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Explain how the idea of the patent bargain relates to the justification of patent law and critically discuss it in relation to the doctrine of insufficiency: Intellectual Property Law Assignment, QMUL, UK
| University | The University of Edinburgh (TUE) |
| Subject | Intellectual Property Law |
1 – The idea of the patent bargain is based on the erroneous assumption that the scope of the patent always corresponds to the breadth of the disclosure.
Explain how the idea of the patent bargain relates to the justification of patent law and critically discuss it in relation to the doctrine of insufficiency of disclosure in product patents.
- Can a naturally occurring substance be novel?
Explain the limitations of the ‘anticipation by use’ doctrine in patent law and critically discuss its relevance for debates over the patenting of DNA sequences.
- Debates about the technical nature of computer programs have obscured the more substantial discussion over the risks of monopolizing basic ideas.
Explain the differences in approach between the EPO and UK patent law on the issue of the patentability of computer programs and critically discuss the pros and cons of software patents.
4- ‘While ascertaining whether an invention is obvious is a difficult task, it is made easier by the fact that the question is asked from the perspective of the person skilled in the art.’ Bently, L., Sherman, B., Gangjee, D., &johnson, P. (20 18). Intellectual property law (Cth ed.). Oxford University Press. p. 589
Explain the role that the figure of the person skilled in the art plays in the assessment of inventive step, how it is construed, and critically discuss whether or how it contributes to a more objective assessment of patent claims.
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