Matt Fisher is a Lecturer in Law at the University of Bristol.

• 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

...a very thorough introduction to the history of the patent system...this book has a place in the library of the intellectual property expert...The second part on claim interpretation and determination of scope is the fullest and most detailed analysis of this thorny issue the reviewer has come across for a while. Paul Torremans European Intellectual Property Review Vol 30, Issue 6, 2008