Browsing Law School by Subject "Patent laws and legislation -- United States"
Now showing items 1-10 of 10
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(Notre Dame Law Review, 2011)Patent law is constantly evolving to accommodate advances in science and technology. But, for a variety of reasons, some aspects of patent doctrine have not evolved over time leading to a growing disconnect between the ...
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(UCLA Law Review, 2008)A bedrock principle of patent law is that an applicant must sufficiently disclose the invention in exchange for the right to exclude. The essential facet of the disclosure requirement is enablement, which compels a patent ...
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(Minnesota Law Review, 2014)It is axiomatic in patent law that an invention must be useful. The utility requirement has been a part of the statutory scheme since the Patent Act of 1790. But what does it mean to be useful? The abstract and imprecise ...
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(Albany Law Journal of Science & Technology, 2006)The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend ...
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(Vanderbilt Law Review, 2011)The quest to achieve the impossible fuels creativity, spawns new fields of inquiry, illuminates old ones, and extends the frontiers of knowledge. It is difficult, however, to obtain a patent for an invention which seems ...
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(Minnesota Law Review, 2013)When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent ...
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(Akron Law Review, 2007)Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in ...
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(Duke Law Journal, 2011)The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those ...
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(North Carolina Law Review, 2009)Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These "happy accidents" have spawned new fields of science, broken intellectual and ...
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(Notre Dame Law Review, 2010)In theory, a patent serves the public good because the disclosure of the invention brings new ideas and technologies to the public and induces inventive activity. But while these roles inherently depend on the ability of ...