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Full-Text Articles in Intellectual Property Law
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Other Publications
Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
Articles & Chapters
The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
NYLS Law Review
No abstract provided.
Negativing Invention, Jacob S. Sherkow
Negativing Invention, Jacob S. Sherkow
Articles & Chapters
Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …
Peer To Peer Meets The World Of Legal Information: Encountering A New Paradigm, Ethan Katsh, Beth Simone Noveck
Peer To Peer Meets The World Of Legal Information: Encountering A New Paradigm, Ethan Katsh, Beth Simone Noveck
Articles & Chapters
The authors describe a proposed system for patent application reviews that uses new technologies to access information-community peer reviews. By allowing examiners to "mine for data" in the heads of experts rather than in libraries or databases, the proposal illustrates how new technology could change the boundaries of legally authoritative and relevant information and make it possible to identify legitimate authority from new sources.
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Articles & Chapters
No abstract provided.