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Intellectual Property Law

Patent Law

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Articles 151 - 180 of 180

Full-Text Articles in Law

Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti Jan 2005

Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti

Scholarship@WashULaw

Research firms disclose a surprisingly large amount of information to the patent office through “targeted” disclosures, that is, disclosures intended to make the patent office aware of potentially patentable information. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm does not itself plan to pursue patents related to the disclosed information, so the firm discloses to create prior art that might stop rivals from patenting. But firms have an incentive to disclose even if they intend to pursue patent protection. The reason is that, by making it more difficult to patent, disclosure extends the patent …


Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard Jan 2004

Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard

Faculty Publications

Introduction to The Law, Technology & the Arts Symposium: The Past, Present and Future of the Federal Circuit, Cleveland, Ohio.


Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley Dec 2003

Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley

William & Mary Law Review

This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …


Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor Dec 2003

Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor

William & Mary Law Review

No abstract provided.


In Defense Of Geographic Disparity, Craig Allen Nard Jan 2003

In Defense Of Geographic Disparity, Craig Allen Nard

Faculty Publications

A response to Margo A. Bagley, Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, 87 Minn. L. Rev. 679 (2003).


Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard Jan 2002

Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard

Faculty Publications

This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.


The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy Jan 2002

The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy

Faculty Publications

No abstract provided.


The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk Dec 2001

The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk

William & Mary Law Review

No abstract provided.


A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr. Oct 2001

A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.


Making Sense Out Of Antisense: The Enablement Requirement In Biotechnology After Enzo Biochem V. Calgene, Matthew D. Kellam Jan 2001

Making Sense Out Of Antisense: The Enablement Requirement In Biotechnology After Enzo Biochem V. Calgene, Matthew D. Kellam

Indiana Law Journal

No abstract provided.


Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard Jan 2001

Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard

Faculty Publications

This article asserts that although notions of uniformity and certainty have always been part of patent law parlance, since the Federal Circuit's decision in Markman v. Westview Instruments, Inc., these noble ends have achieved mantra status. In Markman, the Federal Circuit, in the name of uniformity and certainty, characterized claim interpretation as a question of law subject to de novo review, thus positioning itself as the arbiter of claim meaning. If the Federal Circuit is unwilling to exercise greater obeisance toward district court claim interpretations, this article argues that to achieve uniformity and certainty in the context of de novo …


Rethinking Patent Law In The Administrative State, Orin S. Kerr Oct 2000

Rethinking Patent Law In The Administrative State, Orin S. Kerr

William & Mary Law Review

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.


Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus Jan 2000

Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus

Scholarship@WashULaw

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …


A Theory Of Claim Interpretation, Craig Allen Nard Jan 2000

A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …


Certainty, Fence Building, And The Useful Arts, Craig Allen Nard Jul 1999

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Indiana Law Journal

No abstract provided.


Certainty, Fence Building, And The Useful Arts, Craig Allen Nard Jan 1999

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Faculty Publications

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.


Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter Jul 1998

Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter

Indiana Law Journal

No abstract provided.


Markman V. Westview Instruments, Inc.: Patent Construction Is Within The Exclusive Province Of The Court Under The Seventh Amendment, Sue Ann Mota Jan 1997

Markman V. Westview Instruments, Inc.: Patent Construction Is Within The Exclusive Province Of The Court Under The Seventh Amendment, Sue Ann Mota

Richmond Journal of Law & Technology

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.


Legitimacy And The Useful Arts, Craig Allen Nard Jan 1997

Legitimacy And The Useful Arts, Craig Allen Nard

Faculty Publications

The fundamental question this Article addresses is who should be primarily responsible for making patent validity determinations: the courts5 or the Patent and Trademark Office (“PTO”)?6 Which entity *517 would best serve the constitutional goal of promoting the progress of the useful arts?


Tipping The Balance: Hilton Davis And The Shape Of Equity In The Doctrine Of Equivalents, Jonathon Taylor Reavill Oct 1996

Tipping The Balance: Hilton Davis And The Shape Of Equity In The Doctrine Of Equivalents, Jonathon Taylor Reavill

William & Mary Law Review

No abstract provided.


Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel Apr 1996

Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel

Indiana Law Journal

No abstract provided.


Deference, Defiance, And Useful Arts, Craig Allen Nard Jan 1995

Deference, Defiance, And Useful Arts, Craig Allen Nard

Faculty Publications

My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …


Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen Jan 1995

Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Over the past few years, there has been an abundance of scholarship dealing with the appropriate scope of copyright and patent protection for computer programs. This Article approaches those problems from a slightly different perspective, focusing on the discrete problem of lock-out programs. The choice of lock-out as a paradigm for exploring the interoperability question and the contours of copyright and patent protection of computer programs is informed by two considerations. First, for purposes of the interoperability inquiry, lock-out programs represent an extreme; they are discrete, self-contained modules that are highly innovative in design, yet that serve no purpose other …


Conception And The "On Sale" Bar, David W. Carstens, Craig Allen Nard Feb 1993

Conception And The "On Sale" Bar, David W. Carstens, Craig Allen Nard

William & Mary Law Review

No abstract provided.


An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu May 1992

An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu

William & Mary Law Review

No abstract provided.


Nonobviousness In Patent Law: A Question Of Law Or Fact? Mar 1977

Nonobviousness In Patent Law: A Question Of Law Or Fact?

William & Mary Law Review

No abstract provided.


After Blonder-Tongue: Back To The Laboratory To Find A Patent Validation System Even A Court Could Trust Dec 1974

After Blonder-Tongue: Back To The Laboratory To Find A Patent Validation System Even A Court Could Trust

William & Mary Law Review

No abstract provided.


The Utility Requirement In Chemical Process And Chemical Intermediate Patent Claims, James K. Stewart Mar 1968

The Utility Requirement In Chemical Process And Chemical Intermediate Patent Claims, James K. Stewart

William & Mary Law Review

No abstract provided.


Improvements On Machine After Expiration Of Original Patent Jan 1943

Improvements On Machine After Expiration Of Original Patent

Indiana Law Journal

Notes and Comments: Patent Law


Curb-Stone Patent Opinions, Dwight B. Cheever Apr 1905

Curb-Stone Patent Opinions, Dwight B. Cheever

Michigan Law Review

Having been asked almost every day for the last nine years for offhand-commonly called curb-stone-opinions on one or more of certain very elementary propositions in Patent Law, it has occurred to me that perhaps a discussion of some of these questions would be of more practical value to the readers of this magazine than a comprehensive discussion of a more elaborate subject.