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Full-Text Articles in Law

Pleasure Patents, Andrew Gilden, Sarah R. Wasserman Rajec Feb 2022

Pleasure Patents, Andrew Gilden, Sarah R. Wasserman Rajec

Faculty Publications

The United States Patent and Trademark Office has granted thousands of patents for inventions whose purpose is to facilitate the sexual pleasure of their users. These "pleasure patents" raise a range of novel questions about both patent theory and the relationship between law and sexuality more broadly. Given that "immoral" inventions were long excluded from the patent system, and that sexual devices were widely criminalized for much of the past 150 years, how have patentees successfully framed the contributions of their sexual inventions? If a patentable invention must be both new and useful, how have patentees described the utility of …


Small Can Be Inventive: The Patentability Of Nanoscale Reproductions Of Macroscale Machines, Christopher Anderson Nov 2017

Small Can Be Inventive: The Patentability Of Nanoscale Reproductions Of Macroscale Machines, Christopher Anderson

William & Mary Business Law Review

Nanotechnology is a thriving new field of research. If even a fraction of the excitement surrounding the field proves to be true, there will be profound benefits in many aspects of our lives. Crucial to its development, however, will be the treatment of nanotechnology with respect to patents. This field has the unique potential to replicate existing machines and devices at a billionth of their size. In light of rulings that “mere scaling” of prior inventions does not create a patentable invention, problems with patentability might arise. This Note tackles this issue, considering the patentability requirements of novelty and non-obviousness, …


Rules And Standards On The Forefront Of Patentability, John F. Duffy Nov 2009

Rules And Standards On The Forefront Of Patentability, John F. Duffy

William & Mary Law Review

No abstract provided.


A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley Dec 2008

A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley

William & Mary Law Review

No abstract provided.