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Full-Text Articles in Law
Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf
Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf
Journal of Intellectual Property Law
No abstract provided.
Forcing Patent Claims, Tun-Jen Chiang
Forcing Patent Claims, Tun-Jen Chiang
Michigan Law Review
An enormous literature has criticized patent claims for being ambiguous. In this Article, I explain that this literature misunderstands the real problem: the fundamental concern is not that patent claims are ambiguous but that they are drafted by patentees with self-serving incentives to write claims in an overbroad manner. No one has asked why the patent system gives self-interested patentees the leading role in delineating the scope of their own patents. This Article makes two contributions to the literature. First, it explicitly frames the problem with patent claims as one of patentee self-interest rather than the intrinsic ambiguity of claim …
Patent Law Challenges For The Internet Of Things, W. Keith Robinson
Patent Law Challenges For The Internet Of Things, W. Keith Robinson
Faculty Journal Articles and Book Chapters
In the near future, emerging technologies will allow billions of everyday devices to be connected via the Internet. This increasingly popular phenomenon is referred to as the Internet of Things (“IoT”). The IoT is broadly defined as technology that allows everyday devices to (1) become “smart” and (2) communicate with other smart devices. Estimates indicate that the market for smart devices, such as wearables, will grow to $70 billion dollars in the next ten years. Like many other emerging technologies, the entrepreneurs and companies developing these applications will seek patent protection for their inventions. In turn, the current U.S. patent …