various conceptions of the public domain in order to build a more robust theoretical toolkit for investigating patent law … decidedly critical race feminist approach to the theorizing of the public domain and patent law. To support this new conception …, the Article also discusses qualitative research findings from recent fieldwork in South Africa around issues of patent law …

copyright, patent and 'freedom of expression,' such as 'dichotomies' of the 'expression/idea,' 'aesthetics/utility,' 'invention … patent law and 'method' in free speech law are confusing, which appears more obtrusive in cases related to modern scientific …

Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a … copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly or indirectly. But patent … infringement requires only that the defendant's product falls within the scope of the patent claims. Not only doesn't the defendant …

antitrust law, or a copyright or patent owner under intellectual property law - should be subject only to a liability rule of … reverse doctrine of equivalents in patent law and the Feist originality doctrine in copyright law have not yet been applied in …

patent law where policymakers have expanded protection without concomitantly evaluating the impact of that move on follow …-on innovation. The traditional assumption that patentees will efficiently license their inventions is breaking down as market … failures are becoming endemic. Dean O'Rourke argues that to ensure that patent law achieves its constitutional goals, it shuld …

Since the Federal Circuit’s 2007 In re Bilski decision and the Supreme Court’s 2008 Bilski v. Kappos decision, patent … law’s subject-matter eligibility standard under 35 U.S.C. § 101 has been uncertain. This paper posits patent law's patent …. Somewhat analogous to copyright law, it also presents a Downward Patent-Eligibility Hand Abstractions Test from an alleged …

intellectual property coalitions that fought these battles have splintered with copyright and patent holders pursuing initiatives … cohesiveness of their coalition. Patent interests groups, which are splintered, have struggled to obtain comparatively modest … patent law reforms. However, with the failed push to implement ACTA and the success of the patent sector in getting the AIA …

strictly limiting the "monopoly" right to what is necessary for it to serve as an incentive for innovation. Frequently the … protection constitute part of the framework regulation of the Internal Market as a market for innovation …

Framers drafted the Patent and Copyright Clause. The 1624 Statute of Monopolies, intended to curb royal abuse of monopoly … copyrights could only be granted "for limited Times." The Patent and Copyright Acts of 1790 copied the limited terms of …