attendant constellation of tacit knowledge regarding the interpretation and application of the information in the patent. The … through the patent system also provides important stability to attendant tacit knowledge. Patent doctrines regarding prior art … patent procurement and enforcement must take such effects into account …

determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical …, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that … patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship …

the door to a new examination of patent purposes, and to understanding some otherwise inexplicable characteristics of … patent law …

Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to … about promoting innovation? I argue that empirical progress in patent law depends on greater policy diversity (rather than … spillovers from local policies. Instead, patent policymakers should adopt a third way between uniformity and local control …

A great deal has been said in recent years about patent disclosure. But to say that there is a disclosure function in … the patent system implies that there is non-disclosure functioning in the patent system as well. For some information to … be disclosed in a patent, other information must go undisclosed; for some things to be included, other things must be …

critiquing current patent practice implicitly assumes that the patent functions as a form of technical document ….Careful consideration of the artifices by which a new patent is staged reveals parallels to the known staging of technical papers, including …. Patent formation employs its own decidedly non-scientific strategies for settling controversies and reaching closure. In …

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent … relationship between regulation - both through competition policy and patent law - and innovation, and the corresponding …

plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for … two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new … approach for courts to protect public health in patent cases—by making public health an affirmative defense to infringement. If …