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Patent ‘Reform’: What We Need First Is A Role Reversal, Kristen Osenga
Patent ‘Reform’: What We Need First Is A Role Reversal, Kristen Osenga
Law Faculty Publications
I have often argued that we do not need so-called patent “reform.” But I’ve had a change of heart. We absolutely need patent reform, but not the kind proposed in the Innovation Act, H.R. 9, and the PATENT Act, S. 1137. To get the real kind of reform that will encourage a strong and vibrant innovation economy, we first need a role reversal. Let me explain.
Modernizing Patent Law's Inequitable Conduct Doctrine, Christopher A. Cotropia
Modernizing Patent Law's Inequitable Conduct Doctrine, Christopher A. Cotropia
Law Faculty Publications
This Article's main finding is that the inequitable conduct doctrine has the ability to improve patent quality as long as the inherent tendency to overcomply with the doctrine by overloading the USPTO with information is kept in check. The Article reaches this conclusion by proceeding in five parts. Part II describes the current thinking on the inequitable conduct doctrine, with particular focus on the major critiques of the doctrine and proposed legislative and administrative responses. Part III of the Article begins the construction of a fundamental, conceptual framework for the doctrine by explaining how it impacts both patent quality and …
The Individual Inventor Motif In The Age Of The Patent Troll, Christopher A, Cotropia
The Individual Inventor Motif In The Age Of The Patent Troll, Christopher A, Cotropia
Law Faculty Publications
The individual inventor motif has been part of American patent law since its inception. The question is whether the recent patent troll hunt has damaged the individual inventor's image and, in turn, caused Congress, the United States Patent and Trademark Office (USPTO), and the courts to become less concerned with patent law's impact on the small inventor. This Article explores whether there has been a change in attitude by looking at various sources from legislative, administrative, and judicial actors in the patent system, such as congressional statements and testimony in discussions of the recent proposed patent reform legislation, the USPTO …