Tag: Patent

Revitalizing the Patent System to Incentivize Pharmaceutical Innovation: The Potential of Claims with Means-Plus-Function Clauses

Wanli (Lily) Tang

Traditionally, the United States patent system has been considered successful in promoting innovation in the pharmaceutical industry. In the past few years, however, loss of patent protection has caused sales revenue for innovative firms to plummet. Many firms have heavily cut their investments in research and development (R&D) for new… Read More »

Why Do Patent Holders Cooperate?

Michael Mattioli

This essay discusses the bold and intriguing theory that our patent system’s problems can be corrected through private cooperation. According to some commentators, cooperative efforts such as patent pools, research consortia, and similar licensing collectives are proof that market participants have the wisdom and the will to collectively disarm their… Read More »

Point of Novelty

Mark A. Lemley - Stanford Law School

We award patents to inventors because we hope to encourage new ideas.  It is curious, then, that patent law itself purports to pay no attention to which aspects of a patentee’s invention are in fact new.  A patented invention is legally defined by its claims—written definitions of the invention.  And… Read More »

Patent at Your Own Risk: Linguistic Fences and Abbott Labs v. Sandoz

John Cordani

Patenting is the procedure by which novel scientific inventions become protected by an intellectual property right.  The United States Constitution provides the foundation for patent law and vests the power and duty of its implementation in Congress.   Congress fulfilled its constitutional duty by granting inventors an intellectual property right… Read More »

Constructing Commons in the Cultural Environment

Michael J. Madison & Katherine J. Strandburg & Brett Frischmann

The Maine lobster fishery is a successful example of a managed natural resource commons.  To ensure an ongoing supply of lobsters in the face of threats to the fishery from unregulated over-fishing, over a period of years Maine lobster fishermen crafted a set of formal and informal rules to determine… Read More »

Intellectual Property for Market Experimentation

Michael Abramowicz & John F. Duffy

Why did it take decades from the time inventors first developed wheeled suitcases before they were put on the market?  Why haven’t the courts concluded that trademarks like “Band-Aid” and “Rollerblade” are now generic?  Why did many analysts doubt the business wisdom of launching Netflix even after customer subscriptions exceeded… Read More »

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