Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 26 journals)
Showing 1 - 9 of 9 Journals sorted alphabetically
Berkeley Technology Law Journal     Free   (Followers: 14)
Expert Opinion on Therapeutic Patents     Hybrid Journal   (Followers: 12)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 20)
IIC - International Review of Intellectual Property and Competition Law     Hybrid Journal   (Followers: 28)
International Data Privacy Law     Hybrid Journal   (Followers: 22)
International Journal of Intellectual Property Management     Hybrid Journal   (Followers: 30)
IP Theory     Open Access   (Followers: 12)
JIPITEC Journal of Intellectual Property, Information Technology and E-Commerce Law     Open Access   (Followers: 24)
John Marshall Journal of Information Technology & Privacy Law     Full-text available via subscription   (Followers: 7)
John Marshall Review of Intellectual Property Law     Free   (Followers: 10)
Journal of Copyright in Education & Librarianship     Open Access   (Followers: 33)
Journal of Data Protection & Privacy     Full-text available via subscription   (Followers: 6)
Journal of Intellectual Property Law & Practice     Hybrid Journal   (Followers: 30)
Journal of Intellectual Property Rights (JIPR)     Open Access   (Followers: 23)
Law, State and Telecommunications Review     Open Access   (Followers: 1)
Marquette Intellectual Property Law Review     Open Access   (Followers: 14)
Northwestern Journal of Technology and Intellectual Property     Open Access   (Followers: 8)
Propiedad Intelectual     Open Access   (Followers: 1)
Recent Patents on Anti-Cancer Drug Discovery     Hybrid Journal   (Followers: 2)
Recent Patents on Anti-Infective Drug Discovery     Hybrid Journal   (Followers: 1)
Reports of Patent, Design and Trade Mark Cases     Hybrid Journal   (Followers: 5)
Revista La Propiedad Inmaterial     Open Access  
The Journal of World Intellectual Property     Hybrid Journal   (Followers: 26)
Ticaret ve Fikri Mülkiyet Hukuku Dergisi     Open Access  
Web Journal of Current Legal Issues     Open Access   (Followers: 6)
World Patent Information     Hybrid Journal   (Followers: 17)
Similar Journals
Journal Cover
IP Theory
Number of Followers: 12  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2164-7410
Published by Indiana University  [24 journals]
  • When Standards Collide with Intellectual Property: Teaching About Standard
           Setting Organizations, Technology, and Microsoft v. Motorola

    • Authors: Cynthia L. Dahl
      PubDate: Mon, 15 Jun 2020 09:56:11 PDT
       
  • Artificial Creativity: A Case Against Copyright for AI-Created Visual
           Artwork

    • Authors: Megan Svedman
      Abstract: Artificial intelligence is becoming increasingly complex, and provides examples of compelling, human-like performances. One such artificial intelligence technology is known as Creative Adversarial Network (“CAN”) technology, which relies on inputs of preexisting pieces of art to create pieces of original art that pass as human-made. Whether the coders responsible for CAN-technology should be granted coverage for the resultant art remains an open question in United States jurisprudence. This paper seeks to explore why, given both software’s historical legacy in copyright law and bedrock copyright justifications, extending copyright coverage to the coders responsible for CAN technology would be a grave misstep in copyright policy.
      PubDate: Wed, 26 Feb 2020 06:50:58 PST
       
  • A Production View on Patent Procurement

    • Authors: Ian C. Schick
      Abstract: When we think of a “production environment,” a law firm patent practice is not usually the first thing that comes to mind. But why not' Patent practices are highly process-oriented, and they certainly involve “manufacturing” work product, primarily in the form of new patent applications and office action responses. This article discusses how, with a production view on patent procurement, exploiting the principles of lean production can be a compelling way to adapt to tough issues presently roiling the patent ecosystem.
      PubDate: Fri, 21 Feb 2020 09:46:05 PST
       
