The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of patents ought to be restricted to that of technology. This ambiguity is exacerbated by the difficulties faced by lawmakers in defining technology; and it confounds contemporary...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...

In 2004, John Allison, Mark Lemley, Kimberly Moore, and Derek Trunkey published an article, Valuable Patents, reporting the results of the most comprehensive study ever done comparing various characteristics of patents that ended up in infringement litigation with patents that had not been...

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...

A new one-credit course on IP and patent application drafting was offered at Auburn University jointly by the authors in spring 2009. The course started with a target of 15 students. Within 1 week of its announcement, the course was oversubscribed; the class was filled within a week of its...

This paper provides new evidence about the budgetary consequences - for patent offices - of the coexistence of the forthcoming Unitary Patent (UP) with the current European Patent (EP). Simulation results illustrate a dilemma between high UP renewal fees to ensure enough financial income for all...

For more than 40 years, governments and professional associations have acted, voted or lobbied against the implementation of the Community Patent (COMPAT). The econometric results and simulations presented in this paper suggest that, thanks to its attractiveness in terms of market size and a...

This paper argues that the consequences of the ‘fragmentation’ of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. First, detailed analysis of judicial systems in several European countries and four case...

Prices for pharmaceutical products over the last 10 years have skyrocketed, increasing far more rapidly than the general cost of living. This article argues there should be greater competition for the production of follow-on drugs through the strengthening of the double patenting prohibition:...

The Federal Circuit recently has issued inconsistent rulings in three pharmaceutical cases on whether unexpected properties of a compound becoming known after the patent application can support a conclusion of non-obviousness. The Supreme Court has the opportunity to provide additional guidance...