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Full-Text Articles in Law
Patents Fettering Reproductive Rights, Scott A. Allen
Patents Fettering Reproductive Rights, Scott A. Allen
Indiana Law Journal
No abstract provided.
Patent Law's Audience, Mark D. Janis, Timothy R. Holbrook
Patent Law's Audience, Mark D. Janis, Timothy R. Holbrook
Articles by Maurer Faculty
Many rules of patent law rest on a false premise about their target audience. Rules of patentability purport to provide subtle incentives to innovators. However, innovators typically encounter these rules only indirectly, through intermediaries such as lawyers, venture capitalists, managers, and others. Rules of patent scope strive to provide notice of the boundaries of the patent right to anyone whose activities might approach those boundaries, including, in theory, any member of the general public. But the rules of patent scope are practically incomprehensible to the general public. In this Article, we argue that rules of patent law should be designed …
Tuning The Obviousness Inquiry After Ksr, Mark D. Janis
Tuning The Obviousness Inquiry After Ksr, Mark D. Janis
Articles by Maurer Faculty
One of the most important and delicate judicial tasks in patent law is to keep the obviousness doctrine in reasonable working order. There are several reasons why the obviousness doctrine has been the subject of frequent judicial tinkering. First, patentability doctrines interact with each other, so doctrinal alterations that seem to be entirely external to the obviousness doctrine frequently have ripple effects on obviousness. The interaction between the utility and obviousness doctrines provides one good example. Second, the obviousness doctrine is internally complex. Cases in the chemical and biotechnology areas over the past several decades have amply illustrated this point. …