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Showing posts with label 112. Show all posts
Showing posts with label 112. Show all posts
Tuesday, June 18, 2019

Freilich & Ouellette: USPTO should require prophetic examples to be clearly labeled to avoid confusion

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Professor Janet Freilich (Fordham Law) has a fantastic forthcoming law review article, Prophetic Patents , which puts a spotlight on the co...
Tuesday, March 6, 2018

The Quest to Patent Perpetual Motion

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Those familiar with my work will know that I am a big fan of utility doctrine. I think it is underused and misunderstood. When I teach abo...
Friday, August 28, 2015

Dow v. NOVA: Maybe Nautilus Does Matter

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In June 2014, the Supreme Court held in Nautilus v. Biosig that the Federal Circuit's "insolubly ambiguous" test for indefini...
Tuesday, June 16, 2015

The Past and Future of Functional Claiming...

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As Lisa predicted a couple weeks ago , the Federal Circuit issued a new en banc (11-1) opinion today in Williamson v. Citrix without argume...
Friday, June 5, 2015

Case watch: Is the Federal Circuit revising functional claiming rules in Williamson v. Citrix?

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Last November, the Federal Circuit panel opinion in Williamson v. Citrix held that the district court erroneously construed the limitation ...
Saturday, March 21, 2015

How Courts Adjudicate Patent Definiteness and Disclosure

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John Allison has done some great empirical work on patent litigation, including a recent project with Mark Lemley and David Schwartz on all ...
Thursday, November 15, 2012

Patent Publication & Default Rules

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Economists from the USPTO (Chief Economist Stuart Graham and former visiting scholar Deepak Hegde ) recently posted a new paper to SSRN:  D...
Tuesday, June 5, 2012

Michael Burstein: Exchanging Information without Intellectual Property

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Are intellectual property rights necessary for robust innovation? In his article, Exchanging Information Without Intellectual Property (for...
Tuesday, April 19, 2011

Are Biotech Patents Enabled?

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Stanford 3L Dmitry Karshtedt, who has guest posted on this blog , has a new post on Stanford's Law and Biosciences Blog about biologics...
Wednesday, March 23, 2011

Do Patents Disclose Useful Information?

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I recently uploaded a revised draft of my current working paper,  Do Patents Disclose Useful Information? , on SSRN. I am grateful for all t...
Monday, March 21, 2011

Tim Holbrook: Can presumptions save patents' technical nature?

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Are patents legal documents or part of the technical literature? Both, but the balance is currently skewed, says Professor Timothy Holbrook ...
Tuesday, February 15, 2011

Oskar Liivak: Cult of the Claim

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Does the often-used term "invention" have "zero substantive impact" in patent law? This is Professor Oskar Liivak's ...
Tuesday, February 8, 2011

Sean Seymore on Novelty and Disclosure

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Coming to patent law from physics, I have been interested in patent doctrines that seem crazy when I try to explain them to my physics frien...