Now showing items 1-6 of 6
Making Patents Useful
(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 ...
The Teaching Function of Patents
(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 ...
Rethinking Novelty in Patent Law
(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 ...
(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 ...
(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 ...
The Presumption of Patentability
(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 ...