Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (2)
- Application process (1)
- Authors (1)
- Claim Interpretation (1)
- Claim Scope Paradigm (1)
-
- Computer (1)
- Deposit (1)
- Formalities (1)
- Google (1)
- INTANGIBLENESS (1)
- INVENTION (1)
- Information Cost (1)
- Intellectual property (1)
- Internet (1)
- Methodologies (1)
- Notice (1)
- Object code (1)
- Open source (1)
- PATENT LAW'S (1)
- Patent (1)
- Patent and Trademark Office (1)
- Phillips v. AWH (1)
- Publication (1)
- Registration (1)
- Renewal (1)
- Software (1)
- Source code (1)
- Technology (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Once And Future Copyright, James Gibson
Once And Future Copyright, James Gibson
Law Faculty Publications
Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …
Google's (Fair) Use Of Copyrighted Work, James Gibson
Google's (Fair) Use Of Copyrighted Work, James Gibson
Law Faculty Publications
Letters to the Editor on Google's (Fair) Use of Copyrighted Work
Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga
Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga
Law Faculty Publications
This Article proposes implementing a multitier patent system by the creation of two additional "roads" or routes that a patent application may follow. Because many patents are not sought with the intention of pursuing the traditional patent reward of commercialization or profit through access control, that is, the exercise of the limited patent monopoly, there is no reason for every single application to follow the current route. The creation of an auxiliary, or "side road," would decrease crowding on the current patent grant highway while still allowing the nontraditional applications to enter and traverse the patent grant system with different …
Patent Claim Interpretation And Information Costs, Christopher A. Cotropia
Patent Claim Interpretation And Information Costs, Christopher A. Cotropia
Law Faculty Publications
The concept of invention is crucial to patent law. Inventions of patentable quality are what the patent system is trying to encourage. In order to provide this incentive to produce such inventions, the patent system must provide protection for the invention. The problem the patent system runs into is that inventions are dijjicult to define-the dijjiculty stemming in part from the intangible nature of inventions. As a result, patent law encounters an information cost problem. Everyone in the patent system needs information about the invention, but the invention's intangibleness makes this information costly to produce, collect, and comprehend. Patent law …
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Law Faculty Publications
The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …