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Intellectual Property Law Commons

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Articles 1 - 30 of 351

Full-Text Articles in Intellectual Property Law

Ai-Assisted Inventorship: A Problem For Inventive Conception, Rana Matared, Harut Minasian Jul 2026

Ai-Assisted Inventorship: A Problem For Inventive Conception, Rana Matared, Harut Minasian

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Director Review Analysis, Brandon Theiss, Daniel Golub Jul 2026

Director Review Analysis, Brandon Theiss, Daniel Golub

Chicago-Kent Journal of Intellectual Property

No abstract provided.


When Maintenance Fees Lapse: Unexpected Consequences At The Uspto, Ptab, And In District Court, Maddie L. Richards, Anna G. Phillips, Christopher R. O’Brien, Benjamin M. Gitzinger Jul 2026

When Maintenance Fees Lapse: Unexpected Consequences At The Uspto, Ptab, And In District Court, Maddie L. Richards, Anna G. Phillips, Christopher R. O’Brien, Benjamin M. Gitzinger

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Fifteen Reasons Why Patent Owners Might Prefer Their Patents Be Challenged At The Ptab Rather Than The Cru, Matthew Phillips, Laurence And Phillips Ip Law Jul 2026

Fifteen Reasons Why Patent Owners Might Prefer Their Patents Be Challenged At The Ptab Rather Than The Cru, Matthew Phillips, Laurence And Phillips Ip Law

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Patentability Of Ethical Ai: A Spectrum, Rana Matared, Harut Minasian Feb 2026

The Patentability Of Ethical Ai: A Spectrum, Rana Matared, Harut Minasian

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyright Dilution Under Constitutional Scrutiny, Edward Lee Feb 2026

Copyright Dilution Under Constitutional Scrutiny, Edward Lee

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Unfair Learning: Genai Exceptionalism And Copyright Law, David Atkinson Feb 2026

Unfair Learning: Genai Exceptionalism And Copyright Law, David Atkinson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


A Civilization’S Soul : Positioning Architectural Works In The Argument For Greater Restrictions On Ai Training, Alexandria B. Noble Feb 2026

A Civilization’S Soul : Positioning Architectural Works In The Argument For Greater Restrictions On Ai Training, Alexandria B. Noble

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Algorithmic Chopin—Musical Authorship In The Age Of Artificial Intelligence, Eyal Brook Feb 2026

Algorithmic Chopin—Musical Authorship In The Age Of Artificial Intelligence, Eyal Brook

Chicago-Kent Journal of Intellectual Property

No abstract provided.


An Empirical Dissection Of Discretionary Denials Following Bifurcation Policy, Sarah Geers, Adam J. Cook, Daniel C. Sloan, Matt Johnson Feb 2026

An Empirical Dissection Of Discretionary Denials Following Bifurcation Policy, Sarah Geers, Adam J. Cook, Daniel C. Sloan, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Unsettling History Of Settled Expectations, Sara Tonnies Horton, Henry Thomas Feb 2026

The Unsettling History Of Settled Expectations, Sara Tonnies Horton, Henry Thomas

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Motions To Amend: Have The Changes Made By The Uspto’S Pilot Program Resulted In More Favorable Outcomes For Patent Owners?, Matthew Johnson, Daniel C. Sloan, Adam J. Cook Jul 2025

Motions To Amend: Have The Changes Made By The Uspto’S Pilot Program Resulted In More Favorable Outcomes For Patent Owners?, Matthew Johnson, Daniel C. Sloan, Adam J. Cook

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Publicity Rights Metamorphosis: From The Right To Evoke To The Ultimate Evoked Rights, Mira Moldawer Jul 2025

Publicity Rights Metamorphosis: From The Right To Evoke To The Ultimate Evoked Rights, Mira Moldawer

Chicago-Kent Journal of Intellectual Property

No abstract provided.


It’S Not Albright In Texas: How Ptab Expertise Can Illuminate Patent Litigation In Texas, Kaitlyn Mires Jul 2025

It’S Not Albright In Texas: How Ptab Expertise Can Illuminate Patent Litigation In Texas, Kaitlyn Mires

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Intellectual Property Inequality Alleviation, Daniel Benoliel Jul 2025

Intellectual Property Inequality Alleviation, Daniel Benoliel

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Practical Considerations In View Of The Federal Circuit’S Restrictive View Of Collateral Estoppel In Kroy Ip, Timothy Maloney, Alvaro Cure Dominguez Jul 2025

Practical Considerations In View Of The Federal Circuit’S Restrictive View Of Collateral Estoppel In Kroy Ip, Timothy Maloney, Alvaro Cure Dominguez

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Salvage Operation: A Guide To Recovering Claims After An Adverse Ipr Final Written Decision, Thomas J. Scott Jr., Timothy D. Dorney Jul 2025

Salvage Operation: A Guide To Recovering Claims After An Adverse Ipr Final Written Decision, Thomas J. Scott Jr., Timothy D. Dorney

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The "Principles Of Equity" In Dewberry, Andres Sawicki Feb 2025

The "Principles Of Equity" In Dewberry, Andres Sawicki

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Plight Of The American Innovator, David R. Soucy Feb 2025

Plight Of The American Innovator, David R. Soucy

Chicago-Kent Journal of Intellectual Property

The American innovator is at risk. Our U.S. patent system unfortunately favors the speculators over the innovators. In the fight against questionable patent suits brought by non-practicing entities (i.e., patent trolls), those disagreements have become a one-sided affair in favor of the investor. This unjust circumstance arises due to the immunity patent trolls have from the innovator’s patents. A frustrating predicament for an innovator who has often made substantial investments in protecting his or her technology that go for naught in a dispute with an entity who does not put products into the stream of commerce. Now § 285 of …


Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt Feb 2025

Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane Feb 2025

Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa Feb 2025

Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa

Chicago-Kent Journal of Intellectual Property

The U.S. Copyright Act’s statute of limitations is unremarkable. Nonetheless, disputes concerning the interpretation and application of this statute have sufficiently vexed the courts that it has been the subject of two Supreme Court decisions in the past decade. Most recently, Warner Chappell Music, Inc. v. Nealy resolved a circuit split that lasted only a few years. Despite this resolution, and the seeming unanimity of the lower courts in adopting the discovery rule of accrual, closer examination reveals that the lower courts are applying the discovery rule in two very different ways, depending on the nature of the dispute between …


Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson Feb 2025

Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson

Chicago-Kent Journal of Intellectual Property

This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …


Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs May 2024

Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung May 2024

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg May 2024

Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg

Chicago-Kent Journal of Intellectual Property

Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …


Iconic Copiestm, Felicia Caponigri May 2024

Iconic Copiestm, Felicia Caponigri

Chicago-Kent Journal of Intellectual Property

There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …


Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson May 2024

Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky May 2024

The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie Dec 2023

Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.