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Patent Law And The Emigration Of Innovation, Greg Day, Steven Udick
Patent Law And The Emigration Of Innovation, Greg Day, Steven Udick
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Legislators and industry leaders claim that patent strength in the United States has declined, causing firms to innovate in foreign countries. However, scholarship has largely dismissed the theory that foreign patents have any effect on where firms invent, considering that patent law is bound by strict territorial limitations (as a result, one cannot strengthen their patent protection by innovating abroad). In essence, then, industry leaders are deeply divided from scholarship about whether innovative firms seek out jurisdictions offering stronger patent rights, affecting the rate of innovation.
To resolve this puzzle, we offer a novel theory of patent rights — which …
Charting Supreme Court Patent Law, Near And Far, Joseph S. Miller
Charting Supreme Court Patent Law, Near And Far, Joseph S. Miller
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The Supreme Court has been markedly more active in patent law in recent years, as many have noted. How much has patent law changed as a result? The amount of change one sees is, in important respects, a function of the lens through which one looks. In this network analysis of the Supreme Court’s citations to its own case law in all its intellectual property cases from 1947 to 2017, inclusive, I am reminded of Alphonse Karr’s famous quip: “Plus ça change, plus c’est law mȇme chose” — the more it changes, the more it’s the same thing. I report …
Reasonable Certainty & Corpus Linguistics: Judging Definiteness After Nautilus & Teva, Joseph S. Miller
Reasonable Certainty & Corpus Linguistics: Judging Definiteness After Nautilus & Teva, Joseph S. Miller
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In Nautilus (2014), the Supreme Court held “that a patent is invalid for indefiniteness if its claims...fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.” We don’t require perfect clarity because, as Festo (2002) highlights, patentees can’t achieve it. We don’t launch a post hoc judicial salvage operation to rescue slipshod text because, as the functional-claiming cases from the 1930s and 1940s highlight, others can’t adequately plan around it. Reasonably certain notice, then, is just right: § 112 “require[s] that a patent’s claims, viewed in light of the specification and prosecution history, …
The Patent System In Pre-1989 Czechoslovakia, Marketa Trimble
The Patent System In Pre-1989 Czechoslovakia, Marketa Trimble
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The chapter analyzes patent law in Czechoslovakia in the period from 1945 until the end of communist rule in 1989. In addition to reviewing the legislative development of patent law – the laws on the books – the chapter explains the law in action, which includes the application of the law in practice and the attitudes of Czechoslovak society toward inventive activities and patenting. The chapter shows that post-1945 Czechoslovak patent law drew on a highly developed pre-1940 Czechoslovak patent law and practice that was based on the Austrian patent law inherited by Czechoslovakia in 1918 when it split from …
The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller
The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller
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No abstract provided.
Muddy Waters: Infringement Analysis After "Markman" And "Warner-Jenkinson", Clyde F. Willian, Joseph S. Miller
Muddy Waters: Infringement Analysis After "Markman" And "Warner-Jenkinson", Clyde F. Willian, Joseph S. Miller
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No abstract provided.