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Intellectual Property Law

Maurer School of Law: Indiana University

Indiana Law Journal

Patents

Articles 1 - 16 of 16

Full-Text Articles in Law

Patent Term Tailoring, Sarah Rajec Jan 2024

Patent Term Tailoring, Sarah Rajec

Indiana Law Journal

Patent rights are designed to encourage innovation with both the promise of a patent and with its expiration. Currently, patent term lasts from issuance until twenty years from the application date, with minor exceptions. The patent term is limited so that rewards for past invention do not overly hinder future progress. Although the goal is laudable, a uniform patent term is a blunt instrument to achieve such a nuanced balance. Historically, the patent system was not averse to tailoring terms through, for example, individually granted extensions to undercompensated inventors or term curtailment when a foreign patent holder failed to “work” …


Psychedelic Drugs & The Prior Art Problem, Anneli E. Kawaoka Jan 2023

Psychedelic Drugs & The Prior Art Problem, Anneli E. Kawaoka

Indiana Law Journal

For the first time since the War on Drugs began in the 1970s, researchers have returned to the promise of psychedelic drugs for treating the growing mental health crisis in the United States. As research into psychedelic drugs as a conventional treatment method for mental health conditions grows, so does the number of filings at the U.S. Patent & Trademark Office for psychedelic-related patents. But the decades-long lapse in the development of psychedelic drugs creates the risk that low-quality psychedelic patents will issue, giving limited monopolies to companies that have not truly innovated in the psychedelic space. In this Note, …


Patent Inconsistency, Saurabh Vishnubhakat Jan 2022

Patent Inconsistency, Saurabh Vishnubhakat

Indiana Law Journal

Despite the promise of efficiency through the use of expert agency adjudication in U.S. patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems have arisen from important defects in the statutory design, but also from the enormous expansion and ascendancy of the Patent Office itself. Moreover, while duplicative litigation over patent validity is recognized and criticized, its scale and scope has eluded detailed empirical analysis until now. This Article …


University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost Jul 2016

University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost

Indiana Law Journal

This Article focuses on intellectual property (IP) issues in the university setting. Often, universities require faculty who have been hired in whole or in part to invent to assign inventions created within the scope of their employment to the university. In addition, the most effective way to secure compliance with the Bayh-Dole Act, which deals with ownership of inventions involving federally funded research, is for the university to take title to such inventions. Failure to specify who has title can result in title passing to the government. Once the university asserts ownership, it then decides whether to process a patent …


The Federal Question In Patent-License Cases, Amelia Smith Rinehart Apr 2015

The Federal Question In Patent-License Cases, Amelia Smith Rinehart

Indiana Law Journal

The patent law has long recognized a patent owner’s ability to license some interest in the patent by granting to others permission to tread upon the patent owner’s property rights without legal consequence. When one of the parties to a patent license decides to seek remedies from the other party for a license harm, the resulting litigation may be a patent-infringement case with a contract issue or a contract case with a patent issue. In most cases, the patent owner brings her suit against the licensee in federal court, alleging that the licensee breached the license contract and, as a …


Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes Jan 2014

Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes

Indiana Law Journal

No abstract provided.


Patents Fettering Reproductive Rights, Scott A. Allen Jan 2012

Patents Fettering Reproductive Rights, Scott A. Allen

Indiana Law Journal

No abstract provided.


Patents, Presumptions, And Public Notice, Timothy R. Holbrook Jul 2011

Patents, Presumptions, And Public Notice, Timothy R. Holbrook

Indiana Law Journal

Patents are peculiar legal instruments in that they contain both technical and legal information. This Janus-like nature of the documents is important because they serve the legal purpose of affording the owner the right to exclude others from practicing the invention, and third parties need to be able to assess the scope of that right. At the same time, through the patent’s disclosure, the document is intended to contribute to the storehouse of technical knowledge. Superficially, patents are generally viewed through the eyes of the hypothetical person having ordinary skill in the art (PHOSITA), patent law’s “reasonable person.” Unfortunately, the …


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 …


Combining The Components Of Life: The Application Of Patent Extraterritoriality Doctrine To Biotechnology, Jennifer L. Schuster Jan 2008

Combining The Components Of Life: The Application Of Patent Extraterritoriality Doctrine To Biotechnology, Jennifer L. Schuster

Indiana Law Journal

No abstract provided.


Patents Of Damocles, Christopher R. Leslie Jan 2008

Patents Of Damocles, Christopher R. Leslie

Indiana Law Journal

No abstract provided.


The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher Oct 1967

The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher

Indiana Law Journal

No abstract provided.


Security Inventions: Compensation Under Patent And Atomic Energy Acts Oct 1955

Security Inventions: Compensation Under Patent And Atomic Energy Acts

Indiana Law Journal

No abstract provided.


Consent Decrees And Res Judicata Apr 1947

Consent Decrees And Res Judicata

Indiana Law Journal

Notes and Comments: Patents


Design Piracy, Maurice A. Weikart Apr 1944

Design Piracy, Maurice A. Weikart

Indiana Law Journal

No abstract provided.


Patents-Reissues-Intervening Rights Jun 1940

Patents-Reissues-Intervening Rights

Indiana Law Journal

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