Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Fordham Intellectual Property, Media and Entertainment Law Journal
Three-dimensional ("3D") printing technology, which enables physical objects to be "printed" as easily as words can be printed on a page, is rapidly moving from industrial settings into consumers' homes. The advent of consumer grade 3D printers fundamentally alters the traditional allocation of manufacturing infrastructure and sales activity. No longer do manufacturers need to make, sell, and ship physical products in their physical states. Rather, consumers may download digital representations of products over the Internet for printing in the comfort their own homes. For products sold in this fashion that are patented, this presents difficult hurdles to enforcement against infringers. …
A Great Invisible Crashing: The Rise And Fall Of Patent Eligibility Through Mayo V. Prometheus, Scott Pierce
A Great Invisible Crashing: The Rise And Fall Of Patent Eligibility Through Mayo V. Prometheus, Scott Pierce
Fordham Intellectual Property, Media and Entertainment Law Journal
Title 35 of the United States Code at Section 101 states that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” Despite the apparent simplicity of the statute and its predecessors, the boundaries of patent eligibility dictated by the term “process” and the term “art” that it replaced, along with the terms “machine,” “manufacture” and “composition of matter,” have become increasingly uncertain over the course of the last two-hundred years. Recently, the lack …