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Criticism Of Patents
Legal scholars, economists, activists, policymakers, industries, and trade organizations have held differing views on patents and engaged in contentious debates on the subject. Critical perspectives emerged in the nineteenth century that were especially based on the principles of free trade.Johns, Adrian: ''Piracy. The Intellectual Property Wars from Gutenberg to Gates''. The University of Chicago Press, 2009, Contemporary criticisms have echoed those arguments, claiming that patents block innovation and waste resources that could otherwise be used productively, and also block access to an increasingly important "commons" of enabling technologies (a phenomenon called the tragedy of the anticommons), apply a "one size fits all" model to industries with differing needs,Richard A Posner for The Atlantic. July 12, 2012 Why There Are Too Many Patents in America/ref> that is especially unproductive for industries other than chemicals and pharmaceuticals and especially unproductive f ...
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Free Trade
Free trade is a trade policy that does not restrict imports or exports. In government, free trade is predominantly advocated by political parties that hold Economic liberalism, economically liberal positions, while economic nationalist political parties generally support protectionism, the opposite of free trade. Most nations are today members of the World Trade Organization multilateral trade agreements. States can unilaterally reduce regulations and duties on imports and exports, as well as form bilateral and multilateral free trade agreements. Free trade areas between groups of countries, such as the European Economic Area and the Mercosur open markets, establish a free trade zone among members while creating a protectionist barrier between that free trade area and the rest of the world. Most governments still impose some protectionist policies that are intended to support local employment, such as applying tariffs to imports or Subsidy, subsidies to exports. Governments may ...
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Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Netherlands. The Netherlands consists of Provinces of the Netherlands, twelve provinces; it borders Germany to the east and Belgium to the south, with a North Sea coastline to the north and west. It shares Maritime boundary, maritime borders with the United Kingdom, Germany, and Belgium. The official language is Dutch language, Dutch, with West Frisian language, West Frisian as a secondary official language in the province of Friesland. Dutch, English_language, English, and Papiamento are official in the Caribbean Netherlands, Caribbean territories. The people who are from the Netherlands is often referred to as Dutch people, Dutch Ethnicity, Ethnicity group, not to be confused by the language. ''Netherlands'' literally means "lower countries" i ...
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Supplemental Examination
Supplement or Supplemental may refer to: Health and medicine * Bodybuilding supplement * Dietary supplement * Herbal supplement Media * Supplement (publishing), a publication that has a role secondary to that of another preceding or concurrent publication * ''Supplement'' (album), by Ai Nonaka * ''The Supplement'', a 2002 Polish film * In literary theory, an idea of Jacques Derrida from ''Of Grammatology'' * Supplement, a role-playing or tabletop game expansion pack Other uses * Supplement, one of a pair of supplementary angles, considered relative to the other See also * Supplementary (other) * Supply (other) Supply or supplies may refer to: *The amount of a resource that is available **Supply (economics), the amount of a product which is available to customers **Materiel, the goods and equipment for a military unit to fulfill its mission *Supply, as ...
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Ex Parte Reexamination
In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable. To have a patent reexamined, an interested party must submit prior art, in the form of patents or printed publications, that raises a "substantial new question of patentability". The Leahy-Smith America Invents Act makes substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding, which will provide patent challengers expanded bases on which to attack patents. Process A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of p ...
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Inter Partes Review
In United States patent law, an ''inter partes'' review (IPR) is a procedure for challenging the validity of a United States patent before the United States Patent and Trademark Office. History The inter partes review procedure was enacted on September 16, 2012 as part of the Leahy–Smith America Invents Act, America Invents Act. It replaced a previous review procedure called Reexamination#Ex parte and inter partes reexaminations, ''inter partes'' reexamination, which in turn stemmed from Reexamination#Ex parte and inter partes reexaminations, ''ex parte'' reexamination proceedings. Under the ex parte system, any person at any time could challenge the validity of a patent on the basis that its claims were obvious or not new based on prior art. Under post-2012 inter partes review, petitioners must demonstrate a "reasonable likelihood that" the party challenging the patent at issue "would prevail" in the dispute, rather than requiring that it demonstrate a "substantial new question ...
