The Death of the Genus Claim

D Karshtedt, MA Lemley, SB Seymore - Harv. JL & Tech., 2021 - HeinOnline
The central feature of patent law in the chemical, biotechnology, and pharmaceutical
industries is the genus claim-a patent claim that covers not just one specific chemical but a …

Prophetic patents

J Freilich - UC Davis L. Rev., 2019 - HeinOnline
In May of 2005, a team of scientists made headlines after the prestigious journal Science
published a report that they had cloned human embryos.'Only a few months later, the team …

The More Things Change: Improvement Patents, Drug Modifications, and the FDA

D Karshtedt - Iowa L. Rev., 2018 - HeinOnline
Pharmaceutical companies often replace prescription drugs that are already on the market
with modified versions that have the same active pharmaceutical ingredient. On the surface …

Data-generating patents

BM Simon, T Sichelman - Nw. UL REv., 2016 - HeinOnline
Patents and trade secrets are often considered economic substitutes. Under this view,
inventors can decide either to maintain an invention as a trade secret or to seek a patent and …

Innovation snowballing and climate law

Z Liscow, Q Karpilow - Wash. UL Rev., 2017 - HeinOnline
Findings at the frontier of economics suggest startling implications of an under-appreciated
fact about technological development: innovation builds on itself developing path …

Patentable Subject Matter and Nonpatent Innovation Incentives

LL Ouellette - Uc Irvine L. Rev., 2015 - HeinOnline
In four cases over five recent Terms, the Supreme Court has struggled to place coherent
limits on what kinds of inventions can be rewarded through the patent system. 1 This effort to …

Confusing Patent Eligibility

DO Taylor - Tenn. L. Rev., 2016 - HeinOnline
Patent law-and in particular the law governing patent eligibility-is in a state of crisis. This
crisis is one of profound confusion. Confusion exists because the current approach to …

Patent law's reproducibility paradox

JS Sherkow - Duke LJ, 2016 - HeinOnline
Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies
appear to be irreproducible-their results cannot be verified by outside researchers. This is …

Nonobviousness: Before and After

D Karshtedt - Iowa L. Rev., 2020 - HeinOnline
The requirement of nonobviousness, codified in 35 USC § 103, has been called" the
ultimate condition of patentability" because of its crucial function of keeping technically trivial …

Pierson, peer review, and patent law

LL Ouellette - Vand. L. Rev., 2016 - HeinOnline
A researcher may patent her novel invention once she" possesses" it. 1 Yet the question of
what constitutes possession has bedeviled property theorists for centuries, as demonstrated …