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Full-Text Articles in Law
What's Not Natural Phenomena? Let's Consider A Three-Step Innovative Concept Test For Composition Of Matter Claims, Sydney Hancock
What's Not Natural Phenomena? Let's Consider A Three-Step Innovative Concept Test For Composition Of Matter Claims, Sydney Hancock
IP Theory
Biotechnology innovation is rapidly growing, especially in the realm of biotech. This growth leads to questions about patent subject matter eligibility of natural phenomena. For example, currently the human genome and microbiome are being extensively studied, bacteriophages are being edited, animals are being cloned, and CRISPR is widespread. Additionally, composition of matter patent claims give the most protection to patent holders. Therefore, knowing when a natural phenomenon veers into human innovation is important for courts, lawyers, and innovators in the era of biotechnology and genetic engineering.
Part I discusses the history of Supreme Court cases on natural phenomena subject matter …
A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis
A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis
IP Theory
The Supreme Court has asserted that “[t]he Patent Clause in our Constitution ‘was written against the backdrop’ of the English system.” That notion has a long lineage. In 1818, the author of an anonymous “Note on the Patent Laws,” widely assumed to be Justice Story, claimed that “[t]he patent acts of the United States are, in a great degree, founded on the principles and usages which have grown out of the English statute on the same subject.”
But these generalizations significantly overstate—and oversimplify—the influence of British law on the nascent American jurisprudence of patents. Early American jurists felt no reluctance …
A Case Study Of The Complicated History Of Rice University’S First Patents, Hannah G. Edlund
A Case Study Of The Complicated History Of Rice University’S First Patents, Hannah G. Edlund
Journal of the Patent and Trademark Resource Center Association
Digitization and online public databases have made patent searches a much simpler pursuit in recent years. However, uncovering a pre-digital era patent’s history and context remains challenging. A search for the first patents assigned to Rice University highlighted associated issues. Older patent formats often do not clearly indicate inventor-assignee relationships, and applications and official communications are not available online. To determine how Rice came to own three 1948 patents, extensive archival research was required. Were these patents assigned to the University by inventors, independent of its support or funding, or was their work performed at and for Rice, thus obliging …
“That Means Nothing To Me As A Normal Person Who Doesn't Know About Patents”: Usability Testing Of Google Patents And Patent Public Search With Undergraduate Engineering Students, Graham Sherriff, Molly Rogers
“That Means Nothing To Me As A Normal Person Who Doesn't Know About Patents”: Usability Testing Of Google Patents And Patent Public Search With Undergraduate Engineering Students, Graham Sherriff, Molly Rogers
Journal of the Patent and Trademark Resource Center Association
Patent searching is an important research tool for undergraduate engineering students, yet it requires special topic knowledge to conduct successfully. Patent database websites have the ability to alleviate or add to the complexity of patent searching, depending on their usability. Prompted by the launch of the US Patent and Trademark Office’s Patent Public Search (PPS) website in early 2022, the authors investigated the usability of PPS and Google Patents. The study's objective was to gain insights into the ways in which the websites of commonly-used patent databases support undergraduate students’ patent searching activities. The study examined students’ performance of typical …
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Psychedelic Drugs & The Prior Art Problem, Anneli E. Kawaoka
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, …
Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas
Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas
Marquette Intellectual Property & Innovation Law Review
None.
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Marquette Intellectual Property & Innovation Law Review
None.
Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig
Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig
Cybaris®
No abstract provided.
Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor
Cybaris®
No abstract provided.
Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn
Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn
Cybaris®
No abstract provided.
When Inventors Go Bankrupt, Joseph Dietz