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Full-Text Articles in Law
Are Universities Special?, Shubha Ghosh
Are Universities Special?, Shubha Ghosh
Akron Law Review
Universities offer a space for development of ideas, exploration of basic research, and productive outlets for creation and invention. As such, they are key to the innovation environment within which intellectual property laws operate. Although scholarship has focused on universities as institutions counter to other institutions like markets and government, less attention has been paid to universities as organizations, a site for governance through detailed rules and commonly understood norms. When understood as an organization, universities display three overlapping, but distinct models: one of pure research, one of pure commercialization, and one of public purpose. These three models together define …
Smoke And Mirrors: America Invents Act 2011: A Chill In The Air, Robert I. Reis
Smoke And Mirrors: America Invents Act 2011: A Chill In The Air, Robert I. Reis
Akron Intellectual Property Journal
The primary focus of this article is on but a few of the distinct representations reflected in the provisions of the Act and their implications as America Invents is phased in over the next eighteen months. These first three changes address (1) the backlog in the Patent Office by hiring additional examiners, (2) the elimination of the best mode requirement as a defense in an infringement action, (3) the expanding adjudicatory role of the Patent Office in supplemental reviews, derivation proceedings, intra partes review or a post-grant review relative to constitutional due process and separation of powers questions, and (4) …
Minority Report: Real Patent Reform, Maybe Later - The America Invents Act And The Quasi-Recodification Solution, Thomas C. Folsom
Minority Report: Real Patent Reform, Maybe Later - The America Invents Act And The Quasi-Recodification Solution, Thomas C. Folsom
Akron Intellectual Property Journal
This Article has three parts. In Part One, I describe what Congress claims to have done, then what the Act actually has done, and therefore what is the most that can be hoped to come from it. In considering what Congress has done, I briefly outline the theoretical basis of the new hybrid system, neither first-to-invent nor first-to-file, but rather a "first to declare" system with a one-year grace period that is both a shield and a sword to the declarant. More importantly, Congress has indicated it believes the new system is compatible with the Constitutional grant, and I suggest …
America Invents The Supplemental Examination, But Retains The Duty Of Candor: Questions And Implications, Lisa A. Dolak
America Invents The Supplemental Examination, But Retains The Duty Of Candor: Questions And Implications, Lisa A. Dolak
Akron Intellectual Property Journal
This paper considers these duty-of-candor-related issues-issues that the USPTO, the courts, patent owners, and patent challengers may face in the wake of the enactment of the AIA's provisions relating to supplemental examination, But first, by way of background, Part II presents an overview of the legislation relating to supplemental examination and explores how supplemental examination might operate, in light of its apparent goals. Part III considers questions relating to the overlay of supplemental examination on the existing U.S. patent application and enforcement regime, with particular focus on its interplay with the applicant's duty of candor. As that section illustrates, the …