Patents and Allied Rights: A Global Kaleidoscope

The Oxford Handbook of Intellectual Property Law (Rochelle C. Dreyfuss & Justine Pila eds, Forthcoming)

UC Irvine School of Law Research Paper No. 2016-25

28 Pages Posted: 16 May 2016 Last revised: 18 Jul 2016

Dan L. Burk

University of California, Irvine School of Law

Date Written: May 16, 2016

Abstract

Patents, along with the related systems of utility models and plant breeders’ rights, are the forms of intellectual property most closely associated with technological innovation. Currently some form of patent system is found in essentially all modern states, and patents have grown to be a ubiquitous feature of the global legal and technical environment. Patents and related rights are therefore highly dynamic areas of law, displaying constant evolution of doctrine simultaneously in multiple jurisdictions. The shifting diversity of national approaches offers an opportunity to consider how characteristic themes and problems of patent law have been approached from different perspectives, and lend a sense of better, worse, and alternative solutions to the problem of prompting technical innovation. Consequently, this chapter surveys particular doctrinal problems in patent law, using them to illustrate both broad theoretical issues endemic to the patent system, and tying those issues to ongoing controversies that have attracted widespread interest.

Keywords: patent, plant breeders' rights, PVPA, utility model, petty patent, doctrine of equivalents, patent eligibility, PHOSITA, inventive step, non-obviousness, claim construction

JEL Classification: O31, O32, O33, O34, Q16

Suggested Citation

Burk, Dan L., Patents and Allied Rights: A Global Kaleidoscope (May 16, 2016). The Oxford Handbook of Intellectual Property Law (Rochelle C. Dreyfuss & Justine Pila eds, Forthcoming); UC Irvine School of Law Research Paper No. 2016-25. Available at SSRN: https://ssrn.com/abstract=2780506

Dan L. Burk (Contact Author)

University of California, Irvine School of Law ( email )

4500 Berkeley Place
Irvine, CA 92697-1000
United States
949-824-9325 (Phone)

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