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Policy Levers in Patent Law
The patent statute creates a general set of legal rules that govern a wide variety of technologies. With only a few exceptions, the statute does not distinguish between different technologies inExpand
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Patent Scope and Innovation in the Software Industry
Software patents have received a great deal of attention in the academic literature. Unfortunately, most of that attention has been devoted to the problem of whether software is or should beExpand
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Ignoring Patents
More than 2.5 million United States patents have been issued in the last twenty years. While these patents are spread across all industries, a large percentage are concentrated in the informationExpand
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Are the U.S. Patent Priority Rules Really Necessary?
The United States is the only country in the world that awards patents to the first person to invent something, rather than the first to file a patent application. In order to determine who is firstExpand
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Scope
Intellectual property (IP) law doctrines fall into three basic categories: validity, infringement and defenses. Virtually every significant legal doctrine in IP is either about whether the plaintiffExpand
IP in a World Without Scarcity
Things are valuable because they are scarce. The more abundant they become, they cheaper they become. But a series of technological changes is underway that promises to end scarcity as we know it forExpand
Fixing the Patent Office
How can we fix the PTO, allowing examiners to effectively distinguish between patentable and unpatentable inventions, without slowing the process to a crawl or wasting a bunch of money? This essayExpand
The Patent Crisis and How Courts Can Solve It
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by theExpand
Intellectual Property in the New Technological Age: 2019 - Chapters 1 and 2
Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and theExpand
Irrelevant Confusion
Trademark law centers its analysis on consumer confusion. With some significant exceptions, the basic rule of trademark law is that a defendant’s use of a mark is illegal if it confuses a substantialExpand
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