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Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras
Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras
Utah Law Faculty Scholarship
No abstract provided.
Essentiality And Standards-Essential Patents, Jorge L. Contreras
Essentiality And Standards-Essential Patents, Jorge L. Contreras
Utah Law Faculty Scholarship
As creatures of policy language, different SDO definitions of essentiality must be given interpretive deference. Nevertheless, as scholarship and case law in this area expands, a number of common themes emerge in the interpretation of essentiality requirements. One such theme is the economic equation of essentiality with non-substitutability that has arisen in the context of patent pools. Another is the blurred divide between commercial and technical essentiality. A third is the practical necessity of assessing essentiality when hundreds of potentially essential patent claims are at issue. These issues, coupled with the recognized phenomenon of over-declaration, suggests that more efficient, rapid …
National Disparities And Standards-Essential Patents: Considerations For India, Jorge L. Contreras
National Disparities And Standards-Essential Patents: Considerations For India, Jorge L. Contreras
Utah Law Faculty Scholarship
Patents on standardized technologies are being issued with increasing frequency, and the majority of these patents are held by large multinational firms based in developed economies. As a result, firms from less-developed economies with sparse patent holdings are disadvantaged in both domestic and foreign markets. While protectionist governmental policies can address these disparities, such measures are potentially contrary to international treaty obligations and generally unsuccessful in the long term. An alternative approach involves greater participation in international SSOs by firms from less-developed economies. This increased participation is likely to benefit such firms both in terms of technology development, strengthening of …