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Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
William & Mary Law Review
This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …
Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor
William & Mary Law Review
No abstract provided.