One of the underlying justifications of the patent system is to encourage dissemination of scientific knowledge and promote innovation. Yet, the patent system is not a green card to innovation. Indeed, given our progress in science and the increasing rate of technological developments it is...

This article describes the processes involving the United States Patent and Trademark Office’s (PTO’s) implementation of administrative patent levers related to business methods. Administrative patent levers are conceptualized in this article as rules that represent a coordinated policy at...

This article encompasses what are the main interests of stem cell research and what are the hopes from them. Further, it recites the moral and legal status of the Human stem cell in different jurisdictions. Furthermore, it furnishes glimpse about regulation of embryo research and embryonic stem...

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...

Switzerland is about to implement a completely new patent litigation system, following the establishment of a new specialized federal patent trial court and the replacement of twenty-six cantonal codes of civil procedure with a single uniform federal code of civil procedure. This article...

The relationship between fundamental rights and intellectual property has long been recognised. The rights to life and to health have been understood as relevant to debates about the patenting of biotechnological inventions and the right to freedom of expression has had an impact in both...

Patent pools allow competing firms to combine their patents and license them as a package to outside firms. Regulators today favor pools that license their patents freely to outside firms, making it difficult to observe the unconstrained licensing strategies of patent pools. This paper takes...

Members of a patent pool agree to use a set of patents as if they were jointly owned by all members and license them as a package to other firms. Regulators favor pools as a means to encourage innovation: Pools are expected to reduce litigation risks for their members and lower license fees and...

The particular case of software seems to have stretched the patent-copyright divide to the point of breakage. Inspite of being traditionally excluded from patent, software is an obvious case of a single creation that embodies both expression and innovation, and so strong arguments exist for...

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...