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Full-Text Articles in Law
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Amicus Briefs
Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.
A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch
A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch
Seattle University Law Review
The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this Note …
The Mystery Of Section 253(B), Matthew Gagnier
The Mystery Of Section 253(B), Matthew Gagnier
Marquette Intellectual Property Law Review
In 2014, Elon Musk, the renowned and socially-minded CEO of Tesla Motors, Inc., posted a blog on Tesla’s website that stated the company would be freeing up many of its patents involved in the creation of the company’s electric cars to any interested party. Yet again, Musk astounded the public by choosing the betterment of society over corporate profits—stirring up a more positive image than any other corporate personality. But there are numerous questions that Musk’s positive PR have drowned out: Where can you access the patents?; How did freeing up the patents get past the other executive officers and …
Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips
Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips
All Faculty Scholarship
For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of …
Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith
Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith
Faculty Journal Articles and Book Chapters
U.S. patent law has made assumptions about where new inventions will be created, who will create them, and how they will be infringed. Throughout history, emerging technologies have challenged these paradigms. This decade’s emerging technologies will allow humans to create in virtual worlds, connect billions of every day devices via the Internet, and use artificial intelligence to invent across technology fields. If countries like the U.S. wish to encourage inventors to seek patent protection in these emerging areas, then a paradigm shift in the law must occur. Specifically, the law must clarify patent eligibility, recognize the increasing role of artificial …