Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent (3)
- Patent Act (3)
- Copyright (2)
- Federal law (2)
- Patents (2)
-
- TRIPS (2)
- WTO (2)
- World Trade Organization (2)
- AT&T Corp. v. Microsoft Corp (1)
- Abend v. MCA (1)
- Accretion (1)
- Air Force (1)
- BCGI (1)
- BPAI (1)
- Bandag Inc. v. Gerrard Tire Co (1)
- Bayer AG v. Housey Pharmaceuticals Inc (1)
- Biotechnological (1)
- Blackmun (1)
- Blogger Beware: Ethical Considerations for Legal Blogs (1)
- Blogosphere (1)
- Board of Patent Appeals and Interferences (1)
- Boston Communications Group Inc (1)
- Bowers v. Hardwick (1)
- Brown v. Duchesne (1)
- CAFC (1)
- Chicago Pneumatic Tool Co. v. Hughes Tool Co. (1)
- Colleges (1)
- Confusion (1)
- Continental Paper Bag Co. v. Eastern Paper Bag Co (1)
- Copyright Act (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
The Safe Harbor Of 35 U.S.C. § 271(E)(1): The End Of Enforceable Biotechnology Patents In Drug Discovery?, Paul T. Nyffeler
The Safe Harbor Of 35 U.S.C. § 271(E)(1): The End Of Enforceable Biotechnology Patents In Drug Discovery?, Paul T. Nyffeler
University of Richmond Law Review
No abstract provided.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.
Almost Quiet On The Copyright Front: Ebay’S False Alarm, Jetti Gibson
Almost Quiet On The Copyright Front: Ebay’S False Alarm, Jetti Gibson
Richmond Journal of Law & Technology
In the current digital millennium, intellectual property law is constantly besieged by new technologies, threatening various patent, trademark, and copyright protections. Though intellectual property law shields individual rights on the one hand, on the other hand the overarching purpose of this protection was not to espouse a regime of private ownership, but to imbue the Founders’ intent within a legal framework by “promot[ing] the Progress of Science and the useful Arts,” through “secur[ing] for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The grant of a copyright was merely a means to serve …
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.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2007–2008 academic school year. To start off the new academic year, our authors present new ideas on the age old topic of Patent Law.
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
Richmond Journal of Law & Technology
As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.
When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag
When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag
Richmond Journal of Law & Technology
Patents have traditionally been territorial creatures. The territorial nature of U.S. patents is reflected by the main infringement statute, § 271 of Title 35. For example, § 271(a) says that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.”
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
Richmond Journal of Law & Technology
Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to …
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Richmond Journal of Global Law & Business
No abstract provided.
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.