Introduction;
1 The British Tradition
BASIC CLAIM THEORY THE TRADITIONAL BRITISH APPROACH Exceptions to the General Rule
THE PITH AND MARROW Applying the Test;
2 History of the Patent System-The Canvas Prepared;
INTRODUCTION;
The Guild System: Alternative Monopoly Early Monopoly Grants THE STATUTE OF VENICE The Spread of a Statute GRANT EARLY ENGLISH GRANTS A NEW POLICY OF MONOPOLY
NOVELTY AND CONSIDERATION The Working Clause The Working Clause THE PROBLEM OF ODIOUS MONOPOLIES Monopoly Classified Mounting Opposition JUDGING MONOPOLY AT COMMON LAW BATTLES OF A KING From Bounty to Statute THE STATUTE OF MONOPOLIES
Commentary The True Significance of the Statute A LEGISLATIVE AFTERMATH ISSUES OF JURISDICTION Pressure for Change
CONSIDERATION REVISITED-THE BIRTH AND GROWTH OF
THE SPECIFICATION From Introduction to Explanation as the Price of Monopoly
THE NOVELTY OF NASMITH
A Mark of Evolution A PRACTICE ACCEPTED
LIARDET v JOHNSON
CONCLUSION;
3 Patents within the Market Economy (Part I)-Classical Economics and Philosophy
PREFACE
INTRODUCTION
PATENTS WITHIN THE MARKET ECONOMY
An Economic Analysis of the Patent System-Hiatus Pressure Leading up to the Debate
PROPERTY AND PATENTS Free Goods and Public Goods
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 POSTSCRT So What Can We Learn from the Victorian Controversy?
4 Patents within the Market Economy (Part II)-Does the Philosophy fit the Facts?
INTRODUCTION;
WHY PATENT?
Motivation to Patent: Other Considerations;
DRAFTING A PATENT: DETERMINANTS OF SCOPE;
Timing, The Importance of Knowledge, A Breakdown of Communication, The Peculiar Problem of the Prior Art;
THE DRAFTING OF THE SPECIFICATION, LITERAL OR LIBERAL INTERPRETATION?
The Literal View, The Liberal View;
CONCLUSION;
5 Patents within the Market Economy (Part III)-Post-Classical Economics Thought & Theories of Protection,
SOME BASICS OF ECONOMIC ANALYSIS,
Demand and Price Elasticity The Demand Curve under Competition Marginal Revenue, Cost, Profit,
PATENTS AS MONOPOLIES-WHAT'S IN AWORD? THE ECONOMIC ARGUMENT FOR THE PATENT SYSTEM POST-CLASSICAL MODELS AND JUSTIFICATIONS THE PATENT-INDUCED INNOVATION THEORY, Questions of Scope, Criticisms of the Patent-Induced Theory,
A BRIEF ASIDE-THE PROBLEM OF CUMULATIVE RESEARCH, THE PROSPECT THEORY
Implications for Claim Scope;
THE RACE-TO-INVENT THEORY,
Criticisms and Implications for Claim Scope;
THE RENT DISSIPATION THEORY,
Criticisms and Implications for Patent Scope;
RECENT ALTERNATIVES,
Problems with other Theories ,Patent Signals;
CLOSING COMMENTS;

PART II-COMPARATIVE FACTORS;
6 America-Promoting the Useful Arts,
PREFACE;
INTRODUCTION;
EARLY HISTORY,
Central Definition Theory Peripheral Definition Theory and the 1870 Act;
GRAVER TANK,
The Decision in Graver Tank Criticism of the Decision Section 112 Equivalents: an Aside
Hostility and Instability following Graver Tank;
THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
Expanding the Doctrine of Equivalents: Hughes Aircraft File Wrapper Estoppel : Introduction ormative Years: Further Uncertainties;
NARROWING THE DOCTRINE OF EQUIVALENTS,
Pennwalt Corp v Durand-Wayland Inc After Pennwalt: Corning Glass;
WARNER-JENKINSON: THE SUPREME COURT REVISITS EQUIVALENTS,
Death of the Doctrine?
