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Full-Text Articles in Law
Patent Inconsistency, Saurabh Vishnubhakat
Patent Inconsistency, Saurabh Vishnubhakat
Indiana Law Journal
Despite the promise of efficiency through the use of expert agency adjudication in U.S. patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems have arisen from important defects in the statutory design, but also from the enormous expansion and ascendancy of the Patent Office itself. Moreover, while duplicative litigation over patent validity is recognized and criticized, its scale and scope has eluded detailed empirical analysis until now. This Article …
The Replicability Crisis In Patent Law, Janet Freilich
The Replicability Crisis In Patent Law, Janet Freilich
Indiana Law Journal
There is a “replicability crisis” in the scientific literature. Scientists attempting to redo experiments in reputable, peer-reviewed journals have found that staggering numbers of these experiments—up to 90%—do not work. Patents, like scientific articles, contain experiments. These experiments often form the backbone of the patent and provide crucial support for patentability. Patent examiners use these experiments to evaluate whether the invention works, and thus whether the patent should be granted. The replicability crisis in the scientific literature is therefore of utmost importance to the patent system. Transferring the insights of the replicability crisis to patents begs the question of whether …
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Indiana Law Journal
How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.
Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that current …
Making Sense Out Of Antisense: The Enablement Requirement In Biotechnology After Enzo Biochem V. Calgene, Matthew D. Kellam
Making Sense Out Of Antisense: The Enablement Requirement In Biotechnology After Enzo Biochem V. Calgene, Matthew D. Kellam
Indiana Law Journal
No abstract provided.
Certainty, Fence Building, And The Useful Arts, Craig Allen Nard
Certainty, Fence Building, And The Useful Arts, Craig Allen Nard
Indiana Law Journal
No abstract provided.
Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter
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.
Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel
Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel
Indiana Law Journal
No abstract provided.
Improvements On Machine After Expiration Of Original Patent
Improvements On Machine After Expiration Of Original Patent
Indiana Law Journal
Notes and Comments: Patent Law