9,632 results on '"PATENT law"'
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2. ESTOP ME NOW: THE NEED FOR EXTRINSIC EVIDENCE IN REBUTTING PROSECUTION HISTORY ESTOPPEL VIA TANGENTIAL AMENDMENTS.
- Author
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WHEELER, WILLIAM F.
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PATENT law , *LEGAL evidence , *APPELLATE courts , *PRESUMPTIONS (Law) , *JURISPRUDENCE - Abstract
In 2002, in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the U.S. Supreme Court significantly changed patent law when it rejected the Federal Circuit's absolute bar approach to prosecution history estoppel. The decision expanded the doctrine of equivalents by creating three exceptions to prosecution history estoppel. Of the three exceptions, however, the Court provided de minimis guidance on the tangential amendment exception, leaving the Federal Circuit to sort out when a narrowing claim amendment is only tangentially related to a claimed equivalent. This ambiguity has resulted in pronounced inconsistency among Federal Circuit panels in deciphering the scope of this exception. Differing judicial approaches in interpreting gaps within the prosecution history record have further compounded this inconsistency. Moreover, the nuanced challenges that patents in complex and evolving fields pose has led to a more lenient application of the exception in these fields compared to patents in other domains. Consequently, the jurisprudence stands in a state of disarray, lacking the essential clarity needed for equitable implementation. This Note argues that to rectify this ambiguity and align with the Festo decision, patentees should be allowed to present extrinsic evidence. Relying solely on intrinsic evidence, which often offers limited and unreliable information, has overly emphasized the notice function of the prosecution record. The Warner-Jenkins presumptions, combined with extrinsic evidence to challenge estoppel through tangentiality, presents a balanced approach, promoting fairness and equity among patentees. [ABSTRACT FROM AUTHOR]
- Published
- 2025
3. Defeating Patent Trolls at the Pleading Stage: A New Approach to Attacking Means-Plus-Function Patents.
- Author
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Spagnuolo, Nicholas R.
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NONPRACTICING entities (Patent law) , *PATENTABILITY , *PATENT law , *MOTIONS to dismiss , *DISTRICT courts - Abstract
Courts have recently been struggling to answer an open question related to whether patent validity can be challenged at the pleading stage. In Alice Corp. v. CLS Bank International, the Supreme Court created a "litigation gatekeeper" for patent eligibility claims. Yet, lower courts come to conflicting conclusions whenfaced with early-stage motions to dismiss based on validity. No article has focused on how the analytical framework used by district courts in a motion to dismiss for ineligibility under Alice can be extended to other areas of patent law. I conclude that patent validity may be determined as an issue of law for a judge. As an issue of law, validity can be challenged at the pleadingstage for a portion of patents that cannot be revived through claim construction. The Article proposes an analytical framework that mirrors the steps of patent ineligibility for district courts to use when faced with a motion to dismiss for invalidity with means-plus-functions claims. Means-plus-function claims present broad language that makes them more susceptible to abuse by non-practicing entities who intend on asserting overbroad patents to force settlements (known as "patent trolls"1 District courts have been wary to entertain motion to dismiss on invalidity at the pleading stage, creating a "settled practice" of delaying a ruling. But, by delaying a ruling, district courts are providing economic ammunition to patent trolls, which creates a hardship for many alleged infringers. In short, by using the provided framework, alleged infringers are protected by resolving claims early in litigation, which lowers the transactional cost of challenging overbroad patents and promotes innovation and growth within the patent system. [ABSTRACT FROM AUTHOR]
- Published
- 2025
4. Undressing AI: Transparency Through Patents.
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Perritt Jr., Henry H.
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GENERATIVE artificial intelligence , *INTELLECTUAL property , *PATENTABILITY , *PATENT law , *PATENT applications - Abstract
Pressures for more flexible acceptance of patent applications involving computer inventions and pressures to require greater transparency of generative artificial intelligence ("Al") products may represent a perfect storm for patent eligibility clarification and for AI transparency. The revolution in artificialintelligence technology has led to an upsurge in applications for patents covering AI inventions. Whether these inventions are eligible for patent protection intensifies a vigorous debate that has surrounded two Supreme Court decisions in the last ten years that erect barriers to statutory eligibility for patents. These two cases, known collectively as "Alice/Mayo," superimpose judicial exceptions disqualifying subject matter that literally qualifies under the language of the patent statutes. The controversy, even before Ars arrival on the scene, pits innovators seeking broader intellectual property protection over computer software and biotechnology against those who claim that aggressive intellectual property rights and enforcement stifles rather than stimulates innovation. The unusual characteristics of generative AI technology mean that applications for genuine inventions in the area can break down some barriers that have artificially circumscribed patent eligibility. Properly described, these characteristics, combined with commentator suggestions about how Alice/Mayo should be understood and applied, can permit patent law to adapt appropriately, even without legislative reform. One of the loudest calls for regulating AI demands transparency. Transparency is a requirement for obtaining a patent. Developers have been grudging in their response because of the need to protect trade secrets. Greater reliance on patents to protect AI innovations will meet the proprietary needs of AI developers to protect against free riding on their innovations, while also responding to regulatory and legislative movements to make AI transparent. Legislation now pending in Congress to amend the patent act and get rid of the judicial exceptions probably is not going to get enacted, but the clamor to regulate Al may intrude into the intellectual property arena, giving new political impetus to changing perspectives on patents for twenty-first century technology. A perfect storm may allow inventors and their patent lawyers to retire from the battlefield and go back into the lab. [ABSTRACT FROM AUTHOR]
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- 2025
5. Predictable Unpredictability: The Surprising Administrability of Patent Subject Matter Eligibility.
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Datzov, Nikola L. and Rantanen, Jason
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PATENT offices , *PATENT law , *PATENTABILITY , *JUDGES , *APPELLATE courts - Abstract
More than a decade has passed since the Supreme Court established the current framework for evaluating patent subject matter eligibility. Despite widespread recognition that subject matter eligibility is one of the most important areas of patent law, the impact of the Supreme Court's decisions continues to draw sharp criticism and remains a hotly contested issue. As the law has developed over the past decade, a number of popular narratives have emerged. None have been more popular and polarizing than the often-repeated purported fatal flaw that the framework cannot be applied predictably. Too many critics to count--including academics, practitioners, legislators, and judges--have lambasted the patent eligibility framework as an unpredictable morass of confusion. Yet, these claims that the doctrine is unpredictable stand on shaky empirical ground. Drawing on the most complete dataset of § 101 appellate cases collected to date, we examine the Federal Circuit's case law at a more comprehensive and granular level than any prior study to better understand how the sole patent appellate court has shaped and evolved this controversial doctrine. Using a multi-dimensional approach to assessing doctrinal predictability, including a novel metric that examines not just outcomes but judicial assessment, we assess whether patent subject matter eligibility doctrine is as unpredictable as the popular narrative claims. Our findings reveal a patent eligible subject matter jurisprudence that looks remarkably like other patent law issues at the Federal Circuit, and one that lacks the kinds of empirical hallmarks that we would expect given the rhetoric. Specifically, we find that district courts and the U.S. Patent and Trademark Office are not only getting the right result nearly every time, they also make very few errors in applying the law. Moreover, in all but a few cases, Federal Circuit judges show remarkable agreement in deciding § 101 issues. In fact, Federal Circuit judges dissent less frequently in § 101 cases than they do in other types of patent cases. Ultimately, this systematic analysis of Federal Circuit § 101 decisions reveals that there is significant reason to think the popular narrative that § 101 and the Mayo/Alice framework cannot be predictably applied, particularly by judges, is more of a misconception than an accurate narrative. [ABSTRACT FROM AUTHOR]
- Published
- 2025
6. Looking at Patent Law: Patenting an Invention for Decarbonized Cement Blends; A Case Study...Electrochemical Cement Production.
