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Articles 1 - 2 of 2
Full-Text Articles in Law
Defending Breakthrough Innovation: The History And Future Of The State Of Patent Law, Max Oppenheimer
Defending Breakthrough Innovation: The History And Future Of The State Of Patent Law, Max Oppenheimer
All Faculty Scholarship
Congress, while enacting at least six major revisions to patent law since 1793, has left the definition of patentable subject matter essentially unchanged. The Supreme Court, on the other hand, has been uncomfortable with the concept for more than a century. Despite this long-standing discomfort, it has struggled to advance a theoretical basis for its concern. In a series of recent cases, it has finally developed a theory as to why certain types of inventions, although embraced by the statutory definition, are nonetheless unpatentable. The theory, in effect, abandons the federal government’s role in protecting those inventions. This article explores …
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 …