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Full-Text Articles in Law
A Method For Reforming The Patent System, Peter Menell
A Method For Reforming The Patent System, Peter Menell
Peter Menell
The principal recent studies of patent reform (NAS (2004), FTC (2003), Jaffe and Lerner (2004)) contend that a uniform system of patent protection must (or should) be available for "anything under the sun made by man" based upon one or more of the following premises: (1) the Patent Act requires this breadth and uniformity of treatment; (2) "discriminating" against any particular field of "technology" would be undesirable; (3) discrimination among technologies would present insurmountable boundary problems and could easily be circumvented through clever patent drafting; and (4) interest group politics stand in the way of excluding any subject matter classes …
The Property Rights Movement's Embrace Of Intellectual Property: True Love Or Doomed Relationship, Peter S. Menell
The Property Rights Movement's Embrace Of Intellectual Property: True Love Or Doomed Relationship, Peter S. Menell
Peter Menell
No abstract provided.
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Intellectual Property And The Law Of Land, Peter S. Menell
Intellectual Property And The Law Of Land, Peter S. Menell
Peter Menell
The author expresses opinion on an essay by professor Richard Epstein on intellectual property and property rights movement. He says the professor acknowledges that governance of intellectual property involves a complex public policy balance that varies from real property governance. He stresses Epstein should agree that the uniform structure of patent law across all innovation may be a significant issue. He notes the demand for more adjustments to the patent system to distinguish among the various fields of inventive activity covered by patent law.
Intellectual Property And The Property Rights Movement, Peter S. Menell
Intellectual Property And The Property Rights Movement, Peter S. Menell
Peter Menell
The article discusses why the effort to equate protecting intellectual property (IP) and tangible property differ in significant ways. The author criticizes the property rights movement for trying to equate IP protection with real property. He discusses the differences between philosophical, legal, economic and political bases for protecting both types of property. He also tackles the various characteristics of intellectual resources.