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Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes

Description: 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.
Date: August 6, 2009
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Patent Boxes: A Primer

Description: This report looks at several aspects of patent boxes, including their general purpose. In addition, the report looks at the key considerations in designing a patent box, identifies the countries that currently have a patent box, describes the main elements of those boxes, and sheds light on the U.S. industries that would be likely to benefit the most from such a tax subsidy if the United States were to adopt one. The final two sections discuss what is known about the effectiveness of patent box… more
Date: May 1, 2017
Creator: Guenther, Gary
Partner: UNT Libraries Government Documents Department
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Update of "All Eyes on Allergan: Drug Company's Unprecedented Move Raises Questions for Patent and Drug Law (Part 1)"

Description: This report is an update of a previous report discussing the case of "Allergan Inc. v. Teva Pharmaceuticals USA Inc." which deals with patent law and the rights of brand-name pharmaceutical companies and generic pharmaceutical companies as well as Native American tribes sovereign rights because the St. Regis Mohawk Tribe is a co-plaintiff in the case. The case is currently in the appeals process.
Date: March 16, 2018
Creator: Lewis, Caitlin Devereaux
Partner: UNT Libraries Government Documents Department
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Patent Law: A Primer and Overview of Emerging Issues

Description: This report begins with an overview of patent law. It then discusses the Supreme Court's role in the development of patent law generally before examining the Court's recent decisions in detail. Finally, the report closes with a preview of developments in patent law that are on the horizon, such as the continued viability of certain administrative proceedings related to the validity of patents, which is the subject of two cases scheduled to be heard during the Court's upcoming term, as well as p… more
Date: September 21, 2017
Creator: Lewis, Caitlin Devereaux & Armstrong, Kathryn B.
Partner: UNT Libraries Government Documents Department
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The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Description: 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 … more
Date: November 16, 2010
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
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The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Description: This report discusses the rationale behind the passage of P.L. 96-517 (Amendments to the Patent and Trademark Act, or the "Bayh-Dole Act") as well as its provisions and information regarding the implementation of the law. 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.
Date: February 3, 2009
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
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Patent Ownership and Federal Research and Development (R and D): A Discussion on the Bayh-Dole Act and the Stevenson-Wydler Act

Description: Two major laws govern the dispensation of patents associated with federal research and development (R&D) activities. Both P.L. 96-418, the Stevenson-Wydler Technology Innovation Act, as amended, and P.L. 96-517, Amendments to the Patent and Trademark Act (commonly referred to as "Bayh-Dole" after its two main sponsors, former Senators Birch Bayh and Robert Dole), are the foundation for efforts to utilize patent ownership to encourage the commercialization of technologies and techniques that hav… more
Date: December 11, 2000
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
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U.S. Patent and Trademark Office Appropriations Process: A Brief Explanation

Description: This report examines The United States Patent and Trademark Office (USPTO) which is funded by fees collected from customers. However, appropriation measures limit USPTO use of all fees accumulated within a fiscal year. Critics of this approach argue that because agency operations are supported by payments for services, all fees are necessary to fund these services in the year they are provided.
Date: March 4, 2002
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
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Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Description: In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, and S. 975, the Project Bioshield II 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. This report includes patent… more
Date: May 6, 2005
Creator: Schacht, Wendy H. & Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Description: 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 bio… more
Date: January 17, 2006
Creator: Schacht, Wendy H. & Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Follow-On Biologics: Intellectual Property and Innovation Issues

Description: 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.
Date: October 31, 2008
Creator: Schacht, Wendy H. & Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Patent Reform in the 111th Congress: Innovation Issues

Description: 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.
Date: April 9, 2009
Creator: Schacht, Wendy H. & Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Patent Reform: Overview and Comparison of S. 507 and H.R. 400

Description: H.R. 400 and S. 507 are similar but different omnibus patent reform proposals. Both bills generally transform the Patent and Trademark Office into a government corporation; require publication of patent applications 18 months after filing, subject to certain exceptions that differ in these bills; and extend the patent term for certain delays in patent issuance. S. 507 also contains provisions on patent reexamination reform. This report summarizes and compares the bills and reviews arguments for… more
Date: April 16, 1998
Creator: Schrader, Dorothy
Partner: UNT Libraries Government Documents Department
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Patent Reform: Overview and Comparison of S. 507 and H.R. 400

Description: The pending omnibus patent reform bills (S. 507 and H.R. 400) would reorganize the Patent and Trademark Office (PTO) as a government corporation and enact several other patent law reforms including early publication (with exceptions) and patent term restoration. S. 507 consists of six titles; H.R. 400 contains five titles.
Date: August 4, 1998
Creator: Schrader, Dorothy
Partner: UNT Libraries Government Documents Department
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American Inventors Protection Act of 1999

Description: After several years of consideration, on Friday, November 19, 1999, Congress gave final approval to a bill which makes major changes to the patent laws. On this day the Senate passed the American Inventors Protection Act of 1999 as part of the Intellectual Property and Communications Omnibus Reform Act of 1999, attached by reference to the Consolidated Appropriations Act for Fiscal Year 2000. This report summarizes major provisions of the patent reform bill.
Date: February 28, 2000
Creator: Seitzinger, Michael V.
Partner: UNT Libraries Government Documents Department
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Deferred Examination of Patent Applications: Implications for Innovation Policy

Description: 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 deferr… more
Date: May 27, 2010
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
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An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies

Description: 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. commitme… more
Date: August 31, 2000
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Follow-On Biologics: The Law and Intellectual Property Issues

Description: 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.
Date: January 15, 2014
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine

Description: 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.
Date: November 6, 2012
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Patent Reform: Judicial Developments in Areas of Legislative Interest

Description: This report reviews the relationship between Congress and the courts in patent reform. It begins by offering a summary of the patent system. The report then discusses a number of topics that have been the subject of both judicial and legislative consideration. The current state of the law is then contrasted with legislative reform proposals before previous Congresses. The report closes with observations concerning the subtle interaction between legislative, administrative, and judicial actors w… more
Date: January 5, 2011
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
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Patentable Subject Matter Reform

Description: This report reviews the current law governing patentable subject matter and recent proposals for legislative reform. It begins by providing a basic overview of the patent system and introducing the principles of patentable subject matter. It then considers the leading Supreme Court decisions construing section 101 of the Patent Act. The report then considers the implications of these decisions within the information technology and life sciences industries. The report closes with a review of leg… more
Date: September 8, 2017
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
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