  • Using AI to Analyze Patent Claim Indefiniteness

    • Authors: Dean Alderucci et al.
      Abstract: We describe how to use artificial intelligence (AI) techniques to partially automate a type of legal analysis, determining whether a patent claim satisfies the definiteness requirement. Although fully automating such a high-level cognitive task is well beyond state-of-the-art AI, we show that AI can nevertheless assist the decision maker in making this determination. Specifically, the use of custom AI technology can aid the decision maker by (1) mining patent text to rapidly bring relevant information to the decision maker’s attention, and (2) suggesting simple inferences that can be drawn from that information.We begin by summarizing the law related to patent claim indefiniteness. A summary of existing case law allows us to identify the types of information that can be relevant to the legal determination of indefiniteness. This in turn guides us in designing AI software that processes a patent’s text to extract information that can be relevant to the legal analysis of indefiniteness. Some types of relevant information include whether terms in a claim are defined in the patent, whether terms in a claim are not mentioned in the patent’s specification, whether the claim includes non-standard terms coined by the drafter of the patent, whether the claim relies on vaguely-specified measurements, and whether the patent’s specification discloses structure corresponding to a means-plus-function limitation.The AI software rapidly processes a patent’s text and identifies information that is relevant to the legal analysis. The software then provides the human decision maker with this information as well as simple metrics and inferences, such as the percentage of claim terms that are defined explicitly or by example, and whether terms that are coined by the drafter should be defined or renamed. This can provide the user with insights about a patent much faster than if the user read the entirety of the patent to locate the same information unaided.Moreover, the software can aggregate the various types of information to “score” a claim (e.g., from 0 to 100) based on its risk of being deemed indefinite. For example, a claim containing only defined terms and lacking any vague measurements would score much lower in terms of risk than a claim with terms that are not only undefined but do not even appear in the patent’s specification. Once each claim in a patent is assigned such an indefiniteness score, the patent itself can be given an overall indefiniteness score.Scoring groups of patents in this manner has further advantages even if the scores are blunt measurements. AI software ranks a group of patents (e.g., all patents owned by a company) by indefiniteness scores. This allows a very large set of patents to be quickly searched for patents that have the highest, or lowest, indefiniteness score. The results of such a search could be, e.g., the patents to target for detailed review in litigation, post-grant proceedings, or licensing negotiations.Finally, we present some considerations for refining and augmenting the proposed methods for partially automating the indefiniteness analysis, and more broadly other types of legal analysis.
      PubDate: Wed, 22 Jan 2020 09:21:52 PST
       
  • Internet (Re)Search by Judges, Jurors, and Lawyers

    • Authors: H. Albert Liou et al.
      Abstract: How can Internet research be used properly and reliably in law' This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. With respect to lawyers, this paper discusses reliance on and potential pitfalls of using free Internet resources to conduct legal research; the dangers of rotten Internet links; and evidentiary considerations in citing to Internet evidence.
      PubDate: Wed, 23 Oct 2019 07:42:27 PDT
       
  • The Invention Secrecy Act: The USPTO as a Gatekeeper of National Security

    • Authors: Scott Locke
      Abstract: The United States Patent and Trademark Office (“USPTO”) has the privilege of reviewing hundreds of thousands of inventions each year before the public learns about them. Consequently, the USPTO is uniquely positioned as a funnel through which the Government can collect information about new technologies and determine which ones have implications for the safety and welfare of the nation. Under the Invention Secrecy Act, the Commissioner for Patents may order that an invention for which patent protection is sought be kept secret if disclosure of the invention might be detrimental to national security.In order for the USPTO to review patent applications and then to do its part in protecting national security, while respecting the rights of inventors, the Invention Secrecy Act provides for the implementation of a framework with three primary components: (1) the screening phase, which applies to all patent applications; (2) the maintenance of secrecy phase, which applies to those inventions for which the Government has made a determination of risk to national security; and (3) the compensation phase, which is the phase during which a patent applicant or patentee can request compensation for either or both the loss due to being required to keep the invention secret and the government’s use of the invention prior to issuance of the patent. Failure of inventors to abide by the terms of and to follow the procedures promulgated under the Invention Secrecy Act can have dire consequences, and thus, applicants and persons who counsel them should be aware of its contours, how the USPTO implements it, and how courts interpret it.
      PubDate: Mon, 15 Apr 2019 09:25:27 PDT
       
