Browsing Law School by Author "Seymore, Sean B."

Now showing items 1-9 of 9

    • Foresight Bias in Patent Law 
      Seymore, Sean B. (Notre Dame Law Review, 2015)
      Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is ...
    • Patenting Around Failure 
      Seymore, Sean B. (University of Pennsylvania Law Review, 2018)
      Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office (Patent Office), which is criticized for doing a poor job of examining patents. But the story is more ...
    • Patenting New Uses for Old Inventions 
      Seymore, Sean B. (Vanderbilt Law Review, 2020)
      A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty-an invention must ...
    • Patenting the Unexplained 
      Seymore, Sean B. (Washington University Law Review, 2019)
      It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
    • Patenting the Unexplained 
      Seymore, Sean B. (Washington University Law Review, 2019)
      It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
    • Reinvention 
      Seymore, Sean B. (Notre Dame Law Review, 2017)
      It is axiomatic that once an invention has been patented, it cannot be patented again. This aligns with the quid pro quo theory of patents — the public would receive nothing new in exchange for the second patent. Enforcing ...
    • The Research Patent 
      Seymore, Sean B. (Vanderbilt Law Review, 2021)
      The patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the ...
    • Symposium: The Disclosure Function of the Patent System 
      Seymore, Sean B. (Vanderbilt Law Review, 2016)
      Achieving a robust disclosure from patent applicants is no easy task because it brings to the fore competing goals of the patent system. For example, the law must strike a balance between its interest in early disclosure ...
    • Uninformative Patents 
      Seymore, Sean B. (Houston Law Review, 2017)
      It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But ...