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Full-Text Articles in Intellectual Property Law
The Accidental Agency?, Sapna Kumar
The Accidental Agency?, Sapna Kumar
Florida Law Review
This Article presents a new model for examining the role of the Court of Appeals for the Federal Circuit (Federal Circuit) with regard to patent law, positing that the Federal Circuit behaves like an agency and serves as the de facto administrator of the Patent Act. The Federal Circuit has traditionally engaged in a form of substantive rulemaking by issuing mandatory bright-line rules that bind the public. In reviewing patent agency appeals, the Federal Circuit acts more like an agency than a court by minimizing agency deference through the manipulation of standards of review and administrative law doctrines. This position …
Why History Matters In The Patentable Subject Matter Debate, Adam Mossoff
Why History Matters In The Patentable Subject Matter Debate, Adam Mossoff
Florida Law Review
In America’s First Patents, Michael Risch proves that nothing beats the facts when it comes to making or assessing claims about the history of patentable subject matter doctrine. Of course, one might ask why we should care about history, especially when justifying or critiquing legal rules that secure property rights in twenty-first-century innovation in high-tech computers or biotech. It’s a fair question.
What Do America’S First Patents Have To Do With Today’S?, Kristen Osenga
What Do America’S First Patents Have To Do With Today’S?, Kristen Osenga
Florida Law Review
I was excited to read Michael Risch’s latest Article,America’s First Patents, in large part because he and I generally agree, especially when it pertains to the topic of patent-eligible subject matter. In this Article, Professor Risch examines patent-eligible subject matter through a unique lens—history based on early patents.
Razing The Funhouse?, Shubha Ghosh
Razing The Funhouse?, Shubha Ghosh
Florida Law Review
Whether as a scholar or just an ordinary thoughtful person, one cannot completely ignore history. At the same time, the past is annoying, used to promote a whole host of agendas in the guise of tradition, legitimacy, respect. Michael Risch’s engaging and just plain fun article looks at America’s First Patents and asks about the relevance of history to law.