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Full-Text Articles in Law
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
Amy L. Landers
Globalization has prompted the evolution of our definition of sovereignty. In the patent context, this has arisen amidst a recent focus on the extraterritorial reach of patent remedies. Some of the theoretical challenges are examined in a recent series of decisions of the U.S. Court of Appeals for the Federal Circuit. These decisions evidence the tensions that arise in when transnational conduct is evaluated within the Westphalian framework developed in the 1600’s. In essence, resolving them requires grappling with the problems that arise “where the reality of human interaction, with its plural sources of norms, seems to be chafing against …
The Interconnections Between Entrepreneurship, Science, And The Patent System, Amy L. Landers
The Interconnections Between Entrepreneurship, Science, And The Patent System, Amy L. Landers
Amy L. Landers
The recognition that innovation drives the creation of new knowledge is both significant and an underappreciated aspect of patent theory. A full assessment of the impact of the most recent recent patentability standards cannot be performed without examining the relationships between science, the patent system, and innovation within a more realistic context. To do so, the system must loosen its hold on the linear model of innovation.
More broadly, these insights allow us to think about the patent system in ways that do not echo the traditional narrative that places science and innovation at the opposite ends of a continuum. …