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Just For Show: Eliminating Judicial Exceptions To Section 101 Would Render Limits On Patent-Eligible Subject Matter Meaningless, Katie Crocker Jan 2024

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 Jan 2024

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 Jan 2023

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 Jan 2023

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 Jan 2023

Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn

Cybaris®

No abstract provided.


When Inventors Go Bankrupt, Joseph Dietz Jan 2023

When Inventors Go Bankrupt, Joseph Dietz

Cybaris®

No abstract provided.


The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy Jan 2021

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2017

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 Jan 2016

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

“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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2011

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 Jan 2010

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 Jan 2010

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 Jan 2009

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 Jan 2007

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 Jan 2006

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 …