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Articles 1 - 12 of 12
Full-Text Articles in Law
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
Journal of Intellectual Property Law
No abstract provided.
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
Journal of Intellectual Property Law
No abstract provided.
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
Journal of Intellectual Property Law
No abstract provided.
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Journal of Intellectual Property Law
No abstract provided.
Invalidated Patents And Associated Patent Examiners, Shine Tu
Invalidated Patents And Associated Patent Examiners, Shine Tu
Law Faculty Scholarship
This study attempts to determine whether there are common
characteristics between examiners who issue invalidated patents. This
study uses two new patent databases that code for nearly 1.7 million
patents and approximately one thousand patents that were litigated to
a 'final" judgment between 2010 and 2011. This study finds that
approximately one-third of patents that are litigated to final judgment
are found invalid. Most invalidated patents are found in technology
centers 1600, 2600, and 2700, which correspond to biotechnology and
organic chemistry, communications, and computer science, respectively.
Most patents are invalidated on prior art-type novelty and obviousness
grounds. This study …
When Biopharma Meets Software: Bioinformatics At The Patent Office, Saurabh Vishnubhakat, Arti K. Rai
When Biopharma Meets Software: Bioinformatics At The Patent Office, Saurabh Vishnubhakat, Arti K. Rai
Faculty Scholarship
Scholars have spilled much ink questioning patent quality. Complaints encompass concern about incoming applications, examination by the U.S. Patent and Trademark Office (“USPTO”), and the USPTO’s ultimate output. The literature and some empirical data also suggest, however, that applications, examination, and output may differ considerably based on technology. Most notably, although definitions of patent quality are contested, quality in the biopharmaceutical industry is often considered substantially higher than that in information and communications technology (ICT) industries.
This Article presents the first empirical examination of what happens when the two fields are combined. Specifically, it analyzes the creation and early history …
The Uspto Patent Pro Bono Program, Jennifer M. Mcdowell, Saurabh Vishnubhakat
The Uspto Patent Pro Bono Program, Jennifer M. Mcdowell, Saurabh Vishnubhakat
Faculty Scholarship
In recent years, the United States Patent and Trademark Office has systematically been engaging the legal community with inventor assistance beyond the agency’s usual business of examining applications for patents and trademarks. The purpose of the USPTO’s effort has been to support innovators who are constrained by a lack of resources to pay for patent counsel necessary to protect the full scope of their inventions. This Article describes the brief history, flexible structure, and ongoing growth of that effort, embodied in the USPTO Patent Pro Bono Program. The Patent Pro Bono Program is a national network coordinated by the USPTO …
Phillips V. Awh: Changing The Name Of The Game, David Potashnik
Phillips V. Awh: Changing The Name Of The Game, David Potashnik
Akron Law Review
The Federal Circuit granted an en banc hearing of Phillips v. AWH Corp. to address the dichotomy existing in the Circuit’s jurisprudence. Because of the impact of claim construction on every litigated patent, Phillips has been deemed one of the most important cases in patent law since the landmark case of Markman v. Westview Instruments Inc. in the mid-1990s. In order to help the reader understand the implications of the case, the remainder of this Note is divided into four sections. Section II details the history and development of claim construction. Section I II discusses the Phillips case, including the …
Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Farley
Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Farley
Contributions to Books
Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …
Institutionalizing The Uspto Law School Clinic Certification Program For Transactional Law Clinics, Jennifer S. Fan
Institutionalizing The Uspto Law School Clinic Certification Program For Transactional Law Clinics, Jennifer S. Fan
Articles
With 188 transactional law clinics nationwide and the United States Patent and Trademark Office (“USPTO”) Law School Clinic Certification Program (“Program”) recently established as a statutory program of the USPTO, this Article argues that every transactional clinic that works on trademark and patent applications should apply to become part of the Program. In satisfying the participation requirements of the Program, transactional law clinics will usher in a new, uniform way to educate aspiring intellectual property attorneys. As a result, the law students will not only be “practice ready,” but also more effective attorneys once they are in practice. Participating in …
Recent Developments In Intellectual Property Law — A 2014 Retrospective, W. Keith Robinson
Recent Developments In Intellectual Property Law — A 2014 Retrospective, W. Keith Robinson
Faculty Journal Articles and Book Chapters
The year 2014 was an eventful one for intellectual property law. Every branch of government affected intellectual property law in one way or another. The Supreme Court ruled on several important intellectual property law cases; federal and state legislatures contemplated and enacted various new statutes that changed the intellectual property law landscape; and the U.S. Patent and Trademark Office continued to implement new procedures governing the issuance and reconsideration of intellectual property rights. These events captured the consciousness of the American public and garnered significant media attention, more so than any year in recent memory. As these events proved, technological …
Recent Developments In Intellectual Property Law — A 2014 Retrospective, David O. Taylor, W. Keith Robinson
Recent Developments In Intellectual Property Law — A 2014 Retrospective, David O. Taylor, W. Keith Robinson
Faculty Journal Articles and Book Chapters
The year 2014 was an eventful one for intellectual property law. Every branch of government affected intellectual property law in one way or another. The Supreme Court ruled on several important intellectual property law cases; federal and state legislatures contemplated and enacted various new statutes that changed the intellectual property law landscape; and the U.S. Patent and Trademark Office continued to implement new procedures governing the issuance and reconsideration of intellectual property rights. These events captured the consciousness of the American public and garnered significant media attention, more so than any year in recent memory. As these events proved, technological …