Digital Commons Network^™

The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris

Faculty Scholarly Works

Although scientists have for decades now had the ability to manipulate matter at the atomic level, we have yet to see the nanotechnological revolution that these scientists predicted would follow. Despite the years of effort and billions of dollars that have been invested into research and development thus far, nanotechnology has yielded surprisingly few end-user applications. A number of commentators have blamed this lack of progress on the Bayh-Dole Act and other changes to patent law, arguing that, although these laws are supposed to stimulate technological development, they have in fact had the exact opposite effect when it comes to …

The Many Faces Of Bayh-Dole, Emily Michiko Morris

Faculty Scholarly Works

No abstract provided.

Intuitive Patenting, Emily Michiko Morris

Faculty Scholarly Works

Patentable subject matter determinations are ultimately based not on judicial doctrines, tests, statutes, or even on the economic rationales underlying the patent system; rather, the fundamental touchstone for what qualifies as patentable technology is simply intuition. Specifically, despite the Federal Circuit's rejection of "technological arts" as a linguistically bright-line test, patentable subject matter decisions inevitably devolve into what is, at base, an intuitive sense of what constitutes technology of the type protectable under the patient system.

What Is Technology, Emily Michiko Morris

Faculty Scholarly Works

Patent protection is limited to "technology," but technology is so difficult to define that the Supreme Court has taken up the issue several times in the last several years. The Supreme Court's recent decisions in Bilski, Prometheus, and Myriad have left patentable subject matter doctrine just as confused as ever, however. What is patentable technology?

The answer turns out to have nothing to do with the various pragmatic rationales that courts commonly cite. Rather, the patent system has defined patentable technology according to much simpler criteria - artifice and action. Artifice is the quality of being created by humans, not …

Res Or Rules - Patents And The (Uncertain) Rules Of The Game, Emily Michiko Morris

Faculty Scholarly Works

No abstract provided.

The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris

Faculty Scholarly Works

No abstract provided.

Indigenizing Intellectual Property Law: Customary Law, Legal Pluralism, And The Protection Of Indigenous Peoples’ Rights, Identity, And Resources, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.

The European Commission Project Regarding Competition In Professional Services, Laurel Terry

Faculty Scholarly Works

One goal of this article is to help EU Member States' policy-makers and citizens understand the broad-brush nature of the EU Initiative and remember that it was a call for further investigation by EU Member States. This article provides a detailed case study of the EU Initiative so that as many individuals as possible in the European Union can understand the issues at stake and participate in rigorous discussions about the justifications for, and costs and benefits of, particular lawyer regulation rules in particular countries. Although one goal of this article is to empower European stakeholders and policy-makers, it is …

Remedying Trademark Infringement: The Role Of Bad Faith In Awarding An Accounting Of Defendant’S Profits, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.