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Torrance, Andrew W. - 2008

Patent protection for genetic enhancements would tend to spur genetic innovation, but would tend to limit access to those genetic enhancements through discriminatory mechanisms such as price and favoritism. The patent system would likely ensure high rates of genetic enhancement innovation,...

Persistent link: https://www.econbiz.de/10014212948

Beauty Fades : An Experimental Study of Federal Court Design Patent Aesthetics

Torrance, Andrew W. - 2020

Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be...

Persistent link: https://www.econbiz.de/10014165060

Article III Standing vs. Covenant Not to Sue : Rather than Take Its Action to the Patent and Trademark Office, Already, LLC Petitions the Supreme Court to 'Just Do It'

Downing, William - 2013

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

Persistent link: https://www.econbiz.de/10013085735

Neurobiology and Patenting Thought

Torrance, Andrew W. - 2014

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

Persistent link: https://www.econbiz.de/10013070323

Biotechnology Patent Law Top Ten of 2021 Experimentation, Blaze Marks, and Unspecified Ranges

Noonan, Kevin; Torrance, Andrew W. - 2023

Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents...

Persistent link: https://www.econbiz.de/10014255494

Beyond Patents : Protecting Drugs Through Regulatory Laws

Ho, Cynthia M. - 2015

Although patents are the prototypical type of protection that most people consider applicable to protecting drugs, patents are just the most-established and well-known method available to protect drugs from competition. However, there are other types of mechanisms in regulatory laws that provide...

Persistent link: https://www.econbiz.de/10014177280

Patent Pools : Licensing Strategies in the Absence of Regulation

Lampe, Ryan; Moser, Petra - 2012

regulation - pools may not choose to license their technologies. Eleven of 20 pools that formed between 1930 and 1938 did not …

Persistent link: https://www.econbiz.de/10014040874

Regulating Innovation : Competition Policy and Patent Law under Uncertainty

Manne, Geoffrey A.; Wright, Joshua D. - 2013

regulation, innovation, and economic growth, the process of innovation itself is not well understood. The regulation of … relationship between regulation - both through competition policy and patent law - and innovation, and the corresponding … uncertainty caused by this absence of knowledge. The relationship between regulation and innovation has posed a significant …

Persistent link: https://www.econbiz.de/10014046279

From Forest Group to the America Invents Act : False Patent Marking Comes Full Circle

Stephens, Nicholas W. - 2013

Section 292 of the Patent Act forbids the false marking of unpatented or infringing articles with the type of marks usually used by patentees to provide public notice of their patented inventions. Prior to the recent enactment of patent reform, the statute provided a rare qui tam enforcement...

Persistent link: https://www.econbiz.de/10014183263

Inventing Invention : A Case Study of Legal Innovation

Duffy, John F. - 2009

At the beginning of the nineteenth century, all countries having patent systems required patentable inventions to be both new and useful. Now those two fundamental requirements have been joined by a third: Patentable inventions must also be nonobvious. The nonobviousness requirement is...

Persistent link: https://www.econbiz.de/10014220757