Archive for April, 2013

ARTICLES page

https://proventsystems.com/kt6nl0t by Daniel Gervais on Saturday, April 13th at 2:07 PM

Buy Ambien Online Uk The Articles page (right hand column) is being updated, and links to each article are being added (when available on a public website).

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Kirtsaeng and digital goods: Is parallel import and resale of ‘copies’ the real issue?

https://www.larochellevb.com/2024/01/31/wttmst2gjrb by Daniel Gervais on Friday, April 12th at 4:40 PM

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New draft paper: The Patent Target

https://www.eastcotesignanddisplay.co.uk/f36j45p1m by Daniel Gervais on Wednesday, April 3rd at 4:38 PM

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https://www.larochellevb.com/2024/01/31/knfegt22

follow site This Article delineates the proper scope of patentable subject matter and the two key exclusions namely scientific discoveries/laws of nature on the one hand, and mental steps/abstract ideas, on the other hand. The Article considers the exclusions normatively and in particular whether patenting subject matter that should be excluded may prevent the “sunshine of science from generating some green shoots of scientific progress” and thus be counterproductive in promoting innovation. The Article suggests, in the wake of recent Federal Circuit and US Supreme Court jurisprudence, that both exclusions are related and proposes a unique test to avoid both errors (patenting nature and mental steps). source site The Article is both scholarly in tone and policy-oriented. The Author hopes that the Article usefully illuminates the policy debate and its more theoretical aspects. Its analytical anchor is the traditional distinction between science (scientific research to produce knowledge), on the one hand, and technology (sometimes bundled under the appellation research and development (R&D) or “applied science”). The distinction is used as a heuristic tool to delineate the domain of patents. The Article also uses the distinction to discuss the erosion of the traditional role of universities and the impact of patenting science on the dissemination of science to the developing world. Specifically, the Article suggests that the traditional distinction between science and technology can be operationalized for purposes of patentability analyses as a distinction based on the target of the inquiry, namely between existing targets (waiting to be discovered) and the engineered (or created) world. The Article also discusses the exclusion of abstract ideas sometimes erroneously patented in the guise of business models or computer-implemented inventions. The exclusion is related because in producing knowledge, science produces new ways of thinking and “mental steps.” The Article suggests why and how it can be avoided using the same test. The last part of the Article formulates the proposed test by combining the two exclusions (scientific discoveries/laws of nature and mental step/abstract ideas) as vertical and horizontal axes of a patent “target.”

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Does first sale apply to digital copies?

source by Daniel Gervais on Wednesday, April 3rd at 4:18 PM

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