  • Design Patent Damages: A Critique of the Government’s Proposed 4-Factor
           Test for Determining the “Article of Manufacture”

    • Authors: Perry J. Saidman
      Abstract: The Supreme Court in Samsung Electronics Co. v. Apple, Inc. wrestled with the question of determining the meaning of “article of manufacture” in 35 U.S.C. § 289 when it comes to calculating the total profit of the infringer that is awarded to the patentee.In its Petition for Certiorari, Samsung raised the novel theory that the article of manufacture could be less than the entire product sold by the infringer. The Supreme Court agreed to hear the following issue, as framed in Samsung’s Petition:Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component'Samsung argued that for a multi-component product, such as a smartphone, the article of manufacture needs to be defined in terms of only portions or components of the smartphone. Since Apple’s design patents were drawn to portions of the iPhone, rather than the entire iPhone, Samsung sought to limit its liability to its total profit on those portions. This would have greatly reduced the jury award of $399 million, which had been based on the total profit derived from Samsung’s sales of their entire smartphones to which the patented designs had been applied.The Supreme Court said that the only question before it was narrow: “[W]hether, in the case of a multicomponent product, the relevant ‘article of manufacture’ must always be the end product sold to the consumer or whether it can also be a component of that product.”Looking to the statutory text, the Supreme Court concluded that the term “article of manufacture,” as it is used in § 289, “encompasses both a product sold to a consumer and a component of that product.” The Court further indicated that the term “article of manufacture” is “broad enough to embrace both a product sold to a consumer and a component of that product, whether sold separately or not.” The Court declined, however, to “set out a test for identifying the relevant article of manufacture at the first step of the § 289 damages inquiry.”Thus, the narrow question left unanswered from Samsung is how to determine the relevant article of manufacture for a multi-component product, such as a kitchen oven (the example given by Justice Sotomayor). If the product is a single component product, such as a dinner plate (again, Justice Sotomayor’s example), there is no issue, because, as she put it, “the product [sold to a consumer] is the ‘article of manufacture’ to which the design has been applied.”The meaning of “total profit” was not at issue; as the Court stated: “‘[t]otal,’ of course, means all.” Thus, the Court left undisturbed the long-standing design patent rule against apportionment of the infringer’s total profit, as well as its sister rule prohibiting an inquiry into causation.As noted above, the Court left formulation of a test for determining the article of manufacture to the lower courts in future litigation.
      PubDate: Tue, 02 Apr 2019 13:30:47 PDT
       
  • TC Heartland: It’s Time to Take Stock

    • Authors: Daniel Kazhdan et al.
      Abstract: It has been a little over a year and a half since the Supreme Court issued its groundbreaking venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, shaking up the status quo in U.S. patent infringement litigation. The first months after TC Heartland saw a flurry of activity as litigants and courts wrestled with the impact of the decision on pending cases, pondered the true meaning of a “regular and established place of business,” and explored many other questions left by the TC Heartland decision. Eighteen months and several writs of mandamus later, it is now a good time to take stock of the newly emerging status quo in patent venue. This article does just that.
      PubDate: Sun, 10 Feb 2019 19:14:59 PST
       
