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Patents

Justine Pila

2010

Articles 1 - 3 of 3

Full-Text Articles in Law

Patents For Genes And Methods Of Analysis And Comparison, Justine Pila Jan 2010

Patents For Genes And Methods Of Analysis And Comparison, Justine Pila

Justine Pila

In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a US patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”) and a proportionate patent grant. In this note I consider the case – AMP v USPTO – and its implications for European patent law.


Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila Jan 2010

Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila

Justine Pila

In this Opinion piece the ownership of intellectual property rights in university teaching and research is considered against the backdrop of British university intellectual property policies and recent cases. Starting from the position of Lord Evershed that it is "just and commonsense" that academics own the copyright in their lectures, and by extension the copyright in their research, I consider the policy arguments for university claims of ownership in respect of such copyright and academic employees' inventions.


The Requirement For An Invention In Patent Law, Justine Pila Dec 2009

The Requirement For An Invention In Patent Law, Justine Pila

Justine Pila

This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first English patent legislation of 1623 through the patent system’s recent phase of Europeanization. Its publication comes at a time of widespread uncertainty regarding the invention, which is the basic subject matter of patent protection in all jurisdictions, and the meaning of which is currently under review by the US Supreme Court, the Enlarged Board of Appeal of the European Patent Office, and the Australian Government. The central thesis of the book is that properly construed, the requirement ...