On File-Wrapper Estoppel Intent of the Defendant,
After-Arising Equivalents?
A Test for Equivalence?
MANI-FESTOFOR THE FUTURE?
The Problem Identified, Judgment en Banc
Fallout, Festo in the Supreme Court, Comment;
POSTSCRIPT: THE CAFC REVISITS FESTO,
Rebutting the Festo Presumption,The Rebuttal Criteria,
CONCLUSION;
7 Germany-A Tradition of Expansive Interpretation
PREFACE
ARTICLE 69 AND THE PROTOCOL: A BRIEF HISTORY GERMANY: THE HISTORICAL PERSPECTIVE,
Towards Protection,
The First Period,
The Second Period,
The Third Period,
THE THREE-PART DOCTRINE,
The 'Direct Subject Matter' of the Invention, The 'Subject Matter' of the Invention, The 'General Inventive Idea', The Defence of 'State of the Art' The Object of Criticism
THE FOURTH PERIOD,
FORMSTEIN,
POST-FORMSTEINSOLIDIFICATION OF APPROACH EPILADY,
The Decision,
IMPLICATIONS AND RECENT PRACTICE,
Plastic Pipes, Cutting Knife I;
CONCLUSION 2:
8 Japan-'And we shall have Patents',
PREFACE ,
BRIEF HISTORY
Towards Isolation From Abstention to Acceptance-Isolation's End,
A Return to Imperial Rule The Protection of invention-a False Start;
THE 1885 ORDINANCE,
American Influences,
National Favouritism-a Lesson from the West?
POST-CONVENTION-INCREMENTAL DEVELOPMENT, CULTURAL FORMATTING-INSTITUTIONAL COLLECTIVISM? CONTINUED PRESSURE FOR REFORM, POLICY REFORMS, THE BALL SPLINE DECISION;
The Patent, The Original Decision, The Appeal, The Repercussions and the Fallout, Subsequent nterpretation;
CONCLUSION;
9 From Pith to Purpose-British Claim Interpretation under the Protocol ;
PREFACE,
PATENTS IN TRANSITION,THE CATNICLEGACY 2
The Dispute, Catnic in the Lords, The Judgment;
PROBLEMS WITH APPLICATION OF THE TEST;
An Objective Assessment ... with Prejudice, Interpretation as of Publication 3
POST CATNIC, CATNICBEGETS IMPROVER;
Post Catnic. Hiatus, Improver in the Court of Appeal,
IMPROVER AT FULL TRIAL: REFORMULATION OF THE TEST,
The Test in Operation, Reference to Germany;
IMPROVER ACCEPTED, REBELLION INSTIGATED;
The Dissenting View, Deconstructing the Dissent,
REBELLION QUASHED
The Approach to Construction Interpretation under the Protocol: Deconstructing PLG
Assidoman Accepted So Catnic Lives on,
IMPROVER BEGETS THE PROTOCOL QUESTIONS;
A Radical Approach?
The Majority View,
Comment;
SYSTEMIC CHANGE KIRIN-AMGENTO THE COURT OF APPEAL,
CONCLUSION;
10 Kirin-Amgen and Beyond-Cast Adrift on a Sea of Uncertainty?
INTRODUCTION,
IN THE INTERIM,
Comment,
A PROTOCOL REMASTERED KIRIN-AMGENIN THE LORDS;
Of Article 69, The Protocol and the Function of the Claims, Of Purpose and Context
Of Protection for Equivalents, Of the New Protocol and the Protocol Questions, Claim Construction on the Facts Of New Technology;
COMMENT ON KIRIN,
Repercussive Effects,
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?
Towards Further Harmonisation,A Modest Proposal
TO CONCLUDE;