  • Registration is Fundamental

    • Authors: Nicole Pottinger et al.
      Abstract: Under the Copyright Act, copyright owners can file infringement actions only if registration of their copyright claim with the Copyright Office “has been made” or “has been refused.” The United States Supreme Court recently granted certiorari in Fourth Estate v. Wall-Street.com, in order to decide whether registration is “made” when a claimant files a registration application or when the Copyright Office registers the claim.This article argues that the Court should hold that registration occurs when the Copyright Office registers the claim, in order to ensure that federal courts can benefit from the expertise of the Copyright Office. The Copyright Office recently began publishing the opinions of Copyright Office Review Board. This article uses those administrative opinions to show how the Copyright Office has developed the concepts of "originality" and "creativity" in ways that are helpful to the federal courts. It concludes with an Appendix listing the Copyright Office Review Board opinions addressing originality and explaining the basis for each decision.
      PubDate: Sat, 22 Dec 2018 15:29:20 PST
       
  • Our 19th Century Patent System

    • Authors: Gregory Reilly
      Abstract: The patent system is in flux. Concerns abound about the imperfect fit between traditional patent rights and the Information Age, excessive numbers of patents, overbroad patent rights, poor patent quality, and allegedly exploitative actors, like so-called “patent trolls.” In response, courts, commentators, and Congress have proposed, debated, and sometimes adopted a series of reforms and changes to patent rights, patent doctrines, and patent institutions. The America Invents Act of 2011 (AIA) introduced the most significant changes to the patent system since 1952 and was even described by one commentator (hyperbolically, as we will see) as “the most significant overhaul to our patent system since the founding fathers first conceived of codifying a grand bargain between society and invention.” The Supreme Court’s recent renewed interest in patent law has also resulted in significant changes, including abolishing the long-standing rule that “a patent owner is entitled to permanent injunctive relief once a patent is adjudicated to be both valid and infringed.”And scholars have proposed a variety of other significant changes to American patent law.With change, comes opposition. The changes and proposed changes to patent law have sparked vigorous policy debates about the effects on the patent system’s goals of promoting innovation and preserving competition. But beyond policy disagreement, opponents also are concerned that recent changes and proposed changes reflect a sharp, dramatic break with long-standing, fundamental aspects of the patent system. To them, departing from the historical features of the patent system is inadvisable, illegitimate, or even unconstitutional.This Essay provides context necessary to evaluate these concerns. Recent changes and proposed changes seem like a dramatic and sharp break with past practice precisely because the patent system has been remarkably stable since the middle of the 19th century. To many in the patent community, this contention may seem surprising, or even laughable, given widespread recognition of significant adjustments and fluctuations in the patent system over the years.The patent system certainly undergoes doctrinal variations at the operational level of applying patent law’s specific requirements to determine if particular patents are valid and infringed—for example, the specific tests used or defenses available.There also have been changes in how the patent system is used over time, including the volume of patenting and patent enforcement activity.But at a foundational or systemic level, the nature of the rights granted, the institutional structure of the patent system, and the basic doctrines of patentability, infringement, and remedies have remained largely constant. It is exactly because the foundational and systemic aspects of the patent system have been so constant that the fluctuations in doctrinal implementation seem so significant. For example, the proper test for determining whether an invention is too obvious to warrant a patent, much debated in the patent community, would seem relatively minor compared to a reform requiring the Patent Office to decide whether to issue a patent based on a case-by-case determination of whether the innovation benefits of a particular patent outweigh its social costs. Even the question of when inventions are patent ineligible abstract ideas, laws of nature, or natural phenomena—probably the most contested current patent issue—would become much less significant if Congress started debating abolishing patents for some industries, imposing price controls on patented products, setting mandatory licensing terms, or replacing the private right of action for patent infringement with government enforcement.But long-standing stability in the foundational and systemic characteristics of the patent system does not mean that these characteristics are inevitable, necessary, or mandatory features. To the contrary, in the first few decades of the American patent system, there was significant change, experimentation, and development in the nature of patent rights, the patent system’s institutional structure, and the basic doctrines of patent law. The foundational and systemic aspects of the patent system that persist today emerged by the middle fifty years of the 19th century (1825–1875). Thus, the characteristics of our modern patent system reflect less the influence of the Framers or of the 18th century than they do the influence of the early to middle of the 19th century.After establishing our 19th century patent system in Part I, Part II describes the consequences that our 19th century patent system has for present policy debates over patent law. A brief conclusion follows.
      PubDate: Sat, 02 Jun 2018 12:19:17 PDT
       
