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Just For Show: Eliminating Judicial Exceptions To Section 101 Would Render Limits On Patent-Eligible Subject Matter Meaningless, Katie Crocker
Just For Show: Eliminating Judicial Exceptions To Section 101 Would Render Limits On Patent-Eligible Subject Matter Meaningless, Katie Crocker
Cybaris®
No abstract provided.
The Ungraceful Grace Period: Defining 35 U.S.C. § 102(B)'S Grace Period Exceptions Post-Helsinn, Adam Burstain
The Ungraceful Grace Period: Defining 35 U.S.C. § 102(B)'S Grace Period Exceptions Post-Helsinn, Adam Burstain
Cybaris®
No abstract provided.
Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig
Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig
Cybaris®
No abstract provided.
Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor
Cybaris®
No abstract provided.
Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn
Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn
Cybaris®
No abstract provided.
When Inventors Go Bankrupt, Joseph Dietz
The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy
The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy
Faculty Scholarship
A fundamental criterion of patentability is that an invention must be new as compared to the prior art—the corpus of preexisting knowledge and technology already available to the public. If an invention is in the prior art, or rendered obvious by it, it cannot be patented.
The U.S. Patent Act has traditionally envisioned a categorical approach for deciding what counts as prior art. Under this approach, courts are supposed to decide whether a particular disclosure about the invention (a reference) falls within one of the categories listed in Section 102 of the Patent Act, such as “described in a printed …
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
Cybaris®
No abstract provided.
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
Cybaris®
No abstract provided.
Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson
Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson
Cybaris®
No abstract provided.
Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn
Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn
Faculty Scholarship
In 2006, I published an article examining the rising use of racial categories in biomedical patents in the aftermath of the successful completion of the Human Genome Project and the production of the first draft of a complete human genome. Ten years on, it now seems time to revisit the issue and consider it in light of the current era of “Precision Medicine” so prominently promoted by President Obama in his 2015 State of the Union address where he announced a $215 million proposal for the Precision Medicine Initiative as “a bold new research effort to revolutionize how we improve …
Make America Innovate Again: Construing Patent Box Proposals In View Of A Policy Mix Approach, Adam E. Szymanski
Make America Innovate Again: Construing Patent Box Proposals In View Of A Policy Mix Approach, Adam E. Szymanski
Cybaris®
No abstract provided.
A Balanced Approach To Patent Utilization, Marlo T. Miksche, Steven W. Roth
A Balanced Approach To Patent Utilization, Marlo T. Miksche, Steven W. Roth
Cybaris®
No abstract provided.
Foreign Filing Strategies For U.S.-Based Intellectual Assets, Robert Fichter, Nicholas Benham
Foreign Filing Strategies For U.S.-Based Intellectual Assets, Robert Fichter, Nicholas Benham
Cybaris®
No abstract provided.
A New Theory For Patent Subject Matter Eligibility: A Veblenian Perspective, Austen Zuege
A New Theory For Patent Subject Matter Eligibility: A Veblenian Perspective, Austen Zuege
Cybaris®
No abstract provided.
A Survey Of The Legal Landscape Facing Entities With Patents Reciting A Method Of Using A Medical Device, Rigel Menard
A Survey Of The Legal Landscape Facing Entities With Patents Reciting A Method Of Using A Medical Device, Rigel Menard
Cybaris®
No abstract provided.
Patent Law Pro Bono: A Best Practices Handbook, Amy M. Salmela, Mark R. Privratsky
Patent Law Pro Bono: A Best Practices Handbook, Amy M. Salmela, Mark R. Privratsky
Cybaris®
No abstract provided.
Statutory Construction And Policy Arguments For A Symmetric Approach To Promulgating Guidelines For New Section 102(B) Subparagraphs (A) And (B)—The First-To-Publish Grace Period Exceptions To Prior Art, Brad Pedersen, Christian Hansen
Statutory Construction And Policy Arguments For A Symmetric Approach To Promulgating Guidelines For New Section 102(B) Subparagraphs (A) And (B)—The First-To-Publish Grace Period Exceptions To Prior Art, Brad Pedersen, Christian Hansen
Cybaris®
No abstract provided.
