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Articles 1 - 15 of 15

Full-Text Articles in Law

Analysis Of Recent Proposals To Reconfigure Hatch-Waxman, Laura J. Robinson Oct 2016

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 Oct 2016

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 Oct 2016

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 Oct 2016

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 Jun 2016

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 Jun 2016

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 Apr 2016

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 Apr 2016

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 Apr 2016

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 Apr 2016

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 Apr 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Feb 2016

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.