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Articles 1 - 30 of 39
Full-Text Articles in Law
Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein
Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein
Georgia Law Review
Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …
Patent Performativity, Dan L. Burk
Patent Performativity, Dan L. Burk
Journal of Intellectual Property Law
Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Journal of Intellectual Property Law
No abstract provided.
Which Supreme Court Cases Influenced Recent Supreme Court Ip Decisions? A Citation Study, Joseph S. Miller
Which Supreme Court Cases Influenced Recent Supreme Court Ip Decisions? A Citation Study, Joseph S. Miller
Scholarly Works
The U.S. Supreme Court has decided an increasing number of intellectual property cases — especially patent cases — over the last several terms. Which prior cases influence the stated reasoning in these recent Supreme Court IP cases? A handful of citation studies of supreme courts in the U.S., both state and federal, conducted over the last 40 years suggest that the Court would most often cite its own prior cases; that it would cite its more recent cases more often than its older cases; and that a small number of its prior cases would receive a large share of the …
Analysis Of Recent Proposals To Reconfigure Hatch-Waxman, Laura J. Robinson
Analysis Of Recent Proposals To Reconfigure Hatch-Waxman, Laura J. Robinson
Journal of Intellectual Property Law
No abstract provided.
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
Journal of Intellectual Property Law
No abstract provided.
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
Journal of Intellectual Property Law
This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Journal of Intellectual Property Law
This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.
To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …
Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker
Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker
Journal of Intellectual Property Law
No abstract provided.
First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan
First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan
Journal of Intellectual Property Law
No abstract provided.
Losing The Forest Among The Trees In The Festo Saga-Rationalizing The Doctrine Of Equivalents And Prosecution History Estoppel In View Of The Historical Justifications For Patent Protection, Ryan Thomas Grace
Journal of Intellectual Property Law
No abstract provided.
Patent Quality And The Dedication Rule, Scott R. Boalick
Patent Quality And The Dedication Rule, Scott R. Boalick
Journal of Intellectual Property Law
No abstract provided.
Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl
Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl
Journal of Intellectual Property Law
No abstract provided.
Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis
Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis
Journal of Intellectual Property Law
No abstract provided.
Patenting Marijuana Strains: Baking Up Patent Protection For Growers In The Legal Fog Of This Budding Industry, Joseph Dylan Summer
Patenting Marijuana Strains: Baking Up Patent Protection For Growers In The Legal Fog Of This Budding Industry, Joseph Dylan Summer
Journal of Intellectual Property Law
No abstract provided.
Expanding The Reissue Procedure: A Better Way To Do Business, Allan G. Altera
Expanding The Reissue Procedure: A Better Way To Do Business, Allan G. Altera
Journal of Intellectual Property Law
No abstract provided.
Resolving Priority Disputes In Intellectual Property Collateral, Paul Heald
Resolving Priority Disputes In Intellectual Property Collateral, Paul Heald
Journal of Intellectual Property Law
No abstract provided.
To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid
To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid
Journal of Intellectual Property Law
No abstract provided.
A Pharmaceutical Park Place: Why The Supreme Court Should Modify The Scope Of The Patent Test For Reverse Payment Deals, David Ernest Balajthy
A Pharmaceutical Park Place: Why The Supreme Court Should Modify The Scope Of The Patent Test For Reverse Payment Deals, David Ernest Balajthy
Journal of Intellectual Property Law
No abstract provided.
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
Journal of Intellectual Property Law
No abstract provided.
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Journal of Intellectual Property Law
No abstract provided.
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
Journal of Intellectual Property Law
No abstract provided.
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Journal of Intellectual Property Law
No abstract provided.
Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi
Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi
Journal of Intellectual Property Law
No abstract provided.
Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers
Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers
Journal of Intellectual Property Law
No abstract provided.
Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak
Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak
Journal of Intellectual Property Law
The implementation of post-grant trial proceedings in the U.S. Patent and Trademark Office is one of the most significant aspects of the Leahy-Smith America Invents Act. Practitioners have a great deal of new subject matter to master, including the governing statutes and rules, and instructive Patent Trial and Appeal Board decisions. All of this new law is superimposed, however, on an existing legal landscape relating to the practitioner’s duty of candor and potential consequences for candor violations. Furthermore, the new law creates additional candor and disclosure obligations specifically applicable in post-grant contested proceedings.
This paper discusses the “old” and “new” …
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Georgia Journal of International & Comparative Law
No abstract provided.
Licensing Of Intellectual Property Rights, Mark Joelson
Licensing Of Intellectual Property Rights, Mark Joelson
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
Georgia Journal of International & Comparative Law
No abstract provided.