Sep 1, 2020 | Article, Intellectual Property, Karen E. Sandrik, Patent Law
By Karen E. Sandrik Abstract Patent law has a problem. Its foundation rests on the principle that a patent will clearly define its boundaries through its claims—the metes and bounds—yet the very standard for defining the boundaries is unclear. In 2014, the Supreme...
Sep 1, 2013 | Andrew Chin, Article, Patent Law
By Andrew Chin Abstract The Federal Circuit has suggested in some recent cases that any algorithm can serve as adequate structural support for a means-plus-function element in a software patent claim under § 112(f). A recent proposal by Mark Lemley fully endorses this...
Sep 1, 2013 | Article, John M. Golden, Patent Law
By John M. Golden Abstract By many measures, the United States Patent and Trademark Office (USPTO) is no bureaucratic bantam. The USPTO compares well in size and budget to the Securities and Exchange Commission (SEC), which is commonly recognized to be a...
Sep 1, 2013 | Article, Patent Law, Thomas G. Hungar
By Thomas G. Hungar and Rajiv Mohan Abstract For much of its existence, the Federal Circuit was largely left alone to chart the evolution of patent law, with little or no effective review by the Supreme Court. But as many commentators have noted, that era of relative...
Sep 1, 2013 | Article, Patent Law, Simone Rose
By Simone Rose Abstract Economists are unable to provide a clear answer to how effective the patent system is in encouraging innovation. At best, they point to certain sectors, such as pharmaceutical and biotechnology, which benefit from a robust patent scheme....
Sep 1, 2013 | Article, David O. Taylor, Patent Law
By David O. Taylor Abstract In recent years law professors have unleashed withering criticism on the United States Court of Appeals for the Federal Circuit for overlooking the value of policy-guided analyses of patent law and instead engaging in formalistic parsing of...
Mar 1, 2013 | Article, Patent Law
By Janet Freilich Abstract Contrary to popular perception, generic drugs often enter the market before the patents covering their brand name counterparts have expired by making slight changes to the drug to avoid the brand name patent. These generics face a paradox:...
