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Category Archives: Patent and Trademark

Gene Patents and Human Rights

Van Overwalle, Geertrui, Gene Patents and Human Rights (March 2015). in Intellectual Property Law and Human Rights. Third edition, Paul L. C. Torremans (ed.), Kluwer Law International, 2015, 871 – 914 . Available for download at SSRN: http://ssrn.com/abstract=2708042 “Over the last decade, the relationship between intellectual property rights (IPRs) and human rights has gained wide… Continue Reading

The Federal Circuit as an Institution

Vacca, Ryan G., The Federal Circuit as an Institution (December 21, 2015). Akron Research Paper No. 15-07. Available for download at SSRN: http://ssrn.com/abstract=2706849 “The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created… Continue Reading

An Easy Checkoff for Global Competitiveness: The Case for a U.S. Innovation Box

An Easy Checkoff for Global Competitiveness: The Case for a U.S. Innovation Box – Robert D. Atkinson – November 30, 2015.  “Taxing corporate revenues from innovation-based activities less will not only boost U.S. global competitiveness it will help bring back IP-based corporate profits now overseas. “Within the last decade a growing number of countries have… Continue Reading

Patent Transactions in the Marketplace: Lessons from the USPTO Patent Assignment Dataset

Graham, Stuart J.H. and Marco, Alan C. and Myers, Amanda F., Patent Transactions in the Marketplace: Lessons from the USPTO Patent Assignment Dataset (November 1, 2015). Georgia Tech Scheller College of Business Research Paper No. 29. Available for download at SSRN: http://ssrn.com/abstract=2696147 “While records of the assignments (transactions) affecting US patents and patent applications have… Continue Reading

USPTO PatentsView Beta

“PatentsView is a prototype patent data visualization and analysis platform intended to increase the value, utility, and transparency of US patent data. The initiative is supported by the Office of Chief Economist in the US Patent & Trademark Office (USPTO), with additional support from the US Department of Agriculture (USDA). The PatentsView initiative was established… Continue Reading

Diversity Levers

Burk, Dan L., Diversity Levers (September 6, 2015). Duke Journal of Gender Law & Policy, Vol. 23, 2015. Available for download at SSRN: http://ssrn.com/abstract=2656884 “Patent law is capable of prompting innovation across a wide range of technologies by virtue of flexible “policy levers” that allow patent standards to be calibrated to the impediments that characterize… Continue Reading

Google Launches New Patent Search

Google: “With Google Patents, you can search and read the full text of patent grants and applications from around the world. If you’re looking for prior art, you can use the integrated Prior Art Finder tool and Google Scholar documents to find patent and non-patent prior art, all in one interface.  You can still access… Continue Reading

USPTO Teams with Google to Provide Bulk Patent and Trademark Data to Public

News release: “Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) David Kappos announced [June 2, 2015] that the USPTO has entered into a no-cost, two-year agreement with Google to make bulk electronic patent and trademark public data available to the public in bulk form. Under this agreement, the… Continue Reading

Trademark Functionality Reexamined

Bone, Robert G., Trademark Functionality Reexamined (May 28, 2015). Journal of Legal Analysis, Forthcoming ; U of Texas Law, Law and Econ Research Paper No. E557. Available for download at SSRN: http://ssrn.com/abstract=2611636 “The functionality doctrine in trademark law bars protection for some, but not all, source-identifying product features—so-called trade dress—that contribute to a product’s functional… Continue Reading

Freedom to Tinker

Samuelson, Pamela, Freedom to Tinker (May 11, 2015). Theoretical Inquiries in Law, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2605195 “People tinker with technologies and other human-made artifacts for a variety of reasons: to have fun, to be playful, to learn how things work, to discern their flaws or vulnerabilities, to build their skills, to become… Continue Reading

What Administrative Law Can Teach the Trademark System

Wasserman, Melissa F., What Administrative Law Can Teach the Trademark System (May 7, 2015). Washington University Law Review, Vol. 93, 2016, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2603890 “In 2014, the Patent and Trademark Office (Trademark Office or Agency) made national headlines when it cancelled the Washington Redskins’ trademark registration. The Washington Redskins, a National… Continue Reading