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Rethinking Novelty in Patent Law
(Duke Law Journal, 2011)
The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those ...
Patently Impossible
(Vanderbilt Law Review, 2011)
The quest to achieve the impossible fuels creativity, spawns new fields of inquiry, illuminates old ones, and extends the frontiers of knowledge. It is difficult, however, to obtain a patent for an invention which seems ...
Atypical Inventions
(Notre Dame Law Review, 2011)
Patent law is constantly evolving to accommodate advances in science and technology. But, for a variety of reasons, some aspects of patent doctrine have not evolved over time leading to a growing disconnect between the ...