Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

All Faculty Scholarship

Intellectual property

Legislation

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl Jan 2021

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

All Faculty Scholarship

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv) micro-entity fees; and …


The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman Jan 2018

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman

All Faculty Scholarship

This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal’s 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens’ ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent …


Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman Jan 2014

Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman

All Faculty Scholarship

Private ordering plays a significant role in the application of intellectual property laws, especially in the context of copyright law. In this Article, I highlight some of the dominant modes of private ordering and consider what formal copyright law should do, if anything, to engage with private ordering in the copyright space. I conclude that there is not one single approach that copyright law should take with regard to private ordering, but instead several different approaches. In some instances, the best option is for the law to get out of the way and simply continue to provide room for various …


Reconsidering The Dmca, R. Polk Wagner Jan 2005

Reconsidering The Dmca, R. Polk Wagner

All Faculty Scholarship

patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office