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Standardized Terms And Conditions For Open Patenting, Mariateresa Maggiolino, Maria Lillà Montagnani Dec 2012

Standardized Terms And Conditions For Open Patenting, Mariateresa Maggiolino, Maria Lillà Montagnani

mariateresa maggiolino

Once given a legal characterization of the open patenting phenomenon and discussed many of the empirical and theoretical experiences dealing with both open innovation and defensive patenting, the paper suggests what standardized terms and conditions a patent license should encompass in order to foster both the free movement of patented knowledge and its business applications.


Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq Aug 2012

Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq

Vincent J Roth Esq

Much controversy has ensued over the current 12 year data exclusivity period afforded biosimilars pursuant to the Biologics Price Competition and Innovation Act of 2009 (the “BPCI”) that was recently enacted in March 2010, as part of President Obama’s Patient Protection and Affordable Care Act (the “PPACA”), to create a biosimilar market in the US. In fact, the BPCI, itself, has been controversial and just barely survived judicial scrutiny when the US Supreme Court upheld the PPACA on June 28, 2012 in a 5-4 vote. Many commentators speculate whether data exclusivity will overtake patents as the preferred method of ...


Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Genomics Unbound: The Bright Future Of Genetic Testing And Therapy In Light Of Prometheus, Fazal Khan, Lindsay Kessler Apr 2012

Genomics Unbound: The Bright Future Of Genetic Testing And Therapy In Light Of Prometheus, Fazal Khan, Lindsay Kessler

Fazal Khan

This article sets out why gene patents are detrimental to society and further explains why the Supreme Court’s decision in Prometheus unfetters the field of genomics from thirty years of bad precedent. Certain vested interests in the biotechnology industry have long argued that gene patents are needed to promote innovation and ultimately benefits the public interest. However, using Myriad’s breast cancer gene patents on BRCA1 and BRCA2 as a case study, this article argues the opposite. Essentially, gene patents stifle research, impede patient access to affordable testing, and set back the development of new therapies. In addition, this ...


Illuminating Innovation, Lea B. Shaver Mar 2012

Illuminating Innovation, Lea B. Shaver

Lea Shaver

The central justification offered for patent protection is the need to incentivize technological innovation. Yet to date there is little empirical evidence that this aim is achieved. This Article argues that historical case studies, exploring the impact of patent law on particular fields of technological innovation, can be especially helpful in providing an empirical foundation for patent scholarship. The Article then proceeds to offer one such case study, focused on one of the most important technological revolutions of the past two centuries: electrification. Although Thomas Edison and “the incandescent lamp” have been extensively studied, so far no one has asked ...


Could A Hub And Spoke, Homegrown Ceo Strategy Boost The Success Of University Start-Ups?, Brendan O. Baggot, Martin R. Graf Phd Mar 2012

Could A Hub And Spoke, Homegrown Ceo Strategy Boost The Success Of University Start-Ups?, Brendan O. Baggot, Martin R. Graf Phd

Brendan O. Baggot

How can universities make more money with their spinout company (SpinCo)‐suitable technologies? By “growing” their own CEOs to improve both the quality and quantity of startup company leaders available, that’s how. Surprisingly, however, at most universities little or no effort is made to interweave this critical need into tech transfer efforts.


Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila Jan 2012

Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila

Justine Pila

The vast majority of inventions are devised by employees, raising the question who is entitled to patent them? Under the UK Patents Act 1977, the right to patent an invention lies primarily with its inventor(s). However, an exception exists for employee inventions to which section 39(1) applies. The recent decision of the Full Court of the Federal Court of Australia in UWA v Gray raises the question of the applicability of this provision in the university context, in respect of regular academic employees. In that case, the Court relied on UK authorities to support its conclusion that the ...


‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila Jan 2012

‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila

Justine Pila

Section 39(1) of the Patents Act 1977 governs the ownership of inventions devised by employees in the course of their employment. Introduced ‘to codify in a few lines the accumulated common law experience’ prior to 1977, it does not expressly differentiate between employment fields, and has been widely assumed to apply indiscriminately, without regard to the particular context of employment. The purpose of this article is to revisit that assumption. In the argument made, section 39(1) was built around a private sector paradigm the courts’ departure from which is supported by a ‘rational reason’ in the Shanks v ...


Patent Eligibility And Scope Revisited After Schütz V. Werit, Justine Pila Jan 2012

Patent Eligibility And Scope Revisited After Schütz V. Werit, Justine Pila

Justine Pila

This chapter responds to the contribution of Professor Ted Sichelman in the same volume by reconsidering the UK courts’ method of determining patent scope. Using my earlier work regarding the role of eligibility as a determinant of patent scope as the departure point for that reconsideration, I argue that the theory of “patent eligibility scope” proposed in Sichelman’s chapter runs against the grain of UK patent jurisprudence by virtue of its uncertain and open-ended policy nature, and is therefore unlikely to be accepted by the UK courts. On the other hand, recent UK cases such as Schütz v. Werit ...


Intellectual Property Rights And Detached Human Body Parts, Justine Pila Jan 2012

Intellectual Property Rights And Detached Human Body Parts, Justine Pila

Justine Pila

This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognized by European ...


Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz Jan 2012

Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz

John R. Allison

Using both univariate comparisons and multiple regression techniques, we find that: (1) Internet patents and their two subtypes, broad Internet business models and narrower Internet business techniques, were litigated at a far higher rate than other (non-Internet patents, or NIPs)—they were between 7.5 and 9.5 times more likely to end up in infringement litigation, depending on the model we used. (2) Within the category of Internet patents, those on business models were litigated at a significantly higher rate than those on business techniques. (3) Across both Internet patents and NIPs, patents issued to small entities, especially individuals ...