- Author
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Taylor, E. Jennings and Inman, Maria
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PATENT law , *TECHNOLOGICAL innovations , *PATENT applications , *CEMENT industries , *POWER of attorney , *INVENTIONS - Abstract
IIn this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 12,065,379; "Decarbonized Cement Blends." The subject invention aligns with an important focus of The Electrochemical Society (ECS) on sustainability and the technical interests of several divisions including Energy Technology (ETD), Industrial Electrochemistry and Electrochemical Engineering (IE&EE), and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) march-in rights for government sponsored research, 4) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 5) summary of the non-final office action rejecting the patent application for obviousness, and 6) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from a dependent claim to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant-initiated request for prioritized examination for patent applications addressing environmental issues. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
7. The Holy Trinity of Patents, Biotechnology and Sustainability. Review of Biotech Patents in the Scope of US Patent Case Law.
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Keserű, Barna Arnold and Frank, Máté
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AMERICAN law ,PATENT law ,BIOTECHNOLOGY ,SUSTAINABLE development ,PATENTABILITY - Abstract
Patent law plays a crucial role in all three pillars of sustainable development. Economically, patents serve as a highly valuable competitive tool, socially, they promote advancements that benefit public health and nutrition, and environmentally, patents facilitate the development and dissemination of environment-friendly technologies. In recent decades, biotechnology has emerged as one of the most significant patent-intensive industries. This paper examines the evolution of the patentability of biotechnological inventions from the early 1970s to the present day, with a primary focus on the case law of the United States, a predominant actor in this field. The main contributions of this paper are twofold. First, it explores the framework of patentability for biotechnological inventions, particularly focusing on different genomes. Second, the paper considers the potential future of biotechnology, particularly in light of ongoing litigation over CRISPR-Cas9 gene-editing technology. The findings suggest that recent US case law, particularly regarding CRISPR-Cas9, will shape patentability criteria and market access. Over-protection of biotechnology may hinder the fulfillment of sustainable development goals, while the lack of exclusive rights would hold back innovation, which is also harmful to these goals. [ABSTRACT FROM AUTHOR]
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- 2024
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8. EUROPEAN UNION LAW PERSPECTIVE ON THE INTELLECTUAL PROPERTY PROTECTION OF ARTIFICIAL INTELLIGENCE SYSTEMS.
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D. P., Bohatchuk
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INTELLECTUAL property ,ARTIFICIAL intelligence ,EUROPEAN Union law ,COPYRIGHT ,PATENT law ,TRADE secrets ,PERSONALLY identifiable information - Abstract
The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence can be protected by means of copyright. The author analyzes the European Union's copyright acquis and concludes that the elements of the Al system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a "computer-implemented invention" in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis. [ABSTRACT FROM AUTHOR]
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- 2024
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9. Statistics in Service of Metascience: Measuring Replication Distance with Reproducibility Rate.
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Buzbas, Erkan O. and Devezer, Berna
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INFERENTIAL statistics , *SCIENTIFIC method , *PATENT law , *MEASURING instruments , *STATISTICS - Abstract
Motivated by the recent putative reproducibility crisis, we discuss the relationship between the replicability of scientific studies, the reproducibility of results obtained in these replications, and the philosophy of statistics. Our approach focuses on challenges in specifying scientific studies for scientific inference via statistical inference and is complementary to classical discussions in the philosophy of statistics. We particularly consider the challenges in replicating studies exactly, using the notion of the idealized experiment. We argue against treating reproducibility as an inherently desirable property of scientific results, and in favor of viewing it as a tool to measure the distance between an original study and its replications. To sensibly study the implications of replicability and results reproducibility on inference, such a measure of replication distance is needed. We present an effort to delineate such a framework here, addressing some challenges in capturing the components of scientific studies while identifying others as ongoing issues. We illustrate our measure of replication distance by simulations using a toy example. Rather than replications, we present purposefully planned modifications as an appropriate tool to inform scientific inquiry. Our ability to measure replication distance serves scientists in their search for replication-ready studies. We believe that likelihood-based and evidential approaches may play a critical role towards building statistics that effectively serve the practical needs of science. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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10. Corpus Linguistics at the U.S. Patent and Trademark Office.
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Ebrahim, Tabrez Y.
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PATENT offices , *CORPORA , *PATENT suits , *PATENT law , *PATENT applications - Abstract
This Article examines the intersection of corpus linguistics and patent law. It introduces the foundations of corpus linguistics and its application to the law and advances the potential for its application to patent examination at the United States Patent and Trademark Office (USPTO). Historically, the disciplines of corpus linguistics and patent law did not intersect until scholars began to consider the application of corpus linguistics to patent litigation for interpretation of terms in patent claims. Interpretation of legal language provided by corpus linguistics and applied to patent examination at the USPTO has yet to be addressed and is a novel application of a unique case study. As proponents and critics of corpus linguistics continue to debate its benefits and challenges, patent examination at the USPTO presents an opportunity to test its application. Scholars have frequently utilized patent data to assess economic, empirical, and statistical hypotheses. Similarly, the historical records pertaining to patents (as well as databases of other prior art) can serve as a basis for a study based on the application of corpus linguistics at the USPTO. Turning to the normative, this Article concludes with proposed reforms to patent examination based on corpus linguistics and research questions for future studies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
11. Biotechnology and Intellectual Property: The Limits of Animal Patentability in the European Union.
- Author
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Golubei, Mariia and Pankova, Liliia
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ANIMAL breeds ,INTELLECTUAL property ,PATENT law ,BIOTECHNOLOGY - Abstract
The study considers the possibility of patenting animal breeds as objects of intellectual property, taking into account the legislation and law enforcement practices of the European Union. It presents a retrospective analysis and detailed interpretation of the conventional and directive provisions related to the patent protection of animal breeds, and characterizes the differences between the latter and the microbiological process. It was observed that the position of the European Patent Office on this issue was not always unanimous, which was manifested in the contradictory interpretation of the relevant, not perfectly formulated, legislative norms. It was analyzed under what conditions the current position of the EU manifests itself in the fact that an animal breed, as a product of an exclusively biological process, cannot be subject to patent protection. In addition, the concepts of "biological" and "technical processes" were interpreted as additional criteria for patentability concerning living organisms. Attention was also paid to the ethical component of biotechnological inventions and the still problematic aspects of animal breeding as possible results of biotechnological activity were emphasized. [ABSTRACT FROM AUTHOR]
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- 2024
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12. Apuntes sobre el licenciamiento obligatorio de patentes de invención en México.
- Author
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Campa Navarro, Juan Ignacio
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PATENT law , *TECHNOLOGICAL innovations , *NATIONAL territory , *ECONOMIC impact , *ECONOMIC development , *PATENT licenses - Abstract
Technological innovation is a crucial factor in the technological and economic development of nations today. Ownership and appropriation policies of patents are an important part of innovation processes. The compulsory license is an instrument that in principle aims towards these objectives. However, in Mexico, despite the fact that compulsory licensing was incorporated into patent legislation more than a century ago, it has been exercised very rarely. The overwhelming lack of registration of compulsory licenses has been due, among other factors, to the gaps and insufficiencies in the specifications that patent laws have established to regulate the compulsory licensing process, aspects that have led to contradictions and discretions that erode the propensity to use compulsory licenses by those interested in exploiting patents in national territory. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. Looking at Patent Law Patenting an Invention for Improved Electrochemical Machining by Combining Magnetic Field Waveforms, Ultrasonic Motion, and Pulsed Electric Field Waveforms: A Case Study ...Overcoming an Obviousness-based Prior Art Rejection.
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Jennings Taylor, E. and Inman, Maria
- Subjects
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ELECTROCHEMICAL cutting , *TECHNOLOGICAL innovations , *PATENT law , *PATENT applications , *POWER of attorney , *INVENTIONS - Abstract
In this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 10,357,839; "Method for Electrochemical Machining using Sympathetic Waveform Interactions". The subject invention aligns with the technical interests of several divisions of The Electrochemical Society (ECS), including Corrosion (CORR), Industrial Electrochemistry and Electrochemical Engineering (IE&EE) and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 4) summary of the non-final office action rejecting the patent application for obviousness, and 5) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from the dependent claims and the specification to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant initiated nonpublication exception to the eighteen month publication rule. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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14. EARNING TRADE SECRETS.
