Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Business
Technology Worth Patenting, Thomas G. Field Jr
Technology Worth Patenting, Thomas G. Field Jr
Law Faculty Scholarship
Inevitably scarce resources are better invested in deciding which [patent] applications are worth filing and seeking the broadest defensible claims for those that are chosen. Whether a patent can be obtained for less than, say, $10,000 is the wrong question. Whether a patent is worth having is the better question—particularly from the standpoint of prospective licensees.
Adequacy Of The 1995 Antitrust Guidelines For Ip Licensing: Commentaries From The 2002 Ftc And Doj Hearings, Clovia Hamilton
Adequacy Of The 1995 Antitrust Guidelines For Ip Licensing: Commentaries From The 2002 Ftc And Doj Hearings, Clovia Hamilton
Winthrop Faculty and Staff Publications
In 1995, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) adopted new guidelines for the licensing of intellectual property rights without violating antitrust laws. The 1995 Antitrust Guidelines for the Licensing of Intellectual Property (IP Guidelines) state the antitrust enforcement policy of the DOJ and the FTC.1 The IP Guidelines drafted by the DOJ and FTC (the agencies) does not provide practitioners with a sufficient level of comfort as they attempt to predict the enforcement initiatives relative to intellectual property licensing.2 The IP Guidelines are inadequate because they misunderstand the nature of intellectual property markets and provide …
Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner
Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner
All Faculty Scholarship
This Article delves into issues surrounding the relationship between technology and the patent law. Responding to Dan Burk and Mark Lemley's earlier article, Is Patent Law Technology-Specific?, the piece notes that the basic question posed by Burk and Lemley's article is a relatively easy question given the several doctrines that explicitly link the subject matter context of an invention to the validity and scope of related patents. This sort of technological exceptionalism (which this Article refers to as micro-exceptionalism) is both observable and easily justifiable for a legal regime directed to technology policy. In contrast, Burk and Lemley's identification of, …