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Full-Text Articles in Law
Operating Efficiently Post-Bilski By Ordering Patent Doctrine Decision-Making, Dennis Crouch, Robert P. Merges
Operating Efficiently Post-Bilski By Ordering Patent Doctrine Decision-Making, Dennis Crouch, Robert P. Merges
Robert P Merges
The article focuses on a U.S. Supreme Court case Bilski versus Kappos and explains its holding and approach on the patent claims. The authors discuss the provisions in the patent law and argue that its sequence of patentability requirements are misleading. They state that the Patent Office can reject claims suggesting that claims should at least suffer from defects that transcend specific requirements.
The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin
The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin
Andrew Chin
The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …
Forty Years Of Wondering In The Wilderness And No Closer To The Promised Land: Bilski's Superficial Textualism And The Missed Opportunity To Return Patent Law To Its Technology Mooring, Peter S. Menell
Peter Menell
No abstract provided.
Method For Reforming The Patent System, A, Peter S. Menell
Method For Reforming The Patent System, A, Peter S. Menell
Peter Menell
No abstract provided.
One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood
One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood
Jonathan R. K. Stroud
Tasked in 2011 with creating three powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeals Board—set to creating a fast-paced trial with minimal discovery and maximum efficiency. In the first two years of existence, the proceedings have proved potent, holding unpatentable many of the claims that reach decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. Parties on …
Keeping Time Machines And Teleporters In The Public Domain: Fiction As Prior Art For Patent Examination, Daniel Harris Brean
Keeping Time Machines And Teleporters In The Public Domain: Fiction As Prior Art For Patent Examination, Daniel Harris Brean
Daniel Harris Brean