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Pishman, Joseph P. and Varadarqjan, Deepa
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PROTECTION of trade secrets ,INTELLECTUAL property ,TRADE secrets ,PATENT law ,CONSUMER complaints - Abstract
Every intellectual property right, like every property Tight generally, has a moment Qf birth. Whether and when that moment occurs depend on doctrines of original acquisition. In most IP regimes, these doctrines are so fundamental that they've been reduced to a single verb. One can get a patent only by inventing, or a copyright only by authoring. The modern law of trade secrecy, however remains strangely quiet on its own rules of original acquisition. While it asks whether the claimed ir® rmation is secret enough and whether the owner is guarding that secret, it sidesteps the basic question of what that would-be owner must do in order to earn legal protection in the Jirst place. That inattention is becoming more troubling. Firms are increasingly weaponizing the broad definition of trade secrets to assert rights over any information that they want to shield from public scrutiny, *om workplace irjury statistics to employee diversity data to consumer complaints. In many cases, the firm made no real effort to develop the information, and in the most egregious ones the firm would rather the information not exist at all. Still, under the black-letter eligibility test, it's not clear that thosefacts would bar a claim. Inl this Article, however we argue that trade secrecy does indeed possess a neglected doctrine of original acquisitionand its proper application could dispose Qfsorne of these perverse claims. In order to receive the legal entitlement, we contend, a claimant must have made some meaningful economic investment in causing the 01/brmation to exist. While tying trade secret protection to development cost has a long pedigree at common lau), it doesn't get the attention it deserves today because it's not mentioned in any governing statute. Yet as we show, many cases nevertheless continue to treat development cost as afreestanding eligibility consideration anyway. Emphasizing investment within trade secrecy's law of original acquisition is a policy lever hiding in plain sight within classical doctrine. While conditioning eligibility on this sort of sweat equity isfamously atfured by both copylight and patent law, we explain why it makes far more sensejor trade secrets. [ABSTRACT FROM AUTHOR]
- Published
- 2024
15. ACCESS TO ESSENTIAL MEDICINES IN INDIA: THE ROLE OF INNOVATIONS, PATENTS, AND INTELLECTUAL PROPERTY RIGHTS.
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A., Prassanna Tulasi, Ahmad, Imteyaz, Dehury, Ranjit Kumar, and Behera, Manas Ranjan
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INTELLECTUAL property ,DRUG patents ,BUSINESS negotiation ,GENERIC drugs ,PATENT law - Abstract
The role of essential medicines is to smoothen life and overall improvement of health in the society. However, increased demand for medications and the role of patent rights are forcing a lack of access to essential medicines. Innovations in crucial times helped solve many population issues. Despite the availability of medication technology, there is a shortage or non-availability of essential medicines in various parts of the world. This is indirectly attributed to the existing patent laws and intellectual property rights. This paper argues in favour of and against the pharmaceutical sector’s patent laws in the context of access to medicines. Further, access to medicine is discussed in the context of the non-availability of medications among the vulnerable population in India and the world. The Indian setup helps in acquiring world technologies in various business negotiations. There is also a need for support in terms of resources and ecosystems in India for further development. Given that multi-national companies are interested in the Indian market, many things can be done quickly. However, the gain in the patent rights may not help solve the issues of access to essential medicines. Public financing for research can be much more useful for access to medicine. Overall, patent rights must not be a hurdle for addressing public health issues in the process of increasing access to medicines. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
16. ТЕОРЕТИКО-ПРАВОВІ ДОСЛІДЖЕННЯ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СУЧАСНИЙ СТАН ТА ПІЗНАВАЛЬНІ ВИКЛИКИ
- Author
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М. В., Котенко
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INTELLECTUAL property ,MENTAL work ,SCIENTIFIC knowledge ,INTELLECTUAL development ,PATENT law - Abstract
In the work, the author focuses on scientific works in which intellectual property is studied from the point of view of its theoretical and legal aspects. It is noted that intellectual property is a multidisciplinary phenomenon, is the subject of research in a wide range of social sciences, including legal ones. The theoretical and legal dimension of intellectual property is particularly important in the modern conditions of the development of its legal regulation, which is capable of both strengthening the scientific study of its legal properties and developing scientifically based recommendations on increasing the effectiveness of the use of various legal means and methods necessary to ensure the protection and protection of rights intellectual property, stimulation of intellectual activity, etc. It was noted that various theoretical and legal aspects of intellectual property, including the question of its value understanding, to one degree or another were the subject of scientific research by various domestic and foreign scientists. Based on the analysis of the works of legal theorists, it was concluded that in legal science, intellectual property scientific research is presented quite widely and reflected in numerous scientific works of both domestic and foreign scientists. This indicates a rather detailed analysis of various legal aspects of intellectual property. However, characterizing the existing scientific works as a whole, it is worth noting their cumulative nature, which in essence are created and developed according to the cumulative principle, lacking systematicity and sequence of development. Today, in legal science, works of a theoretical-legal content, which have a high degree of conceptuality, organically combine both issues of a theoretical-legal and practical nature are quite sporadically presented. Mostly scientific works have a narrow spectrum of scientific knowledge, investigating one or another legal aspect of intellectual property. The same can be said about the development of intellectual property research. Mostly, they are separated from each other, which is due to the lack of unified conceptual foundations of promising directions for the development of scientific research of intellectual property. This confirms the need, on the one hand, to strengthen theoretical and legal studies of intellectual property as a legal phenomenon, and on the other hand, to emphasize the importance of conceptualizing such scientific studies, the basis of which should be the appropriate methodological approach or their combination. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
17. Author Index (Volume 14).
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ARTEMISININ ,SCIENCE publishing ,DIELECTRIC properties ,PATENT law ,DIELECTRICS - Abstract
The document is an author index for Volume 14 of the Journal of Advanced Dielectrics, listing numerous authors and their corresponding article numbers. The index includes a diverse range of authors from various cultural backgrounds, contributing to the field of dielectrics research. The document provides a comprehensive list of authors and their respective articles, showcasing the global reach and collaboration within the scientific community. [Extracted from the article]
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- 2024
- Full Text
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18. MASSIE ON RESTORING AMERICA'S INNOVATION ENGINE: Congressman Thomas Massie explains how his patent legislation can help jump-start the economy by protecting intellectual property rights
- Author
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Lindsay, Jeff
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Patent law ,Intellectual property ,Legislators ,Intellectual property ,General interest ,News, opinion and commentary ,Massachusetts Institute of Technology -- Intellectual property -- Innovations - Abstract
Representative Thomas Massie, who represents the 4th District of Kentucky, is one of the few elected officials who understand the importance of the U.S. patent system and the need to [...]
- Published
- 2024
19. PATENT LAW'S ROLE IN PROTECTING PUBLIC HEALTH.
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Seymore, Sean B.
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INVENTIONS ,PUBLIC health ,DIETARY supplements ,SEWAGE disposal plants ,PATENT law - Abstract
Innumerable inventions implicate public health--including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions--whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they've disrupted the delicate balance of two competing policy objectives in patent law--enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases--by making public health an affirmative defense to infringement. If the patent owner has engaged in invention-related egregious misconduct that's jeopardized public health, the court could render the patent unenforceable by dismissing the lawsuit. Or the court could render the patent temporarily unenforceable until the misconduct ceases and its ill effects on public health dissipate. This proposal aligns with the increasing use of equitable remedies in patent disputes and raises interesting normative and policy questions about the role of public health issues in patent law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
20. 'A new way by her invented': Women inventors and technological innovation in Britain, 1800–1930.
- Author
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Khan, B. Zorina
- Subjects
TECHNOLOGICAL innovations ,INVENTORS ,GENDER nonconformity ,WOMEN consumers ,CONSUMER goods ,ECONOMIC development ,BRITISH people ,PATENT law - Abstract
What accounts for the common perception that women have contributed little to advances in entrepreneurship and innovation in Britain during the early industrial era? This paper empirically examines the role of gender diversity in inventive activity during the first and second industrial revolutions. The analysis of systematic data on patents and unpatentable innovations uniquely enables an evaluation of women's creativity within both the market and nonmarket sectors. British women inventors were significantly more likely than men to focus on unpatentable innovations in consumer final goods and design‐oriented products that spanned art and technology, and on uncommercialized improvements within the household. Conventional approaches that fail to account for nonmarket activity and for such incremental changes in consumer goods and design innovations therefore significantly underestimate women's contributions to household welfare and overall economic progress. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
21. KNOWLEDGE COMMONS PAST, PRESENT, AND FUTURE.
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Madison, Michael J.
