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 Collection: Congressional Research Service Reports
Patent Reform in the 111th Congress: Innovation Issues
This study provides an overview of current patent reform issues. It begins by offering a summary of the structure of the current patent system and the role of patents in innovation policy. The report then reviews some of the broader issues and concerns, including patent quality, the high costs of patent litigation, international harmonization, and speculation in patents, that have motivated these diverse legislative reform proposals. digital.library.unt.edu/ark:/67531/metadc700821/
Intellectual Property Rights and Access to Medicines: International Trade Issues
This report focuses on the relationship between intellectual property right (IPR) provisions in international and U.S. trade policy and access to medicines. This issue represents one component of a broader debate about the relationship between trade policy and public health. digital.library.unt.edu/ark:/67531/metadc700643/
Follow-On Biologics: Intellectual Property and Innovation Issues
This report reviews doctrinal and policy issues pertaining to follow-on biologics. The report first introduces the application of federal food and drug legislation to follow-on biologics. It next turns to the patent implications of marketing follow-on biologics. Following this review of substantive law, the remainder of the report introduces innovation policy issues pertaining to follow-on biologics. digital.library.unt.edu/ark:/67531/metadc689142/
Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes
This is a brief discussion of the constitutional questions raised by qui tam provisions; of the history of such provisions; and of the three existing, active federal qui tam statutes--the False Claims Act, 31 U.S.C. 3729-3733; the false marking patent statute, 35 U.S.C. 292; and the Indian protection provisions of 25 U.S.C. 201. digital.library.unt.edu/ark:/67531/metadc689441/
Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements
This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising. digital.library.unt.edu/ark:/67531/metadc503409/
Deferred Examination of Patent Applications: Implications for Innovation Policy
This report provides an overview of deferred patent examination. It begins by offering a brief review of patent acquisition proceedings as well as challenges faced by the U.S. Patent and Trademark Office (USPTO). The report then introduces the concept of deferred examination. The potential positive and negative consequences of deferred examination upon the environment for innovation within the United States are then explored. The report closes by identifying salient design parameters for deferred examination systems and reviewing congressional options. digital.library.unt.edu/ark:/67531/metadc501596/
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law
This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens' written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works. digital.library.unt.edu/ark:/67531/metadc501575/
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project. digital.library.unt.edu/ark:/67531/metadc501701/
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project. digital.library.unt.edu/ark:/67531/metadc501783/
Follow-On Biologics: Intellectual Property and Innovation Issues
This report reviews doctrinal and policy issues pertaining to follow-on biologics. The report first introduces the application of federal food and drug legislation to follow-on biologics. It next turns to the patent implications of marketing follow-on biologics. Following this review of substantive law, the remainder of the report introduces innovation policy issues pertaining to follow-on biologics. digital.library.unt.edu/ark:/67531/metadc462669/
Intellectual Property Rights and International Trade
This report discusses the different kinds of intellectual property rights (IPR); forms of IPR infringement; importance of IPR to the U.S. economy; estimated losses associated with IPR infringement; organizational structure of IPR protection in multilateral, regional, bilateral; U.S. government agencies involved with IPR and trade; and issues for Congress regarding IPR and international trade. digital.library.unt.edu/ark:/67531/metadc462355/
An Overview of the "Patent Trolls" Debate
This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed. digital.library.unt.edu/ark:/67531/metadc462666/
Intellectual Property Rights and International Trade
This report discusses the different kinds of intellectual property rights (IPR); forms of IPR infringement; importance of IPR to the U.S. economy; estimated losses associated with IPR infringement; organizational structure of IPR protection in multilateral, regional, bilateral; U.S. government agencies involved with IPR and trade; and issues for Congress regarding IPR and international trade. digital.library.unt.edu/ark:/67531/metadc461988/
Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents
This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act). digital.library.unt.edu/ark:/67531/metadc462794/
Intellectual Property in Industrial Designs: Issues in Innovation and Competition
This report identifies several current issues relating to intellectual property in industrial designs. It begins by describing the different sorts of intellectual property protection that apply to industrial designs. The report then identifies current issues at the interface between intellectual property and industrial designs. The report closes by reviewing the impact that sui generis rights regimes may have upon innovation and competition in the United States. digital.library.unt.edu/ark:/67531/metadc462460/
Follow-On Biologics: The Law and Intellectual Property Issues
This report reviews the Biologics Price Competition and Innovation Act of 2009 (BPCIA), within the context of intellectual property and innovation issues. It provides an introduction to the biologics industry, introduces the regulatory and intellectual property provisions of the BPCIA, considers the potential market for biosimilars and possible industry responses that may arise in the wake of this legislation, and closes with concluding observations. digital.library.unt.edu/ark:/67531/metadc276926/
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Report that discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law. digital.library.unt.edu/ark:/67531/metadc227985/
Intellectual Property in Industrial Designs: Issues in Innovation and Competition
Report that identifies several current issues relating to intellectual property in industrial designs. It describes the different sorts of intellectual property protection that apply to industrial designs, and identifies current issues at the interface between intellectual property and industrial designs. digital.library.unt.edu/ark:/67531/metadc228079/
Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine
Report that reviews the Supreme Court's 2012 Mayo Collaborative Services v. Prometheus Laboratories decision (wherein the court held that a patent claiming a method of optimizing therapies for autoimmune disease was invalid) and briefly consider its implications for innovation and public health. digital.library.unt.edu/ark:/67531/metadc227824/