Supplemental Examination And Inequitable Conduct: Protection And Pitfalls, Daniel Parrish
Supplemental Examination And Inequitable Conduct: Protection And Pitfalls, Daniel Parrish
Cybaris®
No abstract provided.
“Made Available To The Public”—Understanding The Differences Of The America Invents Act From The European Patent Convention In Its Definition Of Prior Art , Dale Bjorkman, Gilbert Voortmans, Lindsay M. Block
“Made Available To The Public”—Understanding The Differences Of The America Invents Act From The European Patent Convention In Its Definition Of Prior Art , Dale Bjorkman, Gilbert Voortmans, Lindsay M. Block
Cybaris®
No abstract provided.
What Do We Do Now? How The Elimination Of The Best Mode Requirement Minimizes Adequate Disclosure And Creates A Potentially Unenforceable Fact Pattern , Lucas V. Greder
What Do We Do Now? How The Elimination Of The Best Mode Requirement Minimizes Adequate Disclosure And Creates A Potentially Unenforceable Fact Pattern , Lucas V. Greder
Cybaris®
No abstract provided.
Identifying Indicia Of Extortion In Patent Troll Cases: Eon-Net Lp V. Flagstar Bancorp (2011 U.S. App. Lexis 15650) (Fed. Cir. 2011), Lucas Hjelle
Cybaris®
No abstract provided.
The Evolving 510(K) System And Its Effect On Patent Litigation, Jessica Alm
The Evolving 510(K) System And Its Effect On Patent Litigation, Jessica Alm
Cybaris®
No abstract provided.
Extraterritoriality Of The Patent Statute: An Analysis Of The Federal Circuit’S Decision In Transocean V. Maersk, Daniel Bruzzone
Extraterritoriality Of The Patent Statute: An Analysis Of The Federal Circuit’S Decision In Transocean V. Maersk, Daniel Bruzzone
Cybaris®
No abstract provided.
Tiptoeing Through The Peripheral Minefield: Why Catering To Concepts Of Notice Is Misguided, Brian D. Bender
Tiptoeing Through The Peripheral Minefield: Why Catering To Concepts Of Notice Is Misguided, Brian D. Bender
Cybaris®
No abstract provided.
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling
Faculty Scholarship
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of Korean Intellectual Property Office (KIPO). Part II will take a brief look at the rationale underpinning Korea's confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. In order to provide a basis of comparison, reference will be made wherever …
The “Matrix” For Changing First-To-Invent: An Experimental Investigation Into Proposed Changes In U.S. Patent Law, Brad Pedersen, Justin Woo
The “Matrix” For Changing First-To-Invent: An Experimental Investigation Into Proposed Changes In U.S. Patent Law, Brad Pedersen, Justin Woo
Cybaris®
No abstract provided.
Using Patents To Protect Traditional Knowledge, Jay Erstling
Using Patents To Protect Traditional Knowledge, Jay Erstling
Faculty Scholarship
The role that intellectual property can play in the protection of traditional knowledge (TK) has been on the international agenda for more than ten years, with little to show for it. For example, the World Intellectual Property Organization (WIPO) has provided a forum for international policy debate on the subject since 1998, and the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has held meetings on draft provisions for the protection of TK against misappropriation and misuse since 2001. Similarly, since 1999 the World Trade Organization (WTO) has been examining the most effective means …
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Faculty Scholarship
This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …
The Patent Cooperation Treaty: At The Center Of The International Patent System, Jay Erstling
The Patent Cooperation Treaty: At The Center Of The International Patent System, Jay Erstling
Faculty Scholarship
In view of the fact that the PCT is composed of almost 130 countries and that more than 100 national and regional patent offices, as well as WIPO itself, perform PCT functions, it is remarkable that the system operates so smoothly and continues to gain momentum. Perhaps the system’s greatest strength comes from the immense diversity of legal, linguistic, and national cultures that constitute the PCT. While the system has served to harmonize divergent practices, it has also been obliged to accommodate to the sometimes inflexible peculiarities of national law and procedure. The PCT’s ability to strike a balance between …