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Patents as an Incentive for Innovation

Edited by Rafal Sikorski, Zaneta Zemla-Pacud
Book - Hardbound

Book - Hardbound

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Patents as an Incentive for Innovation is a trailblazing book that analyses in depth how patent law today performs its function of stimulating innovation in the vital sectors of healthcare, agriculture, artificial intelligence and communications technology. Patents are a reward for human inventiveness. An effective patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world.

What’s in this book:

Patent specialists, practitioners and scholars from various jurisdictions assiduously illustrate how patent rights can be utilized to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are yielded. The following issues of patent rights surfaced on investigation:

  • protectability and morality of according private rights over materials derived from the human body;
  • licensing on fair, reasonable and non-discriminatory (FRAND) terms;
  • the supplementary protection certificate (SPC) manufacturing waiver;
  • patent eligibility of artificial intelligence-related inventions;
  • excessive enforcement of patents by patent assertion entities;
  • enforcement of second medical use innovations;
  • the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights;
  • international trade regulations and their influence on patent systems;
  • human enhancement technologies and the consequences of patenting them;
  • specifics of patent protection for biologic medicines;
  • challenges posed by artificial intelligence for the disclosure requirement in patent law; and
  • standard essential patent licensing, particularly in the context of the 5G standard.

Perspectives, such as protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement, were attended to by the authors. These aspects are analysed on the domestic, international and global levels.

How this will help you:

The COVID-19 pandemic has elucidated the urgent need to find a middle ground between innovation and access in healthcare and other technologies, a need rooted in patent law. Considering the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will prove to be invaluable to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.


Disclaimer: This title is in pre-production and any names, credits or associations are subject to change. The current table of contents and subject matter is for pre-release sample purposes only.

Publish Date 02/04/2021
Product Line Kluwer Law International
ISBN 9789403524139
SKU 10085095-0001
Table of Contents



Rafal Sikorski, Zaneta Zemla Pacud

Part I.  Patents and the Health Sector

1.     TRIPS and Post-TRIPS Trade Agreements and Their Impact on Innovation

Susy Frankel

2.     On the threshold of Primary and Secondary Pharmaceutical Innovation eligible for IP-based Protection

Zaneta Zemla-Pacud

3.     Human enhancement and patent law

Helena Zakowska-Henzler

4.     Biosimilars and patent law

Marek Swierczynski

5.     Reconsidering the Bolar exemption: is the legislative framework fit for purpose?

Agnieszka Sztoldman

6.     SPC manufacturing waiver – a tool for increasing competitiveness of generic companies or a weapon detrimental for innovators?

Justyna Ozegalska–Trybalska

Part II. Patents and Plants

7.     Rethinking IP protection for plants? Comparing plant breeder’s rights, patents and open source

Geertrui van Overwalle

8.     Patent – a driving force or a costly addition to portfolio? Analysis of non-patent legal factors of marketability in plant biotechnology

Tomasz Zimny

9.     The scope of the farm-saved seed under the UPOV acts of 1961 and 1978

Juan Antonio Vives Valles

Part III.                Patents and Artificial Intelligence

10.  AI patents: is there a need to rethink patent law?

Iga Balos

11.  Transparency in the patent system. Artificial Intelligence and the disclosure requirement

Alfred Früh

12.  Artificial intelligence, novelty and inventive step. What role does AI play in patent law today?

Peter R. Slowinski

Part IV.                Patents and ICT sector

13.  Over-enforcement practices by patent assertion entities in Europe: The practice of national courts

Amandine Leonard

14.  Standard essential Patents – The conflict between open access to standards and the fair reward for innovation

Dieter Kamlah

15.  Should standard essential patents be licensed to makers of components or manufacturers of final products? Analysis from the perspective of competition law

Rafal Sikorski