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Articles 1 - 8 of 8
Full-Text Articles in Intellectual Property Law
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
Michigan Telecommunications & Technology Law Review
The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Michigan Telecommunications & Technology Law Review
This Article contends that part of the problem of Internet business model patents is the narrow view of analogous art employed by judges and USPTO examiners which largely excludes relevant "real-world" prior art in the determination of non-obviousness under § 103 of the Patent Act. Consequently, part of the solution lies in helping courts and the USPTO properly to define analogous art for a particular invention. To do so, judges and examiners must recognize the interchangeability of computer programming (i.e. "e-world" activities) to perform a function, with human or mechanical performance of the same function (i.e. "real world" activities). Such …
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Michigan Telecommunications & Technology Law Review
Part I of this Article addresses the appropriateness of protecting Internet innovations under the current patent regime. It concludes that the doctrinal, historical and policy arguments require different outcomes regarding computing (patentable subject matter) and competitive arts (at best a difficult fit) innovation. Part II argues that the new electronic economy has given rise to a particular kind of competitive arts "market failure" (interference with first-to-move lead-time incentives) which must be addressed. It concludes, however, that tinkering with the existing patent or copyright regimes is not only complex, but poses significant risks, and should be avoided. Part III sketches the …
More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi
More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
E-Obviousness, Glynn S. Lunney Jr.
E-Obviousness, Glynn S. Lunney Jr.
Michigan Telecommunications & Technology Law Review
As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg
Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg
Law Faculty Scholarly Articles
This article concerns trademark law's functionality doctrine and the Supreme Court's troublesome opinion concerning it in TrafFix Devices, Inc. v. Marketing Displays, Inc. The doctrine provides that if a producer's useful or aesthetic design feature is "functional," then competitors can lawfully copy it even if the feature otherwise would be protected against copying by trademark principles. In order to introduce the functionality doctrine and the trouble with TrafFix, it is helpful to describe the nature of design features, the simultaneous roles they may play as source-identifying trade symbols and as useful or aesthetic product elements, and trademark law's place …