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Full-Text Articles in Law
Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley
Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley
Faculty Articles
Part I of this Article provides an overview of § 102 of the Patent Act, the role of prior art in the patentability analysis, and the origin of the limitation on relevant non-patent, nonpublished art to that existing "in this country." Part II then analyzes the constitutional deficiency of the limitation in light of the express and implied purposes of the Intellectual Property Clause as informed by judicial decisions, technological changes, global contraction, and expanded notions of inventive research sources. Policy concerns are the focus of Part III, which discusses how § 102's geographical limitation facilitates forms of "biopiracy," conflicts …
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Faculty Articles
Part I of this Article provides a look at Internet business model patents in light of key patentability requirements mandated by the Patent Act. Part II traces the evolution of the analogous art component of the non-obviousness determination and illustrates how the malleability of the doctrine, as exemplified in several Court of Appeals for the Federal Circuit decisions, has particular relevance to prior art definitions for Internet business model patents. Part III of this Article then examines the doctrine of equivalents and explores how the likelihood of improper application of this doctrine in the Internet business model context is increased. …