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PATENT law , *DATA privacy , *KNOWLEDGE management , *GOVERNMENT policy , *EMPIRICISM - Abstract
The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. This short Article describes the origins, functions, successes, limitations, and ambitions of GKC research, aligning it with questions of law as well as with the many roles of information in 21st century society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
22. INCENTIVIZING INNOVATION IN THE REALM OF SOCIAL GOODS: PATENT LAW'S UNINTENDED INHIBITING EFFECT ON ENVIRONMENTAL TECHNOLOGICAL ADVANCEMENT.
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Graham, Ethan
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CARBON dioxide & the environment ,CARBON dioxide reduction ,GREENHOUSE gases & the environment ,GREEN technology ,PATENT law - Abstract
The article examines the challenges in combating climate change, emphasizing the need for innovative technologies like Direct Air Capture (DAC) that can remove carbon dioxide from the atmosphere rather than merely reducing emissions at the source. Topics include the role of patent law in hindering DAC innovation, the effectiveness of DAC technology compared to traditional methods, andregulatory solutions to facilitate its development in efforts to mitigate greenhouse gas emissions.
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- 2024
23. INVENTIONS AND PATENTS FOR TREATING THYROID DISEASE.
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MUNOZ-ROBLES, BRIZZIA and HANEY, BRIAN
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PATENT law ,THYROID diseases ,HUMAN body ,THERAPEUTICS ,HEALTH literacy - Abstract
The thyroid is a bi-lobed gland located at the base of the neck that produces essential hormones for metabolic control in the human body. Affecting nearly fifty-million Americans, thyroid disease has become a ubiquitous cause for symptoms including depression, anxiety, psychosis, and heart disease. Yet, while the healthcare law scholarship is visibly scaling, the research relating to law, innovation, and thyroid disease is completely naked. This Article provides an interdisciplinary introduction to the Thyroid Patent Dataset, an evolving mechanism for tracking progress in treatments for thyroid disease and advances the literature in providing the first consolidated review of patents for a specific disease. In short, this Article explores the confluence of thyroid disease, patent law, and innovation policy to promote knowledge in human health relating to the human thyroid. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. Rudraksha: A Smart Drug And A Smart Nutrients: A Review.
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Ghosh, Niladry S., Sachan, Pritee, Pal, Radha, Dubey, Anubhav, and Kumari, Mamta
- Subjects
MEDICAL sciences ,PATENT law ,MEDICAL research ,AYURVEDIC medicine ,HYPOGLYCEMIC agents - Abstract
Background: Rudraksha has excellent mineral characteristics, making it a smart medication and smart nutrition. In Ayurveda, the highly prized plant is believed to have sprung from Lord Shiva's tears, offering tremendous therapeutic and astrological advantages for human existence. Methodology: To conduct a thorough evaluation of the literature, databases from Springer, Elsevier, PubMed, and Science Direct were used. Result and Discussion : In addition to its scientific use, Rudraksha has unique characteristics that make it possible to heal a wide range of incurable ailments. It also serves a significant spiritual function in a man's everyday life. Biochemical analysis, electromagnetic analysis, and chemical composition can provide all the necessary chemical information about rudraksha. Accurate information about its scientific properties reveals that Rudraksha is a highly potent plant that will greatly benefit our medical research. Additionally, traditional mythological and astrological values describe the various types of Rudraksha; generally, each type has 1-14 faces (Mukhi), each with a unique value. Conclusion: Contemporary medicine has utilized the rich pharmacological and therapeutic properties of rudraksha, such as its analgesic, antioxidant, antifungal, antidiabetic, hepatoprotective, immunomodulator and antidepressant properties. [ABSTRACT FROM AUTHOR]
- Published
- 2024
25. For Forty-Four Years, the Federal Government Has Declined to Exercise March-In Rights for Federally Funded Patents... It's Time to Revisit the Bayh-Dole Act.
- Author
-
Nacht, Jennifer
- Subjects
- *
ECONOMIC impact , *PATENT law , *DRUG prices , *COVID-19 pandemic , *FEDERAL government - Abstract
This Paper offers a critical examination of the public policy justification for "march-in" rights, why the federal government has not marched in on federally funded patents, and why it is unlikely the federal government ever will. The examination is grounded in the context of high drug pricing and the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2024
26. EXCEPCIONES DE PATENTASILIDAD: ENFOQUE DESDE EL CASO DE LA TECNOLOGIA CRISPR-CAS9. ?CONSTITUYE UNA VULNERACION AL ORDEN PUBLICO, LA MORAL Y LAS BUENAS COSTUMBRES?/PATENTABILITY EXCEPTIONS: APPROACH FROM THE CASE OF CRISPR-CAS9 TECHNOLOGY. DOES IT CONSTITUTE A VIOLATION OF PUBLIC ORDER MORALITY AND GOOD MANNERS?
- Author
-
Pinzon, Leidy Johana Celis
- Published
- 2024
- Full Text
- View/download PDF
27. Reimagining Legal Education: Insights from UNH Franklin Pierce's First 50 Years.
- Author
-
Reed, Christopher S.
- Subjects
LEGAL education ,PATENT law - Abstract
Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available atthe time, and the curriculum overall emphasized practical skills over theory. Today, half a century later, Dr. Rines's vision not only endures, but flourishes. In addition to becoming one of the world's most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law* is the home of two pioneering programs that animate and exemplify the school's founding principles: The Daniel Webster Scholar Honors Program, which equips students to practice law in New Hampshire from the moment they graduate, and the Hybrid J.D. Program, which enables working professionals to pursue an IP("intellectual property")-focused legal education while maintaining their day jobs. These programs, with their groundbreaking approaches to curriculum and pedagogy, have become models for what the future of legal education should look like-training students to practice law, ratherthan to simply think, talk, and write about it. Although the notion of elevating practice over theory has traditionally been shunned by the upper echelons of the bar admission industrial complex, the idea of creating "practice ready" or "client ready" graduates has become a common refrain in public policy discussions about legal system reform. In short, Dr. Rines was ahead of his time. This essay first examines my own experiences with UNH Franklin Pierce, as a student and as a member of the affiliate faculty, and then reflects upon my own career and how my experience at the school has helped lead me to success. I then apply that learning to sketch out a broad proposal for what the future of legal education and bar admission might look like, describing its key features and characteristics, and identifying some key questions that remain unanswered. [ABSTRACT FROM AUTHOR]
- Published
- 2024
28. Exploring collaborative innovation evolution of China's energy conservation and environmental protection industry: a social network analysis based on patents.
- Author
-
Liu, Weiwei, Guo, Yuqi, and Bi, Kexin
- Subjects
SOCIAL network analysis ,ENVIRONMENTAL protection ,ENERGY conservation ,SOCIAL network theory ,SUSTAINABLE development ,PATENT law - Abstract
Purpose: Energy conservation and environmental protection industry (ECEPI) is a strategic choice to promote energy conservation and emission reduction, develop green economy and circular economy. However, China's ECEPI is still in the stage of rapid development and the overall scale is relatively small, what development periods have the ECEPI experienced? This study aims to contribute to a better understanding of collaborative innovation evolution based on social network analysis from the perspective of multi-dimensional proximity. Design/methodology/approach: Methodologically, this study uses social network analysis method to explore the co-evolution of multidimensional collaboration networks. It divides China's ECEPI into four periods based on national policies from 2001 to 2020. This contribution constructs collaborative innovation networks from geographical, technological and organizational proximity. Findings: The results show that the collaborative innovation network was initially formed in the central region of China, gradually expanded to neighboring cities and the core positions of Beijing, Jiangsu and Guangdong have been continuously consolidated. C02F has been the core of the collaboration networks, and the research focus has gradually shifted from the treatment of wastewater, sewage or sludge to the separation field. Enterprises always occupy a dominant position in the collaboration networks. Originality/value: This research investigates the dynamic evolution process of collaborative innovation network in China's ECEPI from the perspective of multidimensional proximity, explores the community structure, important nodes and multidimensional proximity features in the network, expands the research perspective on evolution characteristics of innovative network and the research field of social network analysis. Theoretically, this study enriches collaborative innovation theory, social network theory and multi-dimensional proximity theory. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