An Overview of the "Patent Trolls" Debate
This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed. digital.library.unt.edu/ark:/67531/metadc122236/
A Legal Analysis of S. 968, the PROTECT IP Act
This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress. digital.library.unt.edu/ark:/67531/metadc98009/
Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress
The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. This report discusses the following recent draconian legislation in regard to this topic: the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act); the Stop Online Piracy Act (SOPA); and the Online Protection and Enforcement of Digital Trade Act (OPEN Act). digital.library.unt.edu/ark:/67531/metadc87194/
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law. digital.library.unt.edu/ark:/67531/metadc31403/
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future. digital.library.unt.edu/ark:/67531/metadc31372/
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law
This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos. digital.library.unt.edu/ark:/67531/metadc31425/
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future. digital.library.unt.edu/ark:/67531/metadc29608/
The GATT and the WTO: An Overview
The Uruguay Round Agreement reduced tariffs, brought services, intellectual property, and agriculture under the discipline of the General Agreement on Tariffs and Trade, and established the World Trade Organization. Multilateral trade issues for the future include continuing services negotiations, the relationship of the environment and labor standards to trade, and investment and competition policy. digital.library.unt.edu/ark:/67531/metadc26090/
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
The Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitize, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books' copyright holders, if any. Google's proposed reproduction and display of copyrighted books was not authorized by the rights holders, who alleged that the Google Library Project infringed their copyrights. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the proposed settlement. digital.library.unt.edu/ark:/67531/metadc26134/
Open Access Publishing and Citatation Archives: Background and Controversy
No Description digital.library.unt.edu/ark:/67531/metacrs9400/
"Digital Rights" and Fair Use in Copyright Law
This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use. digital.library.unt.edu/ark:/67531/metacrs9291/
Patent Reform: Issues in the Biomedical and Software Industries
No Description digital.library.unt.edu/ark:/67531/metacrs9214/
Geographical Indications and WTO Negotiations
No Description digital.library.unt.edu/ark:/67531/metacrs9083/
Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America
No Description digital.library.unt.edu/ark:/67531/metacrs9082/
Copyright Law: Legalizing Home Taping of Audio and Video Recordings
Various Members of Congress have proposed amendments to the Copyright Act that would provide a blanket exemption for noncommercial home audio and video off-air recording. The major thrust of the copyright owners' opposing position is if you cannot protect what you own, or at least receive some compensation for its use, you own nothing. This is countered by those who feel the purpose of the copyright law is to promote broad public availability of artistic products and when the copyright owners decide to use the distribution mechanism of the public airwaves, they have to accept the premises of the public airwaves. digital.library.unt.edu/ark:/67531/metacrs9043/
Patenting Life
No Description digital.library.unt.edu/ark:/67531/metacrs8519/
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security
Congressional interest in the development of bioterrorism countermeasures remains strong, even after passage of legislation establishing Project BioShield. In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, S. 975, the Project Bioshield II Act, and S. 1873, the Biodefense and Pandemic Vaccine and Drug Development Act, that would generate additional incentives for the creation of new technologies to counteract potential biological threats. These bills propose reforms to current policies and practices associated with intellectual property, particularly patents, and the marketing of pharmaceuticals and related products. digital.library.unt.edu/ark:/67531/metacrs8474/
The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?
No Description digital.library.unt.edu/ark:/67531/metacrs8326/
Intellectual Property and the Free Trade Agreements: Innovation Policy Issues
No Description digital.library.unt.edu/ark:/67531/metacrs8252/
Biotechnology, Indigenous Peoples, and Intellectual Property Rights
This report examines intellectual property right in pharmaceuticals in a particular context, namely, medicinal products and processes derived from the biodiversity resources of areas inhabited by indigenous peoples. This report discusses the international law regarding intellectual property rights in traditional knowledge and the American laws regarding traditional knowledge. digital.library.unt.edu/ark:/67531/metacrs8176/
Influenza Antiviral Drugs and Patent Law Issues
No Description digital.library.unt.edu/ark:/67531/metacrs7939/
Copyright Protection of Digital Television: The "Broadcast Flag"
This report addresses the adoption of a “broadcast flag” system by the Federal Communications Commission (FCC) to protect digital television (DTV) broadcasts from unauthorized redistribution. The report also addresses the recent decision of the United States Court of Appeals for the District of Columbia Circuit reversing and vacating the FCC’s broadcast flag report and order. digital.library.unt.edu/ark:/67531/metacrs7772/
Scientific Research and the Experimental Use Privilege in Patent Law
No Description digital.library.unt.edu/ark:/67531/metacrs6034/
An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies
The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Congress may choose to exercise oversight on these issues. Such consideration would likely include examination of U.S. commitments in international agreements along with other factors. digital.library.unt.edu/ark:/67531/metacrs1296/
Patent Ownership and Federal Research and Development (R and D): A Discussion on the Bayh-Dole Act and the Stevenson-Wydler Act
No Description digital.library.unt.edu/ark:/67531/metacrs1294/
Protecting Noncreative Databases: H.R. 3261, 108th Congress, First Session (2003)
No Description digital.library.unt.edu/ark:/67531/metacrs5963/
Protecting Noncreative Databases: Bills Before the 108th Congress
No Description digital.library.unt.edu/ark:/67531/metacrs5962/
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
No Description digital.library.unt.edu/ark:/67531/metacrs5961/
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
No Description digital.library.unt.edu/ark:/67531/metacrs5960/
Intellectual Property, Computer Software and the Open Source Movement
No Description digital.library.unt.edu/ark:/67531/metacrs5959/
Safe Harbor for Service Providers Under the Digital Millennium Copyright Act
No Description digital.library.unt.edu/ark:/67531/metacrs5958/
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