The shape of things to come: what we can learn from patent claim length

K Osenga - Santa Clara Computer & High Tech. LJ, 2011 - HeinOnline
Technology is always changing. Patent law is also constantly evolving, as the courts and
Congress continue to make significant changes to this area of law. But what about patents …

A generation of patent litigation

M Risch - San Diego L. Rev., 2015 - HeinOnline
Despite a virtual avalanche of patent studies issued during the past few years, simple but
fundamental questions necessary to address patent reform remain unanswered. Most …

Deconstructing the patent application backlog

WK Mabey Jr - J. Pat. & Trademark Off. Soc'y, 2010 - HeinOnline
This paper began as an essay written for Professor Michael Carrier's seminar, Theories of
Intellectual Property, at Rutgers School of Law-Camden in Fall 2009. I was given the …

Patents: Hiding from history

SM McJohn - Santa Clara Computer & High Tech. LJ, 2007 - HeinOnline
This essay analyzes how various patent rules, viewed together, indirectly cause a distorted
historical record of technological development. Part II of this essay looks at a recent book …

Patent clutter

J Freilich - Iowa L. Rev., 2017 - HeinOnline
Patent claims are supposed to clearly and succinctly describe the patented invention, and
only the patented invention. This Article hypothesizes that a substantial amount of language …

Patent claims revisited

D Churnet - Nw. J. Tech. & Intell. Prop., 2012 - HeinOnline
On September 16, 2011, President Obama signed into law the most influential patent reform
legislation in nearly sixty years. The Leahy-Smith America Invents Act (" Act") is Congress's …

Understanding the realities of modern patent litigation

JR Allison, MA Lemley, DL Schwartz - Tex. L. Rev., 2013 - HeinOnline
Sixteen years ago, two of us published the first detailed empirical look at patent litigation. In
this Article, we update and expand the earlier study with a new hand-coded data set. We …

Overclaiming is criminal

O Liivak - Ariz. St. LJ, 2017 - HeinOnline
For some time patent law has been criticized for a flood of bad patents. Patents of
questionable validity are being issued with overly broad, oftennebulous boundaries. A …

Construing patent claims according to their interpretive community: A call for an attorney-plus-artisan perspective

JM Golden - Harv. JL & Tech., 2007 - HeinOnline
Determination of the scope of a patented invention is one of the most contentious and
difficult tasks of modem patent law. Claimsnumbered clauses at the end of a patent-are …

Efficient Definition and Communication of Patent Rights: The Importance of Ex Post Delineation

WR Hubbard - Santa Clara Computer & High Tech. LJ, 2008 - HeinOnline
As with any area of law, rights and duties relating to patents should be clearly communicated
in an efficient manner. Unfortunately, uncertainty concerning the scope of the rights granted …