29. Legal Regime of Inventions Created by Artificial Intelligence.
- Author
-
Yurii Khodyko
- Subjects
INVENTIONS ,ARTIFICIAL intelligence ,PROCESS capability ,PATENT law ,TECHNOLOGICAL innovations ,PROPERTY rights ,CIVIL rights - Abstract
[Purpose] The purpose of this study is to examine the concept of artificial intelligence (AI) as an object of civil legal relations, with a specific focus on its status as an inventor. The study aims to define the characteristics of AI as an inventor, including its intangible nature, resemblance to the human brain, autonomy, data collection and processing capabilities, learning ability, and generation of novel results, particularly in the realm of inventions. [Methodology/Approach/Design] The research employs a range of methodologies, including functional and logical analysis, deduction, induction, synthesis, and dogmatic approaches. It highlights the need for legal regulation concerning AI as an inventor, with particular attention given to the legal regime surrounding inventions created by AI. [Findings] Based on the unique aspects of AI as an object of civil legal relations and its capacity to create inventions, the study proposes extending the existing legal and patent framework to address these relations with certain specificities. The conditions for patentability of AI-generated inventions should mirror those for human inventions, as they operate in the same technological field. [Practical Implications] It is not recommended to grant AI the status of a legal entity. Instead, the study suggests indicating in the patent that the invention was created with the assistance of a specific AI, without conferring personal non-property rights to AI itself. Property rights to inventions generated by AI should be legally assigned to the user of the AI, unless agreed upon differently by the parties involved. [Originality/Value] Given the advancements in AI technologies and their ability to create patentable inventions, there is an urgent need for comprehensive and effective legal regulation. Currently, such regulation is lacking at both the national and international levels, underscoring the significance and value of this study. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. Construction and application of the core competence course training system for infectious disease specialist nurses.
- Author
-
Wu, Chao, Zhang, Hongli, Lin, Yawei, Yuan, Weiyun, He, Jing, Li, Lu, Jiang, Donglei, Ji, Zhaohua, and Lang, Hongjuan
- Subjects
CORE competencies ,COMMUNICABLE diseases ,CONVENIENCE sampling (Statistics) ,NURSES ,PATENT law - Abstract
Objectives: This study aims to construct and apply a training course system which was scientific and comprehensive to foster the core competence of infectious disease specialist nurses. Design: A two-round Delphi consultation survey was carried out to collect feedback from experts on constructing the training course system of core competence for infectious disease specialist nurses. Besides, a non-randomized controlled experimental study was adopted to check the application effect of the courses. Methods: This study adopted a series of methods including group discussion, theoretical analysis and Delphi consultation to draft the training course content of core competence of infectious disease specialist nurses. Twenty-one Chinese experts were invited to participate in the Delphi consultation from November 2021 to December 2021. From October 2022 to January 2023, a total of 105 infectious disease specialist nurses from two training bases were selected by the convenience sampling method, of which the nurses in one training base were the control group and the nurses in the other training base were the observation group. The observation group was trained by the constructed core competence training course. Questionnaire evaluation was used to compare the core competence of infectious disease specialist nurses and the training effect. Results: The experts, regarded as the authorities on the subject, were highly motivated in this study. Besides, they reached a consensus on the results. The final training course system of core competence for infectious disease specialist nurses focused on 5 competence modules and was composed of 12 categories of courses with 66 classes and corresponding objectives. The core competence scores of the observation group were significantly higher than those in the control group after training (P < 0.05), which proved the training system can effectively enhance the core competence of infectious disease specialist nurses. Conclusions: The research methods embodied scientific and precise properties. The course system was comprehensive in content and reliable in results. It could serve as a reference for training infectious disease specialist nurses. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. MYTHS AND REALITY OF PATENT LAW AT THE SUPREME COURT.
- Author
-
GUGLIUZZA, PAUL R. and LEMLEY, MARK A.
- Subjects
- *
PATENT law , *JURISDICTION , *APPELLATE courts , *ACTIONS & defenses (Law) - Abstract
Over the past twenty years, patent cases have become a major component of the Supreme Court's shrinking docket. The Court's return to patent law after a long absence has inspired a rich literature theorizing about the Court's agenda and critiquing its decisions. Those analyses, though differing in their particulars, have given rise to numerous conventional wisdoms about the Supreme Court and patent law: that the Supreme Court distrusts the Federal Circuit (the specialized appellate court that has exclusive jurisdiction over patent cases), that the Court places far more trust in the Solicitor General (who represents the executive branch in Supreme Court litigation), and that, for better or worse, the Supreme Court is now a major institutional player in the patent system. But are those conventional wisdoms true? In this Article, we separate myth from reality by presenting a novel quantitative and qualitative study of all patent-related Supreme Court cases since 1982, the year the Federal Circuit began operating. Our study questions whether many of the patent cases decided by the Court have actually been important. Instead, we show that most of the Court's patent-related cases have involved issues far from the substantive core of patent law and are rarely cited by the Federal Circuit. Assessing the Court's impact on patent law, we argue, requires focusing on a small subset of decisions involving the core doctrines of patent validity and infringement. In those decisions, the Supreme Court has been surprisingly deferential to the Federal Circuit. The cases in which the Federal Circuit has performed poorly (at least in the eyes of the Supreme Court) cluster around issues of jurisdiction, procedure, and remedies. We also identify specific types of patent-related cases in which the Solicitor General wins far less frequently than usual. Testing other patent "myths," we find support for the notions that the Supreme Court prefers malleable standards over bright-line rules and that the Supreme Court is less favorable for patent owners than the Federal Circuit. But we also find that Justice Breyer, often cited as the force behind the Court's growing patent docket, did not have an abnormally large influence over patent law. Similarly, specialist Supreme Court litigators, though increasingly involved in patent cases, don't seem to fare any better (or worse) than other lawyers in patent cases. In brief, our findings confirm some conventional wisdoms about the Supreme Court and patent law, disprove others, and offer a glimpse of patent law's future. [ABSTRACT FROM AUTHOR]
- Published
- 2024
32. THE “CEREMONIAL USE” DEFENSE TO INFRINGEMENT OF PSYCHEDELIC PATENTS.
- Author
-
Tahdooahnippah, Forrest
- Subjects
- *
PATENT infringement , *HALLUCINOGENIC drugs , *SUBSTANCE-induced disorders , *PATENT law , *DRUG synthesis - Abstract
A psychedelic “renaissance” has led to renewed interest in the medical uses of psychedelics, particularly to assist in treatment of substance use disorders. This “renaissance” has included attempts to patent methods of using or synthesizing psychedelics. Long before this “renaissance,” however, indigenous peoples of the Americas used psychedelic plants in their religious rites, including using psychedelic plants to treat substance abuse disorders such as alcoholism. Therefore, indigenous peoples have raised concerns that the recent trend of patenting psychedelics will lead to the patenting of their traditional knowledge and impede their free exercise of religion. A current proposed solution to address such concerns is to create traditional knowledge repositories. Such repositories prevent the patenting of traditional knowledge that qualifies as “prior art” under the patent laws. However, due to the secret nature of religious ceremonies and oral transmission of religious instruction, prior indigenous uses of psychedelics may not qualify as “prior art.” Moreover, market forces may compel indigenous communities to substitute patented varieties of psychedelics for traditional varieties. Accordingly, a “ceremonial use” defense should also be recognized to provide a defense to patent infringement claims for indigenous communities and their members. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. PERSONALIZING PATENT LAW WITH SOCIAL CREDIT DATA.
