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As commonly understood, the U.S. patent system is a utilitarian regime that employs exclusive rights and market incentives to promote technological progress. Unlike international and foreign regimes, the domestic patent system less explicitly addresses non-utilitarian issues such as access,...
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Patents on biomedical research tools - technological inputs to experimentation - may inhibit scientific inquiry and the development of life-enhancing therapies. Various "public law" approaches to address this challenge, such as a common law experimental use exception to patent infringement, have...
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This Note applies the concept of "paradigm shifts" from the history and philosophy of science to describe how patents on biomedical research tools - inputs to basic research - can create conditions conducive to fundamental advances in scientific theory. Patents on research tools can prevent...
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How should property rights be allocated when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good-faith improver may take title to such improved property, subject to compensating the original owner for the value of the...
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As a key driver of innovation and economic growth, university-industry technology transfer has attracted significant attention. Formal technology transfer, which encompasses patenting and licensing university inventions, is often characterized as proceeding according to market principles....
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