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Full-Text Articles in Law
Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow
Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow
Law Faculty Scholarship
[Excerpt] "Inventors pursue patents and authors receive copyrights.
No special education is required for either endeavor, and nothing
precludes a person from being both an author and an inventor.
Inventors working on patentable industrial projects geared
toward commercial exploitation tend to be scientists or engineers.
Authors, with the exception of those writing computer code, tend
to be educated or trained in the creative arts, such as visual art,
performance art, music, dance, acting, creative writing, film
making, and architectural drawing. There is a well-warranted
societal supposition that most of the inventors of patentable
inventions are male. Assumptions about the genders …
Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter
Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter
Law Faculty Scholarship
Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.
In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …
The Patent Spiral, Roger Allan Ford
The Patent Spiral, Roger Allan Ford
Law Faculty Scholarship
Examination — the process of reviewing a patent application and deciding whether to grant the requested patent — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving meritorious ones. It also acts as a costly screen, discouraging applicants from seeking low-value patents. Yet despite these dual roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant invalid patents that should be filtered out by a substantive screen) and too cheap to do so (because examiners grant low-value nuisance patents that …