- Author
-
Guan, Taorui
- Subjects
- *
PATENT law , *SOCIAL systems , *MASS surveillance , *JUSTICE administration , *CIVIL rights - Abstract
In the era of digitization, data has become a pivotal force driving advancements across various sectors and transforming legal systems worldwide. China, in particular, is exploring new data-driven governance models. A prime example of this is its integration of the patent system with the Social Credit System (SCS). This paper aims to fill the void in theoretical research on this subject, moving beyond the prevalent narrative of the SCS as either a tool of state surveillance or a reputation-based regulatory mechanism. Instead, it introduces the concept of personalized law in the context of China's patent system. The paper suggests that the integration of social credit data within China's patent law system aligns the system's operations more closely with its objectives. This offers a personalized approach that provides individual market entities with tailored incentives based on their unique characteristics. To analyze this approach, the paper proposes a novel four-part analytical framework: profiling, personalization, communication, and adjustment. The paper then applies this framework to the two core mechanisms that result from the integration of the patent system with the SCS: the Reward and Punishment Mechanism and the Tiered Regulation Mechanism. This analysis reveals that these mechanisms are still in the stage of crude personalization and grapples with challenges such as narrow data scope, lack of transparency, and over-penalization. The paper discusses two implications of personalized law reform: the redistribution of power toward administrative bodies--which necessitates a rebalancing of powers to avoid abuse and protect individual rights--and the possible expansion of the law's functions--which might not align with existing normative theories and might have unintended consequences. The process of personalization requires scholars and policymakers to adapt and refine these theories as well as to identify and eliminate unintended consequences. [ABSTRACT FROM AUTHOR]
- Published
- 2024
34. THE BROKEN BALANCE: HOW "BUILT-IN APPORTIONMENT" AND THE FAILURE TO APPLY DAUBERT HAVE DISTORTED PATENT INFRINGEMENT DAMAGES.
- Author
-
Lee, William F. and Lemley, Mark A.
- Subjects
- *
DAUBERT v. Merrell Dow Pharmaceuticals Inc. , *NONPRACTICING entities (Patent law) , *PATENT law , *VALUE capture , *DAMAGES (Law) ,FEDERAL Rules of Evidence (U.S.) - Abstract
The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, patentees are granted exclusive rights to that invention for a period of time. This ensures that patentees are adequately compensated for their innovation and society at large benefits from the patent's disclosure. This balance is now broken. Over recent years, patentees -- particularly non-practicing entities -- have been permitted to seek and recover unreasonable damages that stretch far beyond the value of the technology they invented. This has had serious and negative consequences: excessive patent damages discourage innovation, increase risk and cost of production, and, in turn, increase the cost of products to consumers. Patent law has a solution to this broken balance: apportionment. This principle, which dates back to the nineteenth century, holds that damages must be limited to the value of just the patented invention and cannot capture the value of other features or technology. When applied as intended, apportionment ensures the patent balance -- patentees recover the value of what they invented but no more. But therein lies the problem: in recent years, many courts have been backsliding from the principle of apportionment. First, some courts have permitted plaintiffs to rely on "built-in apportionment" to bypass apportionment entirely. Second, some courts have failed to properly apply Daubert and Federal Rule of Evidence 702 to exclude unreliable apportionment theories, particularly where experts purport to use regressions or conjoint survey analysis. The Federal Circuit and district courts should take action to correct the skewed balance caused by improper application of apportionment law. The Federal Circuit should end the "built-in apportionment" exception to apportionment and district courts should do the hard work at the Daubert stage of ensuring that apportionment is effective and reliable. Inventors, businesses, and the balance upon which the patent system was built depend on it. [ABSTRACT FROM AUTHOR]
- Published
- 2024
35. REVISITING THE FEDERAL CIRCUIT EN BANC.
- Author
-
Vacca, Ryan
- Subjects
- *
AMERICAN law , *FEDERAL judges , *APPELLATE courts , *COURT records , *PATENTS , *PATENT law - Abstract
The United States Court of Appeals for the Federal Circuit ("Federal Circuit") holds exclusive jurisdiction over patent appeals and plays a vital role in shaping patent law and policy in the United States. Since its inception in 1982, the Federal Circuit has used en banc review as a crucial method to develop patent law and policy. Until recently, the court had been a model for en banc review by frequently hearing patent cases en banc, addressing important questions for a wide range of stakeholders in the patent system, and freely inviting amici to participate in the en banc process. Through this approach, the Federal Circuit positioned itself as an effective steward of patent law. However, in 2018, the Federal Circuit suddenly, and without explanation, abandoned en banc review in patent cases. This abrupt departure from the court's prior practices raises important questions about the cause of this en banc retrenchment and demands a critical evaluation of its implications on the evolution of patent law, the Federal Circuit's role as a steward of patent law, and the impact on patent system stakeholders. This Article documents the court's historical and current en banc practices and examines the potential causes behind the Federal Circuit's retreat from en banc review in patent cases. Notable developments in the law and institutions governing patent law and policy, such as the passage of the America Invents Act and its creation of the Patent Trial and Appeal Board, increased interest in patent law by Congress and the U.S. Supreme Court, and the unprecedented turnover of Federal Circuit judges may have contributed to this significant shift in en banc review. Moreover, this Article evaluates the need for the court to revive its previous en banc practices to ensure an effective and consistent patent law landscape and to effectively guide patent stakeholders. [ABSTRACT FROM AUTHOR]
- Published
- 2024
36. UNCREATIVE DESIGNS.
- Author
-
BURSTEIN, SARAH
- Subjects
- *
PATENTS , *COPYRIGHT , *OBVIOUSNESS (Patent law) , *PATENT law , *APPELLATE courts - Abstract
It is often said that the standards for patent protection are higher than the standards for copyright protection. Specifically, commentators assert that the copyright requirement of originality is easier to satisfy than the patent requirements of novelty and nonobviousness. And yet, the USPTO regularly grants patents for designs that fall below the low standard of copyright originality set by the Supreme Court in Feist v. Rural. Some may suggest that the existence of these "sub-Feist" design patents is a result of the USPTO abandoning its duty to scrutinize design patent applications. Or they may suggest that it is a result of the Federal Circuit making it more difficult to invalidate designs as anticipated or obvious. This Article argues that sub-Feist designs exist because the standard for "originality" (at least, in the sense of "minimal creativity") is not really "lower" than novelty or nonobviousness--it's just different. This has implications for how we think about the law and theory of copyright and patents as well as specific implications for design patent law and practice. Importantly, this suggests that we should take the word "original"--which is also an explicit statutory requirement for design patents--seriously. We should not assume that a design that qualifies, under the Patent Act, as "novel" and "nonobvious" is also "original" under the Feist standard. And if, as the Supreme Court has held, the Feist originality standard is a requirement of the Progress Clause, we should not let applicants use design patents to evade that requirement. [ABSTRACT FROM AUTHOR]
- Published
- 2024
37. THE MORE THINGS CHANGE: IN MEMORY OF DMITRY KARSHTEDT.
- Author
-
Vertinsky, Liza
- Subjects
PATENT law ,PATIENT decision making ,SCHOLARLY method ,PHARMACEUTICAL policy ,JUDGES - Abstract
Policy debates at the intersection of patent law and pharmaceutical innovation have become increasingly polarized, often ending in a stalemate between seemingly incompatible goals of pharmaceutical innovation and access. Professor Karshtedt’s body of work at this intersection navigates the partisan divide by carefully probing the assumptions and practices of patenting in pharmaceutical markets to identify opportunities for incremental improvement in both innovation and access. His Article The More Things Change: Improvement Patents, Drug Modifications, and the FDA exemplifies this approach, identifying an opportunity to nudge private sector incentives to innovate into closer alignment with public health gains through modest regulatory interventions.1 In doing so, the Article offers a pathway through policy intransigence by offering a market-incentive based rationale for expanded agency authority, focusing on what should be a shared goal of improving the decision making of patients, prescribers and payors. The impact of Professor Karshtedt’s work stems not only from the insights in articles like The More Things Change, but also from the standards he set for himself as a scholar. Professor Karshtedt’s work exemplifies the kind of thoughtfulness, analytical precision, and willingness to pursue a line of inquiry with patience, persistence, and intellectual intensity to which we should all aspire. His approach to patent law draws from both law and science, from experience working in a startup company, a law firm, working for a judge, and within a law school, and from the perspectives of a patent holder, a patent practitioner, and a patent scholar. Perhaps most importantly, both in his work and in his intellectual life Professor Karshtedt was always in thoughtful conversation with people and ideas around him. This essay is both a tribute to Professor Karshtedt’s work and an invitation to draw lessons from his approach to scholarship and to building academic community that may serve well in navigating contested terrains such as the current debates at the intersection of patent law and pharmaceutical policy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
38. REMEMBERING DR. DMITRY KARSHTEDT AS A SCHOLAR AND FRIEND.
- Author
-
Anderson, J. Jonas, Seymore, Sean B., and Holbrook, Timothy R.
