Rethinking Patent Law In The Administrative State

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Rethinking Patent Law In The Administrative State

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Author : Orin S. Kerr
language : en
Publisher:
Release Date : 2017

Rethinking Patent Law In The Administrative State written by Orin S. Kerr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

This Article argues that administrative law doctrines should not apply to judicial review of the patent system. The dynamics of patent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. A patent is akin to a unilateral contract offer by the government. An inventor who files a patent claim is claiming acceptance of the offer. If the offeror-government agrees, the patent must issue, with the property right of the patent given as consideration. An applicant that challenges the denial of a patent application is essentially bringing a breach of contract action, and a patent infringement suit is a type of tort claim. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines pose a serious threat to the proper functioning of the patent system.

Kritika Essays On Intellectual Property

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Author : Hanns Ullrich
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27

Kritika Essays On Intellectual Property written by Hanns Ullrich and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with LAW categories.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

The Patent Crisis And How The Courts Can Solve It

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Author : Dan L. Burk
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-10-19

The Patent Crisis And How The Courts Can Solve It written by Dan L. Burk and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-19 with Business & Economics categories.

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 the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...

Rethinking Patent Law

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Author : Robin Feldman
language : en
Publisher: Harvard University Press
Release Date : 2012-06-19

Rethinking Patent Law written by Robin Feldman and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-19 with Law categories.

Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.

A History Of Intellectual Property In 50 Objects

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Author : Claudy Op den Kamp
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-20

A History Of Intellectual Property In 50 Objects written by Claudy Op den Kamp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-20 with History categories.

This volume brings together a group of contributors from varied backgrounds to tell a history of intellectual property in 50 objects.

Holmes Group The Federal Circuit And The State Of Patent Appeals

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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
language : en
Publisher:
Release Date : 2005

Holmes Group The Federal Circuit And The State Of Patent Appeals written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

Berkeley Technology Law Journal

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Author :
language : en
Publisher:
Release Date : 2004

Berkeley Technology Law Journal written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Technology and law categories.

Identity Invention And The Culture Of Personalized Medicine Patenting

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Author : Shubha Ghosh
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-10

Identity Invention And The Culture Of Personalized Medicine Patenting written by Shubha Ghosh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.

This book provides an overview of developments in personalized medicine patenting and explores its normative implications to suggest policies to best regulate it.

Competition Policy And Patent Law Under Uncertainty

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Author : Geoffrey A. Manne
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13

Competition Policy And Patent Law Under Uncertainty written by Geoffrey A. Manne and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Business & Economics categories.

Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.

U C Davis Law Review

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Author : University of California, Davis. School of Law
language : en
Publisher:
Release Date : 2011

U C Davis Law Review written by University of California, Davis. School of Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law reviews categories.