Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (2)
- Patent (2)
- Patents (2)
- Accretion (1)
- Air Force (1)
-
- Colleges (1)
- Confusion (1)
- Doctrinal (1)
- Fair use (1)
- Federal Trade Commission (1)
- Federal law (1)
- Feedback (1)
- Freedom of Information Act (1)
- Government contracts (1)
- Inc. (1)
- Intellectual property (1)
- KSR International Co. v. Teleflex (1)
- Licenses (1)
- Licensing (1)
- Market (1)
- National Research Council (1)
- Nonobviousness (1)
- Patent and Trademark Office (1)
- Persuasion knowledge (1)
- Risk (1)
- Risk aversion (1)
- Software (1)
- Sponsorship (1)
- Subject matter (1)
- Trade secrets (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Accidental Rights, James Gibson
Accidental Rights, James Gibson
Law Faculty Publications
Written for the Yale Law Journal's online Pocket Part, this is a much shorter and (I hope) more accessible iteration of my earlier paper, Risk Aversion and Rights Accretion in Intellectual Property Law, 116 Yale L.J. 882 (2007). It summarizes that paper's central point - i.e., that intellectual property entitlements are growing not just because of expansive court decisions and legislative enactments, but also because of seemingly sensible, risk-averse licensing decisions that inadvertently feed back into legal doctrine - and then explores how this phenomenon might apply to (and be manipulated by) enterprises such as Google Book Search.
Ants, Elephant Guns, And Statutory Subject Matter, Kristen Jakobsen Osenga
Ants, Elephant Guns, And Statutory Subject Matter, Kristen Jakobsen Osenga
Law Faculty Publications
Questions about whether software qualifies for patent protection are becoming increasingly more prevalent, despite the fact the issue seemed settled. The Supreme Court has indicated its interest in the topic and the U.S. Patent and Trademark Office-which had previously been liberally issuing patents in the computer-related arts-now appears to be leading the groundswell against the subject-matter eligibility of these inventions, rejecting an increasing number of applications in this area for lack of statutory subject matter. Despite the broad definitions of patentable subject matter provided by the Constitution, Patent Act, and Supreme Court, the Patent Office has grafted various additional requirements …
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Jakobsen Osenga
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Jakobsen Osenga
Law Faculty Publications
In this Article, I argue that patents, if obtained and exploited strategically, can have a beneficial effect on university research. I will describe the barriers to university participation in the patent arena-that is, lack of money, lack of knowledge, lack of infrastructure, and cultural concerns-and explain, with reference to business, how and why universities need to overcome these barriers. By breaking down these barriers and ably exploiting their intellectual property, I argue that the obstacles to university research will be lessened, resulting in increased research and innovation. I further provide a primer to provide university administrators, technology transfer offices, and …
The Freedom Of Information Act And Trade Secrets, Roger V. Skalbeck
The Freedom Of Information Act And Trade Secrets, Roger V. Skalbeck
Law Faculty Publications
This article details a case illustration where federal law intersects with trade secret questions, a subject normally governed by state laws.
Nonobviousness And The Federal Circuit: An Empirical Analysis Of Recent Case Law, Christopher A. Cotropia
Nonobviousness And The Federal Circuit: An Empirical Analysis Of Recent Case Law, Christopher A. Cotropia
Law Faculty Publications
This Article provides such an empirical study. The study examines all Federal Circuit cases over a four-year period considering the nonobviousness of a patent claim. Appeals from both patent infringement cases before district courts and pending patent applications and interferences before the United States Patent and Trademark Office (USPTO) are investigated. The study looks at the data in two levels of detail.