenzo Di Cataldo5. Patents and Competition Law: Some Features of the New InterfaceSteven D. AndermanPART II: EMERGING THEMES IN INFORMATION TECHNOLOGIES6. Are Software Patents Something Special?Reinier B. Bakels7. Towards a New Instrument of Protection for Software in the EU? Learning the Lessons from the Harmonization Failure of Software PatentabilityReto M. Hilty and Christophe Geiger8. Patent Governance in the United States: Lessons from Bilski v. KapposJohn R. ThomasPART III: EMERGING THEMES IN THE BIOTECH INDUSTRIES9. A Decade After the Birth of the Biotech Directive: Was it Worth the Trouble?Sven J.R. Bostyn10. Gene Patents Under Fire: Weighing the Costs and BenefitsChristopher M. Holman11. Patentability of Human Stem Cell or Synthetic Biology Based InventionsPaul L.C. Torremans12. Moral Limits to Biotech Patents in Europe: A Quest for Higher HarmonizationAndrea OttoliaIndex
‘If you are an IP lawyer, or academic, or possibly a graduate student in commercial, or competition law, this book will lead you down some fascinating avenues for discussion and debate on many of the critical issues now confronting patent law today.’