Brad Sherman

This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.

The definitive account of IP law: thorough coverage combined with exceptional analysis. Undergraduates taking an optional module in intellectual property law in the second or third year of their LLB. Postgraduates studying intellectual property law. Also appeals to practitioners. Intellectual Property Law is the definitive textbook on this subject - an all-embracing and detailed guide to intellectual property law. It clearly sets out the law in relation to copyright, patents, trade marks, passing off and confidentiality, whilst enlivening the text with illustrations and diagrams. - Provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving readers a broad context in which to explore the key principles of the subject. - Writing style is particularly clear - the authors retain clarity whilst including an impressive amount of detail, and discussion of even the most complex areas is lucid and structured. - Anticipates new developments in the field in more depth than other textbooks, ensuring that readers are able to make informed judgements about forthcoming changes in the law, and understand the direction in which IP law is moving. - Also available as an e-book with functionality, navigation features, and links that offer extra learning support. New to this edition: - Consideration of the impact of REULA 2023, particularly on copyright, with suggestions as to how best to accommodate CJEU jurisprudence within UK statutory frameworks. - Takes account of Supreme Court decisions in Emotional Perception, Sky v Skykick, Thaler, Iconix, Lifestyle Equities, Oatly and Abbasi v Newcastle Upon Tyne Hospitals as well as lower court decisions such as WaterRower v Liking, THJ Systems v Sheridan, Lidl v Tesco, Wright v BTC Core, Shantell v Martin, Browne v Adidas, and IBM United Kingdom v LZLABS. - Consideration of the impact of artificial intelligence in discussions of authorship, inventorship, patentable subject matter, text and data mining, licensing, digital replicas and image rights. - Substantial reorganization of treatment of originality and copyright infringement; patentable subject matter (after Emotional Perception); bad faith applications for trade marks (after Skykick); and privacy (after Abbasi). - Consideration of parallel developments in EU law including Unified Patent and Unified Patent Court, as well as case law from the CJEU in key cases such as Mio/Konektra, Pelham II, and IKEA. The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.

Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Taking the invention as its object of study, this book develops a radical new perspective on the making of modern patent law. It develops an extended historical and conceptual exploration of the invention in modern patent law. Focussing primarily on the figures that make inventions material, and on how to overcome the intangibility of ideas, this intellectual challenging book makes explicit a dimension of patent law that is not commonly found in traditional commentaries, treatises and cases. The story is told from the perspective of the material media in which the intangible form of the invention is made visible; namely, models, texts, drawings, and biological specimens. This approach brings to light for the first time some essential formative moments in the history of patent law. For example, Figures of Invention describes the central role that scale models played in the making of nineteenth-century patent jurisprudence, the largely mythical character of the nineteenth-century theory that patents texts should function as a means of disclosing inventions, and the profound conceptual changes that emerged from debates as to how to represent and disclose the first biological inventions. At the same time, this historical inquiry also reveals the basic conceptual architecture of modern patent law. The story of how inventions were represented is also the story of the formation of the modern concept of invention, or of the historical processes that shaped the terms in which patent lawyers still apprehend the intangible form of the invention. Although the analysis focuses on the history of patent law in the United States, it develops themes that illuminate the evolution of patent regimes in Europe. In combining close historical analysis with broad thematic reflection, Figures of Invention makes a distinctive contribution both to the field of patent law scholarship and to emerging interdisciplinary debates about the constitution of patent law and of intellectual property in general.

One of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.

One of the common themes in recent public debate has been the law’s inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.