Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Law
Rules For Patents, Michael J. Burstein
Rules For Patents, Michael J. Burstein
William & Mary Law Review
There is widespread agreement that the patent system in the United States is in need of reform. Most of the proposals for patent reform that have proliferated in recent years share two common assumptions: first, that patent policy is best made through case-bycase adjudication of the validity of individual patents; and, second, that the existing allocation of authority over patent policy, in which the courts are primarily responsible for interpreting and applying the broad language of the Patent Act, ought not to be disturbed. This
Article challenges both assumptions. I approach the problem of patent reform primarily as a problem …
An Uncomfortable Fit?: Intellectual Property Policy And The Administrative State, Kali Murray, Sapna Kumar, Jason Mazzone, Hannibal Travis
An Uncomfortable Fit?: Intellectual Property Policy And The Administrative State, Kali Murray, Sapna Kumar, Jason Mazzone, Hannibal Travis
Marquette Intellectual Property Law Review
The Southeastern Association of Law Schools (SEALS) panel responds to the considerable scholarship on the increasing integration of administrative law into intellectual property policy. The discussion was conducted August 4, 2009, as part of SEALS' day-long Intellectual Property Workshop in West Palm Beach, Florida. Kali Murray moderated the panel, which included Sapna Kumar, Jason Mazzone, Hannibal Travis, and Jasmine Abdel-khalik.
Rethinking Patent Law In The Administrative State, Orin S. Kerr
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.
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
Villanova Law Review
No abstract provided.
Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman
Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman
Villanova Law Review
No abstract provided.
A Study Of The Version: A Reflection On The Copyright Law's Policy Of Protection, James M. Salony
A Study Of The Version: A Reflection On The Copyright Law's Policy Of Protection, James M. Salony
Villanova Law Review
No abstract provided.