- Subjects
INVENTIONS ,PATENTABILITY ,ASPIRATORS ,PATENT law ,CONSTRUCTION laws ,LEGAL education ,SCHOLARS - Abstract
This article published in the Northwestern Journal of Technology & Intellectual Property pays tribute to the late Professor Dmitry Karshtedt, a renowned patent law scholar. The authors discuss the impact of Professor Karshtedt's scholarship on patent law, particularly in areas such as patent enablement, patent infringement, and nonobviousness. They also reflect on their personal friendship with Professor Karshtedt and his qualities as a dedicated teacher and intellectual. The article explores various legal sources and discussions on patent law, including the written description requirement, the purpose of patents, the unpredictability of research in fields like chemistry and biotechnology, building blocks in patent law, the relationship between patent law and tort law, divided infringement, and the doctrine of nonobviousness. The authors propose alternative approaches to determining liability in multi-party infringement situations and suggest a new framework for classifying evidence in patent law. Overall, the article praises Professor Karshtedt's contributions to patent law scholarship and highlights his personal qualities. [Extracted from the article]
- Published
- 2024
39. INNOVATOR, SCHOLAR, FRIEND: REMEMBERING DMITRY KARSHTEDT.
- Author
-
Pedraza-Fariña, Laura and Schwartz, David L.
- Subjects
CAREER development ,PATENT law ,LAW students ,EDUCATORS ,SCHOLARS - Abstract
This article is a tribute to Dmitry Karshtedt, a highly accomplished academic and legal scholar who passed away in 2022. Born in Russia and later immigrating to the United States, Dmitry excelled in his academic pursuits, earning degrees from prestigious institutions such as Harvard, UC Berkeley, and Stanford. He made significant contributions to the fields of chemistry and patent law, co-inventing twelve patents and writing influential articles on topics such as biotech and pharmaceutical patents. Dmitry was not only known for his professional achievements but also for his warmth, intellect, and ability to connect with others. This special issue of the Northwestern Journal of Technology and Intellectual Property serves as a celebration of Dmitry's legacy and the impact he had on the academic community. [Extracted from the article]
- Published
- 2024
40. FROM RUSSIA WITH LOVE DMITRY KARSHTEDT’S PATH TO PATENTS.
- Author
-
Torrance, Andrew W.
- Subjects
LAW students ,PATENTS ,PATENT law ,BUSINESS schools ,GIFTED children - Abstract
This article explores the life and career of Dmitry Karshtedt, a law professor specializing in patent law. It discusses his academic journey, from his undergraduate studies at Harvard College to his work as an industry chemist and his time at Stanford Law School. The article also touches on his experiences growing up in the Soviet Union and his eventual emigration to the United States. It provides insight into Karshtedt's intellectual development and his contributions to the field of patent law. The text is a memorial essay that highlights Dmitry's multitalented nature, his understanding of different cultures, and his commitment to intellectual exploration. [Extracted from the article]
- Published
- 2024
41. CAN UTILITY DOCTRINE RESURRECT THE GENUS CLAIM?
- Author
-
Siebrasse, Norman
- Subjects
INVENTIONS ,PATENT offices ,COMPARATIVE law ,EUROPEAN law ,PATENT law ,INCANDESCENT lamps - Abstract
The article explores the current state of U.S. patent law regarding genus claims and proposes alternative approaches to address the issue of overbroad claims. The authors argue that a genus claim should be valid if some species within it can work without undue effort, while a commenter suggests adopting a utility-based approach similar to Canadian and European law. The text discusses the concept of improper generalization in patent law and compares the approaches to claim scope in different jurisdictions. It also introduces the concept of plausibility doctrine and its application in European and Canadian patent law. The utility-based approach is seen as a potential solution to control claim scope and address overbreadth. [Extracted from the article]
- Published
- 2024
42. Looking at Patent Law: Patenting an Invention for Electroreduction of Carbon Dioxide and Electrooxidation of Hydrocarbons: A Case Study...Procedure for Continuing Prosecution of a Patent Application After Final Rejection...
- Author
-
Taylor, E. Jennings and Inman, Maria
- Subjects
- *
PATENT applications , *PATENT law , *CARBON dioxide , *PATENT offices , *INVENTIONS , *PLATINUM nanoparticles , *ELECTROLYTIC reduction , *CARBON dioxide reduction - Abstract
This article presents a case study of a patented invention for an electrochemical cell that can reduce carbon dioxide and oxidize hydrocarbons. The invention was developed by Dr. Gerardine G. Botte, a professor at Texas Tech University, and aligns with sustainability research interests. The article discusses the prosecution history of the patent application and the use of a Request for Continued Examination (RCE) to continue the application after a final rejection. It provides a detailed description of the invention and its background, as well as the patent applications associated with it. The case study aims to help scientists, engineers, and technologists understand the patent prosecution process. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
43. AN ALTERNATIVE MODELING OF THE INNOVATIVE POTENTIAL OF COMPANIES.
- Author
-
Vasyurenko, Larysa, Manukhina, Marta, Melnik, Maryna, Sieriebriak, Kseniia, Tatsii, Inna, and Serikova, Olga
- Subjects
RESEARCH personnel ,ECONOMIC development ,PATENT law - Abstract
Modern economic conditions require the testing and introduction of new methods to find ways to achieve a prolonged effect in terms of ownership and investment attractiveness. The purpose of the article is to develop theoretical and methodological tasks regarding ways to maximize the investment attractiveness of companies, using external search information about the state of innovation potential of companies with different levels of economic development and the selection of logically justified descriptors of influence. We have defined the principles of the author's concept - Unified concept of building innovation potential - (UKDIP), the essence of which is to find unified ways to increase the innovative potential of business entities, at the expense of descriptors of the state of the innovation sector (gross domestic expenditure on R&D, the number of researchers, the number of government researchers, number of triadic patent families). We confirmed the relationship between the meta-factors of innovation using the foundations of the implicit theory. Using the clustering method, we have formed 4 latent clusters with varying degrees of investment attractiveness. The approach defined by us can serve as one of the options for effective methods of researching the influence of factors that contribute to the growth of the innovative potential of individual companies and, consequently, the national economy as a whole. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
44. Patent Law's Externality Asymmetry
- Author
-
Lee, Peter
- Subjects
patent law ,intellectual property ,externalities ,spillovers ,law and economics ,Demsetz ,Facebook ,filter bubble ,autonomous vehicles ,AI ,automation ,predictive policing ,property rights in land ,tragedy of the commons ,transaction costs ,nuisance ,efficiency - Published
- 2022
45. "Whoever Invents or Discovers": Artificial Intelligence and the Case for Joint Inventorship.
- Author
-
Littleford, Seth F.
- Subjects
- *
PATENT offices , *PATENT law , *PATENT applications , *TECHNOLOGICAL innovations , *ARTIFICIAL intelligence - Abstract
Artificial intelligence (AI) is increasingly important in the modern world. Given its fidelity to -- and, in some cases, its surpassing of--human performance, people rely upon AI in myriad settings. The AI era is already here, and the technological advancements to come are even more mind-boggling. The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent applications claiming inventions pertaining to AI, but how does the patent system handle when AI invents? The U.S. Court of Appeals for the Federal Circuit recently held in Thaler v. Vidal that the Patent Act requires inventors listed on patent applications to be natural persons; that is, human beings. The court concluded that the statutory text unambiguously and directly answered the AI inventorship question: "[O]nly a natural person can be an inventor, so AI cannot be." Though the court correctly interpreted the statutory text, the current legislative framework is insufficient to handle the rise of AI inventorship. Maintaining the status quo by limiting inventorship to humans creates an ethical dilemma for patentees, deprives the public of innovation, and defeats the purposes and policies of patent law. Though previous scholars have proposed granting AI plenary inventorship, they have failed to address important issues that arise under such an expansive legislative overhaul including patent ownership and the inventor's declaration requirements. In this Note, I propose a more limited form of AI inventorship that solves these issues: Congress should broaden the Patent Act, amending it to allow artificial intelligence to be a joint inventor. I analyze how such an amendment allowing joint AI inventorship is constitutional and within Congress's authority pursuant to Article I, Section 8, Clause 8 of the United States Constitution. I also argue that my unique hybrid approach solves the current ethical dilemma and furthers the purposes of patent law by promoting "the Progress of Science and useful Arts." [ABSTRACT FROM AUTHOR]
- Published
- 2024
46. CAN CHATGPT KEEP A SECRET? AN EVALUATION OF THE APPLICABILITY AND SUITABILITY OF TRADE SECRECY PROTECTION FOR AI-GENERATED INVENTIONS.
