Law Commons^™

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Michael W. Carroll

Patent Claim Construction: A Modern Synthesis And Structured Framework, Peter S. Menell, Matthew D. Powers, Steven C. Carlson

Peter Menell

No abstract provided.

The Emergence Of Classical American Patent Law, Herbert Hovenkamp

Herbert Hovenkamp

The Emergence of Classical Patent Law

Abstract

One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce …

Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss

Andrew P. Morriss

Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …

Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss

Andrew P. Morriss

Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer

Francina Cantatore

This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …

The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds

Robert P Merges

No abstract provided.

Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges

Robert P Merges

No abstract provided.

As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges

Robert P Merges

No abstract provided.

Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges

Robert P Merges

No abstract provided.

Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges

Robert P Merges

No abstract provided.

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Robert P Merges

No abstract provided.

Uncertainty And The Standard Of Patentability, Robert P. Merges

Robert P Merges

No abstract provided.

Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke

Robert P Merges

No abstract provided.

The Law And Economics Of Employee Inventions, Robert P. Merges

Robert P Merges

No abstract provided.

Estoppel Doctrine For Patented Standards, An, Robert P. Merges, Jeffery M. Kuhn

Robert P Merges

No abstract provided.

On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson

Robert P Merges

No abstract provided.

Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Robert P Merges

No abstract provided.

Brief Note On Blocking Patents And Reverse Equivalents: Biotechnology As An Example, A, Robert P. Merges

Robert P Merges

No abstract provided.

The Classical Constitution, Herbert Hovenkamp

Herbert Hovenkamp

Conservative and libertarian constitutional writers have often pined for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, it would …

Antitrust And Information Technologies, Herbert Hovenkamp

Herbert Hovenkamp

Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. Changes in the technologies of information also affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm. For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. In purely digital markets intellectual property rights are crucial …

Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp

Herbert Hovenkamp

Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and the patent system have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation, …

The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman

Robin C Feldman

Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley

Robin C Feldman

Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products, Daniel Harris Brean

Daniel Harris Brean