Patent Enforcement in the US, Germany and Japan

Toshiko Takenaka, Christoph Rademacher, Jan Krauss, Jochen Pagenberg, Tilman Mueller-Stoy, and Christof Karl

The first comprehensive comparative analysis of patent systems in the three most important patent jurisdictions: the US, Germany, and Japan.
A timely collection of contributions by an expert author team of academics and practitioners with considerable insight and experience of patent law around the world.
Unique approach provides fresh perspectives on the differences in validity challenges and defences across jurisdictions
Focuses on highly relevant, cutting-edge patent issues and how these major markets deal with them.

Patent Enforcement in the US, Germany and Japan

Toshiko Takenaka, Christoph Rademacher, Jan Krauss, Jochen Pagenberg, Tilman Mueller-Stoy, and Christof Karl

Description

The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas.

This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets.

Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.

Patent Enforcement in the US, Germany and Japan

Toshiko Takenaka, Christoph Rademacher, Jan Krauss, Jochen Pagenberg, Tilman Mueller-Stoy, and Christof Karl

Part I: Introduction
1. History
2. Legal Framework
3. Patent Enforcement Institutions
4. Patent Professionals and Business Culture
Part II: Infringement
5. Introduction
6. United States
7. Germany
8. Japan
Part III: Validity Challenge
9. United States
10. Germany
11. Japan
Part IV: Enforcement Procedure
12. United States
13. Germany
14. Japan
Part V: Remedies
15. United States
16. Germany
17. Japan
Part VI: Best Practice
18. Analysis and Proposal of Best Practice

Patent Enforcement in the US, Germany and Japan

Toshiko Takenaka, Christoph Rademacher, Jan Krauss, Jochen Pagenberg, Tilman Mueller-Stoy, and Christof Karl

Author Information

Toshiko Takenaka, Professor of Law, School of Law, University of Washington,Christoph Rademacher, Patent scholar, Waseda University,Jan Krauss, Partner, Boehmert & Boehmert,Jochen Pagenberg, Co-founder and Attorney-at-Law, Bardehle Pagenberg,Tilman Mueller-Stoy, Partner, Bardehle Pagenberg,Christof Karl, Partner, Bardehle Pagenberg

Prof. Dr. Toshiko Takenaka is a leading patent comparative law scholar who has been teaching U.S. patent law since 1992 at the University of Washington School of Law, and is also the founder of the IP Law and Policy LL.M. Program.

Prof. Dr. Christoph Rademacher is a comparative law scholar at Waseda University, Tokyo.

Dr. Jan Krauss is a patent attorney at Boehmert & Boehmert, as well as an affiliate instructor of law and guest lecturer at the University of Washington School of Law, and teaches IP on the Executive MBA in Life Sciences at the Ludwig-Maximilians-Universitat, Germany.

Michael C. Elmer is Senior Counsel at Finnegan. He leads a global patent enforcement project with partner IP law firms in Asia and Europe to develop statistical data to facilitate patent owners and defendants for selecting the best forum.

Dr. Jochen Pagenberg is co-founder and senior member of Bardehle Pagenberg, as well as an adviser to the German Federal Ministry of Justice.

Dr. Tilman Mueller-Stoy is a Partner of Bardehle Pagenberg, Munich. He lectures on IP Law at Munich Technical University, and teaches patent law at the George Washington School of Law and the Dresden University of Technology.