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Full-Text Articles in Law
What Is The "Invention"?, Christopher A. Cotropia
What Is The "Invention"?, Christopher A. Cotropia
William & Mary Law Review
Patent law is in flux, with recent disputes and changes in doctrine fueled by increased attention from the Supreme Court and en banc activity by the Federal Circuit. The natural reaction is to analyze each doctrinal area involved on its own. Upon a closer look, however, many patent cases concern a single, fundamental dispute. Conflicts in opinions on such issues as claim interpretation methodology and the written description requirement are really disagreements over which “invention” the courts should be considering.
There are two concepts of invention currently in play in patent decisions. The first is an “external invention” definition, in …
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
William & Mary Law Review
This Essay identifies a new boundary in patent law-illegal or immoral invention creation activity-and explores the possible challenges and opportunities it may facilitate. The boundary currently is neither robust nor extensive, and whether and under what circumstances it should exist at all is open to debate.
Inherency, Dan L. Burk, Mark A. Lemley
Inherency, Dan L. Burk, Mark A. Lemley
William & Mary Law Review
No abstract provided.