Controlling Patent Prosecution History

[Excerpt] “One of the most salient effects of patent prosecution history arises in the context of the doctrine of equivalents. Under that doctrine, although patent claims may be found to be broader than their literal scope, territory surrendered during prosecution cannot be encompassed as equivalent. Nor can territory forfeited by initial failure to claim be captured under the doctrine of equivalents. Most attorneys who prosecute applications are apt to be aware of such problems and to take measures to avoid them.

Pursuing Transparency through Science Courts

[Excerpt] The frequency and magnitude of risks and benefits are facts. The acceptability of risks associated with particular benefits is not. In the best of all worlds, normative choices based on facts would be made directly by persons at risk. We do not have the best of all worlds. As we move from consumer to occupational and environmental risks, political transparency increasingly must substitute for individual autonomy. When we cannot each have our way, we should be able to decide which facts are important, to have access to such facts and to be able to influence decisions based on them

Book Reviews

Reviews of the following two books: VALUING HEALTH Risks. COSTS, AND BENEFITS FOR ENVIRONMENTAL DECISION MAKING (P. Brett Hammond and Rob Coppock, eds.) THE LIABILITY MAZE: THE IMPACT OF LIABILITY LAW ON SAFETY AND INNOVATION (Peter W. Huber And Robert E. Litan, eds.

Which Scientist Do You Believe - Process Alternatives in Technological Controversies

Beyond introducing these papers, Professor Field argues that those designing processes for tasks originally contemplated by the Science Court proposal should closely consider, e.g., intervening experience with alternative dispute resolution

IP Basics: Copyright in Visual Arts

This discussion focuses on the needs of free-lance artists, craftspeople, photographers, sculptors and the like

Comment on Orphan Works

Terms of absolute exclusion exceeding the shelf life of particular works give no advantage to authors and publishers, and compulsory licenses are a fair means to increase public access

Intellectual Property: The Practical and Legal Fundamentals

Patents, copyrights, trademarks and related interests are known as intellectual property (IP). It has not been long since patents especially were regarded in U.S. courts, and the Supreme Court in particular, as tools of monopolists, and their owners often fared poorly. However, people have come increasingly to view privately funded innovation as critical to national economic well-being and to agree that such innovation cannot occur unless companies that succeed in the marketplace can recoup their research, development and marketing costs. That is a major function of IP, and, particularly within the past dozen years, IP has been seen, both here and abroad, as playing a key role in developing technologies for the next century

Resource music for teaching American history

Thesis (Ed.M.)--Boston Universit

Copyrights and Beyond in the Digital Age

At one time, only works visible to the naked eye were copyrightable, but that has long since changed. Now, works capable of perception only by use of VCRs or computers, for example, enjoy the same protection as books, paintings and sculpture. In 1994, William S. Strong reported that he had heard Chicken Littles say that the sky is falling in on copyright owners in the digital age and predicted to the contrary. He was right; publishers\u27 problems may have changed in degree but not in kind. For important, if not critical, internet needs to be met, providers must recoup costs

IP Basics: Trademarks and Business Goodwill

This is information all business owners need if they wish to preserve their hard-won goodwill. It discusses, for example, the important differences between strong and weak marks for products and services, the value of state and federal registrations and the importance of searches (to avoid wasting money)