Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law
Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law
Materials from All Student Organizations
No abstract provided.
Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller
Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller
Scholarly Works
The Supreme Court's KSR decision transforms the way we think about patent law's ordinary artisan. The ordinary artisan, the Supreme Court states, is also a person of ordinary creativity, not an automaton. This transformation, which sweeps aside a contrary precept that had informed the Federal Circuit's nonobviousness jurisprudence for a generation, raises a key question: How do we fill out the rest of our conception, in a given case, of the ordinary artisan's level of skill at the time the invention was made? Reaching back to a large vein of case law typified by Judge Learned Hand's decisions about nonobviousness, …
Glannon Guide To Property: Learning Property Through Multiple-Choice Questions And Analysis, James C. Smith
Glannon Guide To Property: Learning Property Through Multiple-Choice Questions And Analysis, James C. Smith
Books
Reproduced with the permission of Aspen Publishers from Smith, James Charles. 2008. The Glannon Guide to Property: Learning Property through Multiple-choice Questions and Analysis. Austin: Wolters Kluwer Law & Business/Aspen Publishers.
Remixing Obviousness, Joseph S. Miller
Remixing Obviousness, Joseph S. Miller
Scholarly Works
In April 2007, the Supreme Court, for the first time in 41 years, decided a case about the basic contours of patent law's nonobviousness standard. The case, KSR, upends 25 years of Federal Circuit jurisprudence, and on a legal requirement that every patent must satisfy. In this essay, I show how KSR dismantles two predicates that have long shaped Federal Circuit nonobviousness cases - namely, the intertwined premises that hindsight-driven distortion is the gravest risk to an accurate nonobviousness requirement, and that the person of ordinary skill in the art (from whose perspective nonobviousness is judge) is singularly uncreative. In …