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Global Patenting And Its Effect On The Optimal Patent Term In The United States, Wesley D. Markham
Global Patenting And Its Effect On The Optimal Patent Term In The United States, Wesley D. Markham
Wesley D Markham
Patent globalization has arrived. Procedurally, the Patent Cooperation Treaty (PCT) makes it easy for firms to seek patent protection in many countries around the world. Substantively, the TRIPS Agreement has upped the level of patent protection available in these countries. One critically important issue is how patent law in the United States should respond to the increased globalization of the patent system. Specifically, should we reduce the patent term in the United States to compensate for the enhanced potential for patent exclusivity outside the United States? In this article, I develop a new metric which I call the “global patent …
Is "Best Mode" The Worst? Dueling Arguments, Empirical Analysis, And Recommendations For Reform, Wesley D. Markham
Is "Best Mode" The Worst? Dueling Arguments, Empirical Analysis, And Recommendations For Reform, Wesley D. Markham
Wesley D Markham
The “best mode” requirement, which mandates that an inventor disclose in her patent application the best way to practice her invention, has become a polarizing force as Congress endeavors to comprehensively revamp U.S. patent law. In this article, I examine the “best mode” requirement through a variety of lenses. In doing so, my ultimate goal is to recommend the ideal course of action for “best mode” reform – to fix “best mode,” if it is indeed broken, or to scuttle it if it is beyond repair. To begin, I set forth and evaluate the arguments advanced by both proponents and …