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Articles 1 - 5 of 5
Full-Text Articles in Law
Semiotics 101: Taking The Printed Matter Doctrine Seriously, Kevin Emerson Collins
Semiotics 101: Taking The Printed Matter Doctrine Seriously, Kevin Emerson Collins
Indiana Law Journal
The printed matter doctrine is a branch of the section 101 doctrine of patent eligibility that, among other things, prevents the patenting of technical texts and diagrams. The contemporary formulation of the doctrine is highly problematic. It borders on incoherency in many of its applications, and it lacks any recognized grounding in the Patent Act. Yet, despite its shortcomings, courts have not abandoned the printed matter doctrine, likely because the core applications of the doctrine place limits on the reach of the patent regime that are widely viewed as both intuitively "'correct" and normatively desirable. Instead of abandoning the doctrine, …
Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus
Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus
Michigan Law Review First Impressions
The high profile cases Bilski v. Kappos and Association for Molecular Pathology v. United States Patent and Trademark Office have renewed public debate about the proper scope of patentable subject matter. The subject matter inquiry has traditionally been treated as a threshold inquiry in patent law, serving a gate-keeping function by defining the types of inventions that are eligible for patent protection. The Patent Office and courts have approached the subject matter inquiry both by determining whether an invention falls into a statutory category-processes, machines, manufactures, or compositions of matter-as well as by determining whether an invention falls into a …
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Janice M Mueller
The United States offers legal protection for designs—the overall aesthetic appearances of objects—through the patent system. To obtain a U.S. design patent has long required something more than novelty. Just as the patentability of a utilitarian device mandates a “nonobvious” advance over earlier technology, the patentability of a new and ornamental design requires that it differ from prior designs to an extent that would not have been “obvious to a designer of ordinary skill who designs articles of the type involved.” Ostensibly promoting progress in design, Congress in 1842 shoehorned design protection into the existing utility patent system. From that …
Ending Genetic Monopolies: How The Trips Agreement's Failure To Exclude Gene Patents Thwarts Innovation And Hurts Consumers Worldwide, Cydney A. Fowler
Ending Genetic Monopolies: How The Trips Agreement's Failure To Exclude Gene Patents Thwarts Innovation And Hurts Consumers Worldwide, Cydney A. Fowler
American University International Law Review
No abstract provided.
Fixing Our Broken Patent System, Jay Dratler
Fixing Our Broken Patent System, Jay Dratler
Marquette Intellectual Property Law Review
This short Article digests what the Author see as the most important substantive criticism and proposes specific solutions in the form of the "guts" of a new patent statute. Its statutory proposal tracks the current statute's organization and has numerous annotations explaining what is the same, what is changed and why, and what never-before-codified principles of judge-made law are explicitly codified. Among the proposed statute's fundamental changes are: (1) explicit restrictions on patentable subject matter to avoid patents on bare abstractions; (2) adoption of a first-to-file system requiring worldwide novelty; (3) abolition of the doctrine of constructive reduction to practice …