  • Proximate vs. Geographic Limits on Patent Damages

    • Authors: Stephen Yelderman
      Abstract: The exclusive rights of a U.S. patent are limited in two important ways. First, a patent has a technical scope—only the products and methods set out in the patent’s claims may constitute infringement. Second, a patent has a geographic scope—making, using, or selling the products or methods described in the patent’s claims will only constitute infringement if that activity takes place in the United States. These boundaries are foundational features of the patent system: there can be no liability for U.S. patent infringement without an act that falls within both the technical and geographic scope of the patent.Once liability has been established and a court’s attention turns to remedies, the continued relevance of these boundaries is not so clear. If all the infringing activity and all the resulting harm are within the technical and geographic scope of the patent, there is no problem. But, sometimes, activities within the technical and geographic scope of a patent cause harm to the patentee somewhere outside that scope. For example, a defendant’s infringing sales of a patented product may cause the patent holder to lose some sales of an unpatented product too. Or, as another example, a defendant’s infringing activity in the United States might cause a patent holder to lose sales somewhere else. Are these harms—to sales of a different product, or in a different country—cognizable for purposes of measuring the patent holder’s damages' Or do the basic limits on patent scope apply to questions of remedy just as they do to questions of liability'The Federal Circuit has resolved this puzzle differently depending on which boundary is at issue. When it comes to technical scope, the Federal Circuit has long held that patent holders may recover for all the harms actually and proximately caused by the infringement. As a result, if the defendant’s infringing actions divert sales from the patent holder, the patent holder can potentially recover all of those lost sales, whether or not they fall inside or outside the technical scope of the patent at issue.When it comes to harms beyond a patent’s geographic scope, however, the Federal Circuit has taken a different approach. In a series of recent cases, the court has developed a hard-and-fast geographic limit, categorically denying recovery of any foreign losses that were caused by the domestic infringement. As a result, if infringing activity inside the United States causes lost sales outside the United States, those losses are simply left to lie where they fall—even if they were actually and proximately caused by the infringing act.Under the Federal Circuit’s current approach, then, the technical scope of a patent is applied only once in a patent case—to determine whether the defendant can be held liable as an infringer. In contrast, the geographic scope of a patent does a kind of double duty, applying first to the question of liability, and a second time to the question of damages.This Essay argues that the same approach adopted at the edge of technical scope should apply at the geographic boundary as well. Specifically, patent holders should recover for the injuries actually and proximately caused by domestic acts of infringement, even if those injuries arise outside the technical or geographic scope of the patent. The Federal Circuit has correctly decided cases in which damages fall across the line of technical scope, but erred when it comes to damages that happen to cross a geographic boundary.
      PubDate: Sun, 15 Apr 2018 17:31:07 PDT
       
