Overview

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 matter capable of supporting a patent, and the second is by restricting the protection conferred by a patent to individual subject matter conceived qua invention. 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 invention and 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-making in 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 the history of the UK patent system. Its elucidation of this complex area also makes it an excellent guide for practitioners.

Full Product Details

Author:   Justine Pila (Dr Justine Pila is the University Lecturer in Intellectual Property Law at the University of Oxford, and an Official Fellow and the Senior Law Tutor at St Catherine's College, Oxford.)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.40cm , Height: 2.80cm , Length: 24.90cm
Weight:   0.746kg
ISBN:  

9780199296941

ISBN 10:   0199296944
Pages:   400
Publication Date:   18 March 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Introduction The Requirement for an Invention and Concept of Inherent Patentability The Term 'Invention' The Origins of the Contemporary (EPC) Definition of 'Invention' The Uncertainty and Controversy Surrounding the Requirement for an Invention The Need for a Conception and Epistemology of the InventionEL Formulated in Light of the Purpose of the System, the Meaning of Europeanisation, and Insights from the History and Philosophy of Technology Part I: The Requirement for an Invention in Historical Perspective 1: The Origins of the Patent as an Exceptional Monopoly Grant: Pre-1623 Introduction The Royal Custom of Rewarding the Introduction of New Trades and Devices The Justification of the Custom in Supporting the Discovery of 'Things Useful for the Public' The Abuse of the Custom and Intervention of the Common Law Section 6 of the Statute of Monopolies: The Common Law Invention in its Original Form Conclusion 2: Inherent Patentability in the Pre-Modern Era of Mechanical and Chemical Manufacture: 1623 to 1882 Introduction 1623 to 1794: The Post-Specification Invention as an Idea or Discovery 1795 to 1829: The Invention in and after Boulton v Bull 1830 to 1851: The (Patentable) Invention as a Mechanically Inventive Subject Matter 1852 to 1882: The Basis of Losh v Hague in the Requirement for an 'Invention' the Patenting of which is not 'Generally Inconvenient' Conclusion 3: Inherent Patentability in the Modern Era of New Technologies: 1883 to 1977 Introduction 1883 to 1959: The Invention as a Manner of New Manufacture, including an Alleged Invention Post-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' Conclusion Part II: The Requirement for an Invention in the Era of the European Patent Convention 4: The EPC Requirement for an Invention in its Interpretive Context Introduction The EPC Requirement for an Invention in its International and European Statutory Context The European Framers' Intent Regarding the Requirement for an Invention The European Framers' Intent Regarding Chemical Product Patents Other European Perspectives on Chemical Product Patents: A Question of Non-Discrimination The UK Model of Inherent Patentability at the Time of its Enactment Conclusion 5: Articles 52(2) and 52(3) EPC According to the EPO Introduction Different Approaches for Different Categories of Subject Matters: 1977 to 1987 Articles 52(2) and 52(3) EPC as a Requirement for Technical Character: 1988 to 1999 Inherent Patentability in an Era of Harmonisation: 1999 to Present Conclusion 6: Inherent Patentability in UK Law Since the EPC Introduction Different Approaches For Different Categories of Subject Matters: 1977 to 1989 Inherent Patentability as a Fact-Specific Enquiry: Computer-Related Subject Matters after Merrill Lynch Inherent Patentability as a Requirement for a Subject Matter Sufficiently Supported Qua Invention: Biotechnology after Genentech Revisiting the Computer Programs Exclusion in Light of Harmonisation: 2005 to Present Conclusion

Reviews

Her analysis is accompanied by concise and digestible case notes, and her commentary provides a compelling narrative that ties the work together without being repetitive. a though provoking and informative book to suit anyone with a legal background and a strong interest in how and why contemporary society protects ideas * www.ip-brands.com/blog *

Her analysis is accompanied by concise and digestible case notes, and her commentary provides a compelling narrative that ties the work together without being repetitive. a though provoking and informative book to suit anyone with a legal background and a strong interest in how and why contemporary society protects ideas www.ip-brands.com/blog

Author Information

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 the Australian Federal Court. Since 2004 she has been a Lecturer in Intellectual Property at the University of Oxford, a Fellow of St. Catherine's College Oxford, and a Senior Research Associate at the Oxford Intellectual Property Research Centre (OIPRC). She teaches and researches in copyright and patents.

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