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Category Archives: Patent and Trademark

Trademark Functionality Reexamined

Bone, Robert G., Trademark Functionality Reexamined (May 28, 2015). Journal of Legal Analysis, Forthcoming ; U of Texas Law, Law and Econ Research Paper No. E557. Available for download at SSRN: http://ssrn.com/abstract=2611636 “The functionality doctrine in trademark law bars protection for some, but not all, source-identifying product features—so-called trade dress—that contribute to a product’s functionalContinue Reading

Freedom to Tinker

Samuelson, Pamela, Freedom to Tinker (May 11, 2015). Theoretical Inquiries in Law, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2605195 “People tinker with technologies and other human-made artifacts for a variety of reasons: to have fun, to be playful, to learn how things work, to discern their flaws or vulnerabilities, to build their skills, to becomeContinue Reading

What Administrative Law Can Teach the Trademark System

Wasserman, Melissa F., What Administrative Law Can Teach the Trademark System (May 7, 2015). Washington University Law Review, Vol. 93, 2016, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2603890 “In 2014, the Patent and Trademark Office (Trademark Office or Agency) made national headlines when it cancelled the Washington Redskins’ trademark registration. The Washington Redskins, a NationalContinue Reading

Big names or big ideas: Do peer-review panels select the best science proposals

“This paper examines the success of peer-review panels in predicting the future quality of proposed research. We construct new data to track publication, citation, and patenting outcomes associated with more than 130,000 research project (R01) grants funded by the U.S. National Institutes of Health from 1980 to 2008. We find that better peer-review scores areContinue Reading

Paper – New Ideas in Invention

New Ideas in Invention by Mikko Packalen, Jay Bhattacharya. NBER Working Paper No. 20922. Issued in January 2015. “A key decision in research is whether to try out new ideas or build on more established ideas. In this paper, we evaluate which type of work is more likely to spur further invention. When recent advancesContinue Reading

USPTO’s Plain Language Toolkit Empowers Public on Patent Litigation

Director’s Forum: A Blog from USPTO’s Leadership – September 15, 2014: “Following President Obama’s 2014 State of the Union call to curb abusive patent litigation, I joined with the National Economic Council and Secretary of Commerce Penny Pritzker to announce the progress the USPTO had made in response to some of the president’s executive actions onContinue Reading

Compendium of U.S. Copyright Office Practices, Third Edition

Released December 22, 2014. Download full text of the Compendium (1,288 pages). “Register of Copyrights Maria A. Pallante has released the Compendium of U.S. Copyright Office Practices, Third Edition (the “Third Edition”). The first major revision in more than two decades, the Third Editon presents more than 1200 pages of administrative practices and sets the stageContinue Reading

Lawsuits by Retired NFL Players Cause Jump in Trademark Filings

Transactional Records Access Clearinghouse: “The latest available data from the federal courts show that during September 2014 the government reported 705 new trademark lawsuits. This number is up 145 percent over the previous month and up 32.2 percent from a year ago. Most of the increase appears to be due to cases filed by retiredContinue Reading

Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets

Jones, D. R., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). South Texas Law Review, Vol. 56, No. 2, 2014 – Forthcoming; University of Memphis Legal Studies Research Paper No. 144. Available for download at SSRN: http://ssrn.com/abstract=2503089 “In several recent lawsuits, publishers sued law firms forContinue Reading

Patent Citations and Stock Performance: Constructing a Dynamic Industry Classification

Gay, Sebastien and Karger, Ezra, Patent Citations and Stock Performance: Constructing a Dynamic Industry Classification (September 15, 2014). Available for download at SSRN: http://ssrn.com/abstract=2496414 “Researchers in academia and the private sector use industry classifications to compare growth across and between industries, to construct industry indices, and to control for industry-level correlations of stocks over time. ButContinue Reading

Open Intellectual Property Casebook

“Duke’s Center for the Study of the Public Domain is announcing the publication of Intellectual Property: Law & the Information Society—Cases and Materials by James Boyle and Jennifer Jenkins. This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback printContinue Reading

Formerly Manufacturing Entities – Piercing the ‘Patent Troll’ Veil

Osenga, Kristen Jakobsen, Formerly Manufacturing Entities — Piercing the ‘Patent Troll’ Veil (August 5, 2014). Connecticut Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2476556 “Everyone hates patent trolls, those companies that “hijack somebody else’s idea” and use the patents to “extort some money” from companies that actually make things. But not all patent trolls are created equal.Continue Reading