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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Semiotics 101: Taking The Printed Matter Doctrine Seriously, Kevin Emerson Collins Oct 2010

Semiotics 101: Taking The Printed Matter Doctrine Seriously, Kevin Emerson Collins

Indiana Law Journal

The printed matter doctrine is a branch of the section 101 doctrine of patent eligibility that, among other things, prevents the patenting of technical texts and diagrams. The contemporary formulation of the doctrine is highly problematic. It borders on incoherency in many of its applications, and it lacks any recognized grounding in the Patent Act. Yet, despite its shortcomings, courts have not abandoned the printed matter doctrine, likely because the core applications of the doctrine place limits on the reach of the patent regime that are widely viewed as both intuitively "'correct" and normatively desirable. Instead of abandoning the doctrine, …


Patent Challenges And Royalty Inflation, Michael Risch Jul 2010

Patent Challenges And Royalty Inflation, Michael Risch

Indiana Law Journal

No abstract provided.


Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen Apr 2010

Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen

Indiana Law Journal

Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become …