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Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Articles in Law Reviews & Other Academic Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Nonexcludable Surgical Method Patents, Jonas Anderson
Nonexcludable Surgical Method Patents, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?
The traditional answer …
Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross
Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.