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"Preface and Acknowledgements" [2019] ELECD 379; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) xi

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

ISBN: 9781785364112

Section Title: Preface and Acknowledgements

Number of pages: 2

Extract:

Preface and acknowledgements The US patent system has changed dramatically since the first edition of Patent Law and Theory was published in 2009. The America Invents Act (AIA) was enacted in 2012 and introduced the "first inventor to file" priority and postissuance proceedings to challenge validity. As a result, the US system is now more in line with the patent systems in the rest of the world, in particular the European patent system and patent systems in Asia which model the European system. The rise of the patent assertion entities altered the industry's perspective on patent enforcement and substantially changed the US case law on patent eligibility, the extent of patent protection, and infringement remedies. The Unitary Patent System and the Unified Patent Court (UPS and UPC) are also expected to overhaul the European patent system. This second edition tries to catch up with these changes, although many provisions in the AIA are unclear and are to be interpreted by the US Supreme Court. The UPS and UPC face many challenges in seeking to deal with the impact of Brexit and it is unclear how the Court of Justice for European Union and UK Supreme Court will react to this. This book project began in 2015, when I was on sabbatical, but the completion date was delayed several times because I was moved to a joint appointment between the University of Washington School of Law and Keio University Law School with the start of a double degree program. I ...