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Full-Text Articles in Intellectual Property Law
Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze
Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Taking Patents, Gregory Dolin, Irina D. Manta
Taking Patents, Gregory Dolin, Irina D. Manta
All Faculty Scholarship
The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …