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Full-Text Articles in Law
Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf
Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf
Journal of Intellectual Property Law
No abstract provided.
Forcing Patent Claims, Tun-Jen Chiang
Forcing Patent Claims, Tun-Jen Chiang
Michigan Law Review
An enormous literature has criticized patent claims for being ambiguous. In this Article, I explain that this literature misunderstands the real problem: the fundamental concern is not that patent claims are ambiguous but that they are drafted by patentees with self-serving incentives to write claims in an overbroad manner. No one has asked why the patent system gives self-interested patentees the leading role in delineating the scope of their own patents. This Article makes two contributions to the literature. First, it explicitly frames the problem with patent claims as one of patentee self-interest rather than the intrinsic ambiguity of claim …