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Patent Prosecution
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution. Pre-grant prosecution includes the drafting and filing of patent applications, responding to patent office actions, and navigating the examination process to meet all legal requirements for patentability. This phase requires a strategic presentation of the invention's novelty and inventive step over existing technologies. Post-grant prosecution deals with activities that occur after a patent has been granted. This includes maintaining the patent, handling oppositions or challenges from third parties, and making amendments or corrections to the patent documentation. It ensures that the patent remains enforceable and continues to provide value to the patent holder. Patent prosecution is distinct from patent litigation, which describes legal action relating to ...
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TRIPS Agreement
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, s ...
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Kellogg School Of Management
The Northwestern University Kellogg School of Management (branded as Northwestern Kellogg) is the graduate business school of Northwestern University, a Private university, private research university in Evanston, Illinois. History Early history (1908–1950) The school was founded in 1908 as Northwestern University's School of Commerce. It offered a part-time evening program. It was a founding member of the Association to Advance Collegiate Schools of Business, that sets accreditation standards for business schools. The school played a major role in helping to establish the Graduate Management Admission Test. Also, researchers associated with the school have made contributions to fields such as marketing and decision sciences. For instance, Walter Dill Scott, a pioneer in applied psychology, helped establish some of the earliest advertising and marketing courses in the first decade of the twentieth century. He went on to serve as president of Northwestern University from ...
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Genetically Modified Food
Genetically modified foods (GM foods), also known as genetically engineered foods (GE foods), or bioengineered foods are foods produced from organisms that have had changes introduced into their DNA using various methods of genetic engineering. Genetic engineering techniques allow for the introduction of new traits as well as greater control over traits when compared to previous methods, such as selective breeding and mutation breeding. The discovery of DNA and the improvement of genetic technology in the 20th century played a crucial role in the development of transgenic technology. In 1988, genetically modified microbial enzymes were first approved for use in food manufacture. Recombinant rennet was used in few countries in the 1990s. Commercial sale of genetically modified foods began in 1994, when Calgene first marketed its unsuccessful Flavr Savr delayed-ripening tomato.Weasel, Lisa H. 2009. ''Food Fray''. Amacom Publishing Most food modifications have primarily focused on ca ...
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Biotechnology
Biotechnology is a multidisciplinary field that involves the integration of natural sciences and Engineering Science, engineering sciences in order to achieve the application of organisms and parts thereof for products and services. Specialists in the field are known as biotechnologists. The term ''biotechnology'' was first used by Károly Ereky in 1919 to refer to the production of products from raw materials with the aid of living organisms. The core principle of biotechnology involves harnessing biological systems and organisms, such as bacteria, yeast, and plants, to perform specific tasks or produce valuable substances. Biotechnology had a significant impact on many areas of society, from medicine to agriculture to environmental science. One of the key techniques used in biotechnology is genetic engineering, which allows scientists to modify the genetic makeup of organisms to achieve desired outcomes. This can involve inserting genes from one organism into another, and con ...
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Michael Heller (law Professor)
Michael A. Heller is a professor of real estate law at Columbia Law School, specializing in property law. In 1998, while a professor at the University of Michigan Law School he published an article in the ''Harvard Law Review'' article, "The Tragedy of the Anticommons: Property in the Transition from Marx to Markets." The idea he introduced in that article, the ''"tragedy of the anticommons"'' (a term that he coined), sparked a debate among intellectual property theorists that continues to this day. Heller graduated from Sidwell Friends School in Washington, DC, Harvard College, and Stanford Law School. During law school, he worked as a summer associate at the Washington, DC, law firm of Arnold & Porter LLP. Heller taught at the University of Michigan Law School from 1994 to 2002, and joined the Columbia Law School faculty in 2002. Heller’s scholarship has focused on private property laws and international property dilemmas. He published two articles on these topics in 2001: ...
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