- Author
-
CAMPANELLI, GINA L.
- Subjects
- *
CHATGPT , *TRADE secrets , *GENERATIVE artificial intelligence , *COPYRIGHT , *PATENT law - Abstract
The rising popularity of generative artificial intelligence has sparked questions around whether AI-generated inventions and works can be protected under current intellectual property regimes, and if so, how. Guidance from the U.S. Copyright Office and recent court cases shed some light on the applicability of copyright and patent protection to AI-generated products; namely "authors" and "inventors" are limited to natural persons. But further developments in copyright and patent law are still lagging behind generative-AI's rapid growth. Trade secrecy emerges as the most viable path forward to protect AI-generated works and inventions because ownership of trade secrets is not limited to natural persons. But trade secrecy has its drawbacks too, primarily inadequate protection outside of misappropriation. Further, trade secrecy precludes disclosure, which hinders greater scientific development and progress. This Note examines the suitability and applicability of copyright, patent, and trade secret protection for AI-generated outputs and proposes alternative protection schemes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
47. STRATEGIES AND IMPACTS OF FINANCING TECHNOLOGY TRANSFER ENTITIES: A MULTIFACETED APPROACH.
- Author
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Alina, BABA
- Subjects
- *
TECHNOLOGY transfer , *TECHNOLOGICAL innovations , *BUSINESS revenue , *PATENT licenses , *FINANCIAL security , *GOVERNMENT aid , *PATENT law - Abstract
The article investigates the impact of various funding sources on Technology Transfer Entities (TTEs), including government support, private sector investments, grants, and European funds. It emphasizes the crucial role these financial mechanisms play in enabling TTEs to bridge the gap between academic research and commercial application. By analyzing the influence of government funding, the significance of licensing and patent revenues, and the benefits of private and European investments, the article demonstrates how these resources assist TTEs in achieving financial stability, fostering innovation commercialization, and navigating the market. It also highlights the importance of aligning TTEs' goals with broader societal and economic objectives. Through case studies, the research illustrates the essential need for a diverse funding strategy and effective management for TTEs to optimize their contribution to the technological innovation ecosystem, economic growth, and societal well-being. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
48. Access to Justice for Black Inventors.
- Author
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Goodman, Jordana R. and Patterson, Khamal
- Subjects
- *
BLACK inventors , *PATENTS , *PATENT examiners , *EXPERIMENTS , *COMMUNICATION barriers , *PATENT law - Abstract
To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This process is far from objective. An inventor is not always communicating within their own social circle. An inventor is required to communicate their invention so that a patent examiner believes a person having ordinary skill in the art ("PHOSITA") would recognize the invention as nonobvious. Moreover, a fictitious skilled person must be able to make and use the described invention without undue experimentation, and a patent examiner will judge whether the patent application's written description has met this standard. Many inventors choose to navigate this difficult communication path with the help of a patent practitioner; this can either help to ease or exacerbate communication obstacles between examiners and inventors. As shown in this Article, the largely homogenous patent gatekeepers--practitioners and examiners--erect communication barriers to entry for inventors from underrepresented minority groups. Inventors must ensure the majority-group-based practitioners and examiners recognize valuable distinctions of the invention over current technology and understand how to use the new invention without undue experimentation. When the patent practitioner and examiner communities do not share the same primary cultural experience as an inventor or an invention's expected users, this hurdle compounds. Some inventors are disproportionately burdened when describing their invention; some must supplement the practitioners' and examiners' lack of systemic cultural capital more than others. Through a case study of Black hair-care patents, this Article adds to the literature by highlighting hermeneutical injustices for Black inventors through a cultural-capital lens. This Article is the first in a series of papers showing how the majority-culture bias in patent law and the lack of resources to bridge minority- and majority-group-derived cultural-capital gaps disparately affect those inventing in minority-group cultural spaces. The cultural gap between minority-group inventors and patent practitioners, nearly all of whom are majority group, leads to inadequate and unequal representation and decisionmaking. This Article calls upon the United States Patent and Trademark Office ("USPTO"), patent attorneys, and academics to create a more equitable patent system by altering patent practice, legal education, and ethics rules. [ABSTRACT FROM AUTHOR]
- Published
- 2024
49. Intellectual Property Rights for Software, Artificial Intelligence and Computer Related Inventions: A Comparative Analysis.
- Author
-
Khan, Faham Ahmed
- Abstract
The growth of digital technology has been one of the highlights of the 21st century. This has led to the growth of the development of new Software and Computer-Related Inventions (CRIs). The grant of Intellectual Property Rights protection to these inventions has been questionable since they have been explicitly excluded from IP protection statutes across the world. However, as time progresses, legislatures across the world have been under pressure to provide some sort of protection to such inventions. This has resulted in amendment of laws and a criterion has been devised to protect CRIs and software. The approach adopted towards the same varies from country to country. Moreover, there has also been a rise of inventions generated using Artificial Intelligence (AI). AI has made the process of invention much easier since the mental element is taken care of by the AI. However, questions are raised regarding the grant of IP protection to such inventions for the lack of an inventive step. The paper analyses the scope of protection granted to Software and CRI across different legal systems in the world. It also explores the possibility of the application of these principles to AI or the modification of existing principles to allow for the patentability of AI. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. THE SINKING SHIP OF THE HATCH-WAXMAN ACT "SAFE HARBOR" PATENT INFRINGEMENT DEFENSE: AN ARGUMENT FOR INCLUDING RESEARCH TOOLS.
- Author
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Sullivan, Kalen
- Subjects
INVENTORS ,SAFE harbor ,PATENT infringement ,PATENT law ,DRUG prices ,GOVERNMENT policy ,CIVIL defense - Abstract
Patents incentivize the disclosure of novel technology by granting the inventor the right to exclude others from the production, use, import, or sale of their invention for a limited time. When considered in the context of medical devices and pharmaceutical drug therapies, patent exclusivity implicates patient and societal health and wellness. Amidst the rise in drug prices, the Drug Price Competition and Patent Term Restoration Act of 1984, commonly referred to as the Hatch-Waxman Act, addressed the seemingly competing interests of incentivizing medical innovation through patent protection and lowering consumer drug prices by increasing access to generic drug products. Congress bridged this divide, in part, by establishing a new statutory scheme aimed at resolving two unintended distortions in an invention's patent term. The Hatch-Waxman Act altered the patent law landscape by providing the first legislative exemption to patent infringement, known as the "Safe Harbor." Generally, for the Safe Harbor infringement exemption to shield an otherwise infringing activity, the "patented invention" must be used for specific purposes of creating information required under a federal law regulating the manufacture, use, or sale of drugs. But what are the types of "patented inventions" that Congress envisioned? Did Congress intend the scope of Safe Harbor's "patented invention" clause to exclusively encompass inventions subject to regulatory approvals, like drugs, or did the clause encompass a broader, more general collection of patented research technology, like a fluorescent tagged antibody? This note argues that the term "patent invention" should be interpreted broadly, to include research tools that are not themselves subject to federal regulatory approval. First, principles of statutory interpretation support the plain reading of the Safe Harbor provision to include research tools and weigh against reading unfounded restrictions into the provision's terms. Second, endorsement of this broad interpretation is checked by the Safe Harbor's additional requirement that the unauthorized use of the "patented invention" be solely for uses reasonably related to the creation of information required under federal law regulating drugs. And, ultimately, public policy favors lowering drug prices by increasing the number of competitive drugs in the marketplace, which would be facilitated by opening research tools to the statutory protections afforded by the Safe Harbor. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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