Section 292 of the Patent Act forbids the false marking of unpatented or infringing articles with the type of marks usually used by patentees to provide public notice of their patented inventions. Prior to the recent enactment of patent reform, the statute provided a rare qui tam enforcement...

Following the TRIPs Agreement and amendments in the Indian Patent Act, India is now part of a global treaty in which technological innovations are encouraged and protected, not just in few but a very large number of countries. Copying drugs is now no longer possible because of product patents....

Courts, commentators and practitioners have for too long viewed intellectual property law as a discrete discipline, without putting it into the proper theoretical context of general jurisprudence. Intellectual property law cannot and must not exist on its own, outside the normative framework of...

In 2004, John Allison, Mark Lemley, Kimberly Moore, and Derek Trunkey published an article, Valuable Patents, reporting the results of the most comprehensive study ever done comparing various characteristics of patents that ended up in infringement litigation with patents that had not been...

Problems noted with current patterns in patent litigation include the increasing cost of patent litigation, low incentives to invalidate weak patents because doing so could help competitors, and a high incentive to settle patent suits because of the high cost of bringing such cases to trial. The...

Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and...

The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of patents ought to be restricted to that of technology. This ambiguity is exacerbated by the difficulties faced by lawmakers in defining technology; and it confounds contemporary...

Patent protection for genetic enhancements would tend to spur genetic innovation, but would tend to limit access to those genetic enhancements through discriminatory mechanisms such as price and favoritism. The patent system would likely ensure high rates of genetic enhancement innovation,...

Patents have become a sort of flash point recently, attracting the attention of courts, legislators and regulators. The Supreme Court has expressed keen interest in patent disputes, having heard as many in a term, as it had for decades before this time. With a focus on business method patents in...

This paper critically reviews the impact of the international instrument, The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS agreement), as it pertains to the law of patentable subject-matter. Considered a potential harmonizing instrument, the impact of the TRIPS agreement...