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Full-Text Articles in Law
Congress's Power To Promote The Progress Of Science: Eldred V. Ashcroft, Lawrence B. Solum
Congress's Power To Promote The Progress Of Science: Eldred V. Ashcroft, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay investigates the issues raised by Eldred v. Ashcroft, in which the Supreme Court may decide whether the Copyright Term Extension Act (CTEA) exceeds Congress's authority under that clause. The essay frames the issues in Eldred v. Ashcroft by discussing the history of copyright legislation in general and the CTEA in particular and then summarizing the procedural history of Eldred v. Ashcroft. The essay then undertakes a detailed investigation of the text of the Intellectual Property Clause, with a special emphasis on the interpretation of the clause by the first Congress and early judicial decisions. Three elements …
Liberty And Property In The Patent Law, John R. Thomas
Liberty And Property In The Patent Law, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Patents have seldom troubled civil libertarians. A specialized form of property, patents seemed pertinent to the technologies of traditional industry but little else. Patent instruments offered their readers mere technical documentation; patent cases presented no more than the mapping of a text onto an instantiated artifact; patent policy was principally oriented toward economic optimization of the length and scope of protection. Unbound from technology, contemporary patent law now seems a more robust discipline. Modern patent instruments appropriate a diverse array of techniques that span the entire range of human endeavor. Patent claims, cut loose from physical moorings, have grown more …
The Responsibility Of The Rulemaker: Comparative Approaches To Patent Administration Reform, John R. Thomas
The Responsibility Of The Rulemaker: Comparative Approaches To Patent Administration Reform, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Patent administrators across the globe currently face the most challenging operating environment they have ever known. Soaring application rates, lean fiscal policies and an increasingly ambitious range of patentable subject matter are among the difficulties faced by the world's leading patent offices. These trends have resulted in persistent concerns over the quality of issued patents. Responding to recent writings questioning the value of maintaining high levels of patent quality, Professor Jay Thomas asserts both that patent quality matters, and that increasing the responsibilities of patent applicants provides a fair and efficient mechanism for improving patent office work product. This Article …
Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen
Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
This essay does not attempt to specify the privacy rights that users might assert against the purveyors of DRM systems. Instead, it undertakes a very preliminary, incomplete exploration of several questions on the "property" side of this debate. What is the relationship between rights in copyrighted works and rights in things or collections of bits embodying works? In particular, as the (popular and legal) understanding of copies of works as residing in "things" becomes largely metaphorical, how should the law construct and enforce boundedness with respect to those copies? Does the calculus of property and contract allow for consideration of …