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Full-Text Articles in Law

Still Aiming At The Wrong Target: A Case For Business Method And Software Patents From A Business Perspective, Kristen Jakobsen Osenga Jan 2014

Still Aiming At The Wrong Target: A Case For Business Method And Software Patents From A Business Perspective, Kristen Jakobsen Osenga

Law Faculty Publications

In Part I, I briefly discuss the rise and recent fall of business method patents. Part II covers the scholarly literature discussing business method and software patents. In Part III, I explain the proxy argument that I have made elsewhere and show how it plays in the recent decisions surrounding the patent eligibility of business method and software inventions. I then explain why the analysis of business method and software patents in the literature uses the same proxy-type arguments to avoid more difficult questions of patentability and policy. Finally, I conclude by explaining how business method and software patents, if …


I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett Jan 2012

I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett

Richmond Journal of Law & Technology

Bad facts make bad law. The Supreme Court recently addressed the issue of what constitutes the appropriate standard of proof for invalidating an issued patent. The Patent Act provides a presumption of patent validity. Therefore, a party challenging a patent’s validity bears the burden of overcoming this presumption. However, the Patent Act is silent as to the standard of proof required to satisfy this burden. Despite the Act’s silence, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has consistently held that the Patent Act’s presumption of validity can only be overcome by a showing of clear and …


The Ptos Fast Track Takes Us In The Wrong Direction, Kristen Jakobsen Osenga Jun 2010

The Ptos Fast Track Takes Us In The Wrong Direction, Kristen Jakobsen Osenga

Law Faculty Publications

On June 3, 2010, the Patent Office issued a press release touting an initiative to reduce patent pendency by allowing patent applicants to pick the speed at which their applications are examined. Patent pendency has been an increasing problem in the Patent Office, jumping to 34.6 months last year from 26.7 months in 2003. The proposal has two main prongs: first, provide three paths to patent examination, and second, rely more heavily on foreign patent office efforts. While the press release provides some preliminary details about the proposal, further information is expected to be published in the Federal Register on …


The Unreasonableness Of The Patent Office's 'Broadest Reasonable Interpretation' Standard, Christopher A. Cotropia Jan 2009

The Unreasonableness Of The Patent Office's 'Broadest Reasonable Interpretation' Standard, Christopher A. Cotropia

Law Faculty Publications

This article does what is long overdue: it fully explores the validity of the BRI standard. The previously articulated rationales behind the BRI standard are severely lacking. Not only does the BRI standard fail to provide the advantages touted by the courts that created the standard, the standard is contrary to both the patent statutes and the concept of a unitary patent system. It allows examiners to avoid difficult claim interpretation issues; it leads to improper and uncorrectable denials of patent protection; and it is incurably ambiguous. Given that the BRI standard is severely lacking, the courts and the USPTO …


Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson Jan 2008

Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.


Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson Jan 2008

Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

Se vaticina que imicamente tendrdn una s6lida y duradera presencia en los complejos mercados contempordneos las marcas que se sirvan de estimulos multisensoriales con el objetivo de acaparar la atenci6n de los consumidores. En diversos ordenamientos juridicos, este ha sido el motor que ha propulsado la ampliaci6n del repertorio de signos o simbolos potencialmente elegibles para fungir como marcas de productos o servicios. De aqu6l1os, vale destacar los que tipicamente suelen agruparse bajo la riibrica de “no tradicionales”, a saber: los sonidos, los aromas, los sabores, las formas tridimensionales y los colores.


Mary Doe’S Destiny: How The United States Has Banned Human Embryonic Stem Cell Research In The Absence Of A Direct Prohibition, Yi-Chen Su, Albert Wai-Kit Chan Jan 2008

Mary Doe’S Destiny: How The United States Has Banned Human Embryonic Stem Cell Research In The Absence Of A Direct Prohibition, Yi-Chen Su, Albert Wai-Kit Chan

Richmond Journal of Law & Technology

Mary Doe is a human embryo preserved in liquid nitrogen, in an unnamed in vitro fertilization clinic. Mary Doe’s name was given by an organization dedicated to advocating for equal humanity and personhood of pre-born children, including “children in vitro.” In response to President Clinton’s policy favoring embryonic stem cell [hereinafter ES- cell] research, the organization filed suit on behalf of Mary Doe, and all other frozen human embryos similarly situated, seeking a permanent injunction against any and all plans to undertake human ES-cell experimentation.


The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen Jan 2007

The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen

Richmond Journal of Law & Technology

As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.


Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco Jan 2005

Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco

Richmond Journal of Law & Technology

The question of whether software programs embodying patented processes need to be marked in accordance with the marking requirement as set forth under 35 U.S.C. § 287 is an unanswered issue. This article first analyzes the marking requirement in the United States patent system and then goes on to survey the rocky history of patents on software innovations. After noting that neither the Supreme Court nor the Federal Circuit has directly decided the issue of the applicability of the Marking Statute to software programs, the article analyzes recent federal district court and Federal Circuit cases, ultimately reasoning that the Federal …


Patenting The Minotaur, Bratislav Stanković Jan 2005

Patenting The Minotaur, Bratislav Stanković

Richmond Journal of Law & Technology

Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.


The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota Jan 2002

The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota

Richmond Journal of Law & Technology

The Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.


Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv Jan 1995

Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv

Richmond Journal of Law & Technology

Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …