Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz
David L. Schwartz
No abstract provided.
Everything Is Patentable, Michael Risch
Everything Is Patentable, Michael Risch
Michael Risch
The currently confused and inconsistent jurisprudence of patentable subject matter can be clarified by implementing a single rule - that which is otherwise patentable under the Patent Act is patentable subject matter. In other words, if a discovery otherwise meets the requirements of patentability - namely category, utility, novelty, non-obviousness, and specification - then the discovery will be properly patentable without need to consider traditional non-statutory subject matter issues such as mathematical algorithms, products of nature, or natural phenomena. The primary virtue of the proposed rule is that it provides a more rigorous and consistent doctrinal framework for determining patentability. …