  • Intellectual Property, Surrogate Licensing, and Precision Medicine

    • Authors: Jacob S. Sherkow et al.
      Abstract: The fruits of the biotechnology revolution are beginning to be harvested. Recent regulatory approvals of a variety of advanced therapies—Keytruda (pembrolizumab), Kymriah (tisagenlecleucel), and patisiran—have ushered in an age of “precision medicine” treatments that target patients’ specific genetic, physiological, and environmental profiles rather than generalized diagnoses of disease. Therapies like these may soon be supplemented by gene editing technologies such as CRISPR, which could enable the targeted eradication of deleterious genetic variants to improve human health. But the intellectual property (IP) surrounding precision therapies and their foundational technology remain controversial. Precision therapies ultimately rely—and are roughly congruent with—basic scientific information developed in the service of academic research. Much of precision medicine’s IP, however, is held by academic research institutions that employ for-profit surrogate companies, companies responsible both for commercially developing university research and sublicensing university IP to others. This creates an uneasy tension between the public missions of universities and the commercial motives of surrogates, particularly universities’ goals of producing and disclosing scientific information, and surrogates’ goals of exploiting that information for commercial gain.This essay examines the challenges that surrogate licensing poses for the future of precision medicine. It begins by providing a brief summary of precision medicine and its recent developments. Next, it provides an overview of university patenting and the shift toward surrogate licensing. It then explores some of the difficulties concerning surrogate licensing in the context of precision medicine and, later, suggests modified licensing approaches and best practices that may better promote scientific discovery, the development of human therapies, and overall social welfare. Lastly, the essay discusses some larger doctrinal and theoretical implications arising from surrogate licensing in informationally intensive fields, like precision medicine.
      PubDate: Mon, 09 Apr 2018 11:14:44 PDT
       
  • Background Note: Standard Essential Patents, Innovation and Competition:
           Challenges in India

    • Authors: Arpan Banerjee
      Abstract: In September 2014, a few months after a landslide election victory, the Indian Prime Minister Narendra Modi announced the launch of “Make in India,” an ambitious program designed to turn India into a global manufacturing hub. One of the factors widely thought to be responsible for Modi’s victory was support from India’s “neo-middle class”—a young, newly- urbanized section of the electorate seeking employment and improved living standards but struggling amidst an economic downturn. In a speech inaugurating Make in India, Modi linked the program with the aspirations of this section of society. Modi stated the need to elevate the status of the poor-to-middle class as fast as possible, noting that sixty-five percent of India’s population was aged thirty-five and below. He declared that the “[s]traight answer” to achieve this goal would be to create jobs in the manufacturing sector. He emphasized the importance of Foreign Direct Investment (FDI) for this purpose, terming FDI as both a “responsibility” and an “opportunity.” But Modi conceded that India’s poor rank in the World Bank’s Ease of Doing Business Index—below 130 at the time—was an impediment and had to ideally rise to fifty. Modi thus announced that the government would reduce bureaucratic obstacles faced by investors This has been a key focus of the initiative, and various measures have since been adopted. Make in India was followed by the launch of two complementary schemes in 2015 and 2016 respectively: “Digital India” and “Start Up India.” The stated aim of the former is to transfer India into a “digitally empowered society and knowledge economy,” with one of its pillars being the promotion of manufacturing in the electronics sector. The stated aim of the latter includes “fostering entrepreneurship and promoting innovation.”Make in India and its allied schemes have yielded some dividends, and India’s rank in the Ease of Doing Business Index recently jumped to 100. Yet various challenges to Make in India exist. Crucially, automation technologies, such as 3D printing, threaten to displace millions of low-skilled jobs. As automation is seen as less of a threat in displacing jobs in electronics manufacturing, there is a case for arguing that a strong focus of Make in India should be the manufacture of electronic products like smartphones, tablets and semiconductors. Although India’s electronics industry is growing at a rapid rate, the industry is heavily reliant on foreign imports—a further reason to prioritize the area within Make in India. However, India suffers from low technological preparedness and weak ICT infrastructure. If India is to make improvements on this front, issues involving innovation and intellectual property (IP), such as technology transfer and licensing, are likely to assume much importance. In this regard, Make in India has identified IP as a key policy component, Digital India has included “IP generation in the area of electronics” as an objective, and Startup India has included the commercialization of IP in its agenda. But none of the parameters in the Ease of Doing Business Index factor in the role of IP. Thus, linking the success of Make in India with the Ease of Doing Business Index may neither capture the concerns of foreign investors heavily reliant on IP protection, nor reflect advancements in India’s IP system.
      PubDate: Tue, 21 Nov 2017 13:46:47 PST
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 34.204.191.145
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-