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Full-Text Articles in Law
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Marquette Intellectual Property Law Review
This Comment examines whether the conformity achieved by international technology treaties is at the expense of utility. Specifically, the author posits that international agreements do not serve the needs of rich and poor nations alike. Instead, the author advocates for increased autonomy by claiming better solutions will be produced when nations enter bi-lateral agreements. In reaching this conclusion, the Comment analyzes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the problems created for developing nations through global technology protections. The author uses the United States' patent, copyright, and trademark protections as an illustrative example of how successful …
Death Of A Myth: The Patenting Of Internet Business Models After State Street Bank, William D. Wiese
Death Of A Myth: The Patenting Of Internet Business Models After State Street Bank, William D. Wiese
Marquette Intellectual Property Law Review
The case of State Street Bank & Trust Co. v. Signature Financial Group, Inc., which extended patent protection to a computerized financial method, was regarded by many as a revolutionary expansion of patentable subject matter. The author, however, argues that this notion is overstated. The author explains that the State Street Bank decision will be of little consequence because the business exception was a myth in the first place. The author reasons that courts often cited other bars to patentability when denying business methods protection. Furthermore, the author argues that the recent relaxation of the patentability requirements of computer related …
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Marquette Intellectual Property Law Review
Professors Field, Nard, and Duffy submitted an amicus brief to the Supreme Court in the case of Dickinson v. Zurko. In Dickinson, the Federal Circuit concluded that the Patent and Trademark Office's factual findings must be reviewed under a clearly erroneous standard and not the substantial evidence standard set out in the Administrative Procedure Act. However, the amicus brief asserted that the PTO is subject to the standards of judicial review set forth in the APA.
A Higher Nonobviousness Standard For Gene Patents: Protecting Biomedical Research From The Big Chill, Sara Dastgheib-Vinarov
A Higher Nonobviousness Standard For Gene Patents: Protecting Biomedical Research From The Big Chill, Sara Dastgheib-Vinarov
Marquette Intellectual Property Law Review
In In re Deuel, the United States Court of Appeals for the Federal Circuit ruled in favor of a patent applicant and found that DNA molecules encoding a protein were nonobvious under section 103 of the Patent Act. Since then, companies specializing in genomic research have filed numerous DNA sequence applications, instigating a troubling trend of patent filings within the biotechnology field. Currently these companies are stockpiling partial DNA sequence patents which have no known function. This Comment presents scientific, political, religious, and ethical justifications for heightening the nonobviousness standard for gene-related patents under section 103 of the Patent Act. …
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
Marquette Intellectual Property Law Review
Conflicts between patent and trademark law arise when the owner of a patent seeks to protect the physical configuration disclosed in a patent. Patent law requires that information in a patent be dedicated to the public upon expiration of the patent; however, trademark law can be used upon expiration of the patent to continue to exclude certain aspects of the art disclosed in the patent. This note explores existing jurisprudence on the conflict between patent and trademark law and proposes a remedy to this conflict.