Introduction

PART I-HISTORICAL AND ECONOMIC FACTORS

1 The British Tradition
BASIC CLAIM THEORY
THE TRADITIONAL BRITISH APPROACH
THE PITH AND MARROW

2 History of the Patent System-The Canvas Prepared
INTRODUCTION
THE STATUTE OF VENICE
EARLY ENGLISH GRANTS
A NEW POLICY OF MONOPOLY GRANT
NOVELTY AND CONSIDERATION
THE PROBLEM OF ODIOUS MONOPOLIES
JUDGING MONOPOLY AT COMMON LAW
BATTLES OF A KING
THE STATUTE OF MONOPOLIES
A LEGISLATIVE AFTERMATH
ISSUES OF JURISDICTION
CONSIDERATION REVISITED-THE BIRTH AND GROWTH OF THE SPECIFICATION
THE NOVELTY OF NASMITH
A PRACTICE ACCEPTED
LIARDET v JOHNS
CONCLUSION

3 Patents within the Market Economy (Part I)-Classical Economics and Philosophy
PREFACE
INTRODUCTION
PATENTS WITHIN THE MARKET ECONOMY
PROPERTY AND PATENTS
CLASSICAL JUSTIFICATIONS OF PROPERTY IN THE INTANGIBLE- THE PATENT
THE NATURAL RIGHT THEORY
THE REWARD BY MONOPOLY THEORY
THE INCENTIVE TO INVENT THEORY
THE EXCHANGE FOR SECRETS THEORY
POSTSCRIPT

4 Patents within the Market Economy (Part II)-Does the Philosophy fit the Facts?
INTRODUCTION
WHY PATENT?
DRAFTING A PATENT: DETERMINANTS OF SCOPE
THE DRAFTING OF THE SPECIFICATION
LITERAL OR LIBERAL INTERPRETATION?
CONCLUSION

5 Patents within the Market Economy (Part III)-Post-Classical Economic Thought & Theories of Protection
SOME BASICS OF ECONOMIC ANALYSIS
PATENTS AS MONOPOLIES-WHAT'S IN A WORD?
THE ECONOMIC ARGUMENT FOR THE PATENT SYSTEM
POST-CLASSICAL MODELS AND JUSTIFICATIONS
THE PATENT-INDUCED INNOVATION THEORY
A BRIEF ASIDE-THE PROBLEM OF CUMULATIVE RESEARCH
THE PROSPECT THEORY
THE RACE-TO-INVENT THEORY
THE RENT DISSIPATION THEORY
RECENT ALTERNATIVES
CLOSING COMMENTS

PART II-COMPARATIVE FACTORS

6 America-Promoting the Useful Arts
PREFACE
INTRODUCTION
EARLY HISTORY
GRAVER TANK
THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT
NARROWING THE DOCTRINE OF EQUIVALENTS
WARNER-JENKINSON: THE SUPREME COURT REVISITS EQUIVALENTS
MANI-FESTO FOR THE FUTURE?
POSTSCRIPT: THE CAFC REVISITS FESTO
CONCLUSION

7 Germany-A Tradition of Expansive Interpretation
PREFACE
ARTICLE 69 AND THE PROTOCOL: A BRIEF HISTORY
GERMANY: THE HISTORICAL PERSPECTIVE
THE THREE-PART DOCTRINE
THE FOURTH PERIOD
FORMSTEIN
POST-FORMSTEIN SOLIDIFICATION OF APPROACH
EPILADY
IMPLICATIONS AND RECENT PRACTICE
CONCLUSION

8 Japan-'And we shall have Patents'
PREFACE
BRIEF HISTORY
THE 1885 ORDINANCE
POST-CONVENTION-INCREMENTAL DEVELOPMENT
CULTURAL FORMATTING-INSTITUTIONAL COLLECTIVISM?
CONTINUED PRESSURE FOR REFORM
POLICY REFORMS
THE BALL SPLINE DECISION
CONCLUSION

9 From Pith to Purpose-British Claim Interpretation under the Protocol
PREFACE
PATENTS IN TRANSITION
THE CATNIC LEGACY
PROBLEMS WITH APPLICATION OF THE TEST
POST CATNIC
CATNIC BEGETS IMPROVER
IMPROVER AT FULL TRIAL: REFORMULATION OF THE TEST
IMPROVER ACCEPTED
REBELLION INSTIGATED

. . . REBELLION QUASHED
IMPROVER BEGETS THE PROTOCOL QUESTIONS
SYSTEMIC CHANGE
KIRIN-AMGEN TO THE COURT OF APPEAL
CONCLUSION

10 Kirin-Amgen and Beyond-Cast Adrift on a Sea of Uncertainty?
INTRODUCTION
IN THE INTERIM
A PROTOCOL REMASTERED
KIRIN-AMGEN IN THE LORDS
COMMENT ON KIRIN
POST KIRIN-AMGEN: ADRIFT ON A SEA OF UNCERTAINTY
CONCLUSION

11 A Summary
THE JOURNEY SO FAR
OF FAIRNESS, CERTAINTY AND HARMONISATION
SO WHERE NOW?
TO CONCLUDE