Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2017

Intellectual property

Medical Jurisprudence

Articles 1 - 2 of 2

Full-Text Articles in Law

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert Sep 2017

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Patent Law's Reproducibility Paradox, Jacob S. Sherkow Jan 2017

Patent Law's Reproducibility Paradox, Jacob S. Sherkow

Articles & Chapters

Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law’s doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties …