Chapter I: Patents English and Colonial Origins
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Patent Law As Public Law
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2012 Patent Law as Public Law Megan M. La Belle The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Intellectual Property Law Commons, and the Litigation Commons Recommended Citation Megan M. La Belle, Patent Law as Public Law, 20 GEO. MASON. L. REV. 41 (2012). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. 2012] PATENT LAW AS PUBLIC LAW Megan M La Belle* INTRODUCTION Public law, or public impact, litigation takes many forms. The para- digm of public law litigation includes structural challenges to public institu- tions like segregated schools and overcrowded prisons,' yet it also encom- passes employment discrimination, securities fraud, antitrust, and environ- mental cases.2 In his seminal article on the subject, Professor Abram Chayes explains that public law adjudication usually concerns complaints about governmental conduct, and is characterized by complex party struc- tures and requests for ongoing remedial measures that have widespread effects on individuals not before the court.' Public law adjudication is fur- ther typified by active judges who decide substantive matters and are re- sponsible for the overall management of the suit.4 Patent litigation historically has been regarded as private law litiga- tion, meaning "disputes between private parties about private rights."5 It has been compared to property, contract, and tort litigation, all of which fall within the realm of private law adjudication.6 Were patent litigation to con- Assistant Professor, The Catholic University of America, Columbus School of Law. -
Literary Property in Revolutionary France and America
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1990 A Tale of Two Copyrights: Literary Property in Revolutionary France and America Jane C. Ginsburg Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Comparative and Foreign Law Commons, and the Intellectual Property Law Commons Recommended Citation Jane C. Ginsburg, A Tale of Two Copyrights: Literary Property in Revolutionary France and America, 64 TUL. L. REV. 991 (1990). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/620 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. TULANE LAW REVIEW VOL. 64 MAY 1990 No. 5 A TALE OF TWO COPYRIGHTS: LITERARY PROPERTY IN REVOLUTIONARY FRANCE AND AMERICA JANE C. GINSBURG* I. INTRODUCTION The French and U.S. copyright systems are well known as opposites. The product of the French Revolution, French copy- right law is said to enshrine the author: exclusive rights flow from one's (preferred) status as a creator.' For example, a lead- * Associate Professor of Law, Columbia University. B.A. 1976, M.A. 1977, University of Chicago; J.D. 1980, Harvard University. Research for this Article was supported in part by the Columbia Law School Summer Research Grants program. Thanks to my colleagues George Bermann, Richard Briffault, Henry P. Monaghan, and Peter Strauss, and to Professor John Merryman, Stanford Law School, for valuable comments on earlier drafts. -
An Overview of Changes to the Patent Law of the United States After the Patent Law Treaty, 26 J
UIC Law Review Volume 26 Issue 3 Article 3 Spring 1993 An Overview of Changes to the Patent Law of the United States after the Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993) Richard C. Wilder Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Comparative and Foreign Law Commons, Intellectual Property Law Commons, International Law Commons, International Trade Law Commons, and the Transnational Law Commons Recommended Citation Richard C. Wilder, An Overview of Changes to the Patent Law of the United States after the Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993) https://repository.law.uic.edu/lawreview/vol26/iss3/3 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. AN OVERVIEW OF CHANGES TO THE PATENT LAW OF THE UNITED STATES AFTER THE PATENT LAW TREATY RICHARD C. WILDER* INTRODUCTION A. The Negotiations on the PatentLaw Treaty In 1984, negotiations began under the auspices of the World In- tellectual Property Organization ("WIPO")' to harmonize "grace period" provisions.2 These negotiations soon developed beyond their original scope and eventually led to the Diplomatic Confer- ence for the Conclusion of a Treaty Supplementing the Paris Con- vention as Far as Patents are Concerned ("Diplomatic Conference"). The first part of the Diplomatic Conference was held June 3 to 21, 1991. While a second part of the Diplomatic Con- ference was scheduled for July 12 to 30, 1993, 3 this has been post- 4 poned at the request of the United States of America. -
The Welsh Seal of the National Assembly for Wales
The Welsh Seal of the National Assembly for Wales The Great Seal of the Realm is the chief seal of the Crown, used to show the Monarch's approval of important state documents. The practice of using this seal began in the reign of Edward the Confessor in the eleventh century, when a double-sided metal matrix with an image of the Sovereign was used to make an impression in wax for attachment by ribbon or cord to Royal documents. The seal meant that the monarch did not need to sign every official document in person; authorisation could be carried out instead by an appointed officer. Between 2007 and 2011 proposed Measures passed by the National Assembly for Wales were subject to “Royal Approval”. Separate Great Seals exist for Scotland and Northern Ireland and, from 2011, a Seal for Wales now exists. Royal Assent Royal Assent is the Monarch's agreement to make a Bill into an Act of the National Assembly for Wales. Royal Assent is conferred by the Monarch signing Letters Patent under the Welsh Seal. The Monarch's agreement to give her assent to a Bill is automatic. Student Research Look for examples of Seals using your school library, local library and the internet. Also research Signet Rings which were worn as jewellery and used by individuals to seal their initials or coat of arms into wax seals on important documents and letters. Form of Letters Patent “ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the -
The Governor Genera. and the Head of State Functions
The Governor Genera. and the Head of State Functions THOMAS FRANCK* Lincoln, Nebraska In most, though by no means all democratic states,' the "Head o£ State" is a convenient legal and political fiction the purpose of which is to personify the complex political functions of govern- ment. What distinguishes the operations of this fiction in Canada is the fact that the functions of head of state are not discharged by any one person. Some, by legislative enactment, are vested in the Governor General. Others are delegated to the Governor General by the Crown. Still others are exercised by the Queen in person. A survey of these functions will reveal, however, that many more of the duties of the Canadian head of state are to-day dis- charged by the Governor General than are performed by the Queen. Indeed, it will reveal that some of the functions cannot be dis- charged by anyone else. It is essential that we become aware of this development in Canadian constitutional practice and take legal cognizance of the consequently increasing stature and importance of the Queen's representative in Canada. Formal Vesting of Head of State Functions in Constitutional Governments ofthe Commonnealth Reahns In most of the realms of the Commonwealth, the basic constitut- ional documents formally vest executive power in the Queen. Section 9 of the British North America Act, 1867,2 states: "The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen", while section 17 establishes that "There shall be one Parliament for Canada, consist- ing of the Queen, an Upper House, styled the Senate, and the *Thomas Franck, B.A., LL.B. -
The Value of Patents in the United States and Abroad: Guidelines for the General Practitioner
CORE Metadata, citation and similar papers at core.ac.uk Provided by Cornell Law Library Cornell International Law Journal Volume 8 Article 1 Issue 2 May 1975 The alueV of Patents in the United States and Abroad: Guidelines for the General Practitioner David Silverstein Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Silverstein, David (1975) "The alueV of Patents in the United States and Abroad: Guidelines for the General Practitioner," Cornell International Law Journal: Vol. 8: Iss. 2, Article 1. Available at: http://scholarship.law.cornell.edu/cilj/vol8/iss2/1 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. CORNELL INTERNATIONAL LAW JOURNAL Volume 8 May 1975 Number 2 The Value of Patents in the United States and Abroad: Guidelines for the General Practitioner DAVID SILVERSTEIN* Although infrequently called upon to address the more technical aspects of patent practice, the general practitioner may have many occasions to give advice concerning the strength and value of a domes- tic or foreign patent belonging to a client, a client's competitor, or a prospective licensor." Typically an international patent problem, which * Member of the Massachusetts Bar. B.S. 1968; J.D. 1973, Cornell University. The substance of this Article was originally presented to the International Business Transac- tions class at the Cornell Law School, March 1974. -
Canada's Evolving Crown: from a British Crown to A
Canada’s Evolving Crown 108 DOI: 10.1515/abcsj-2014-0030 Canada’s Evolving Crown: From a British Crown to a “Crown of Maples” SCOTT NICHOLAS ROMANIUK University of Trento and JOSHUA K. WASYLCIW University of Calgary Abstract This article examines how instruments have changed the Crown of Canada from 1867 through to the present, how this change has been effected, and the extent to which the Canadian Crown is distinct from the British Crown. The main part of this article focuses on the manner in which law, politics, and policy (both Canadian and non-Canadian) have evolved a British Imperial institution since the process by which the federal Dominion of Canada was formed nearly 150 years ago through to a nation uniquely Canadian as it exists today. The evolution of the Canadian Crown has taken place through approximately fifteen discrete events since the time of Canadian confederation on July 1, 1867. These fifteen events are loosely categorized into three discrete periods: The Imperial Crown (1867-1930), A Shared Crown (1931-1981), and The Canadian Crown (1982-present). Keywords: Imperial, the London Conference, the Nickle Resolution, the British North America Act, Queen Victoria, Sovereignty, the Statute of Westminster 109 Canada’s Evolving Crown Introduction Of Canadian legal and governmental institutions, the Crown sits atop all, unifying them by means of a single institution. This Crown has remained both a symbol of strength and a connection to Canada’s historical roots. The roots of the Crown run deep and can be traced as far back as the sixteenth century, when the kings of France first established the Crown in Canada in Nouvelle-France. -
Evergreening" Metaphor in Intellectual Property Scholarship
University of Missouri School of Law Scholarship Repository Faculty Publications Faculty Scholarship 2019 The "Evergreening" Metaphor in Intellectual Property Scholarship Erika Lietzan University of Missouri School of Law, [email protected] Follow this and additional works at: https://scholarship.law.missouri.edu/facpubs Part of the Food and Drug Law Commons, Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 Akron Law Review 805 (2019). Available at: https://scholarship.law.missouri.edu/facpubs/984 This Article is brought to you for free and open access by the Faculty Scholarship at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. DATE DOWNLOADED: Wed Jan 20 13:42:00 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 AKRON L. REV. 805 (2019). ALWD 6th ed. Lietzan, E. ., The "evergreening" metaphor in intellectual property scholarship, 53(4) Akron L. Rev. 805 (2019). APA 7th ed. Lietzan, E. (2019). The "evergreening" metaphor in intellectual property scholarship. Akron Law Review, 53(4), 805-872. Chicago 7th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship," Akron Law Review 53, no. 4 (2019): 805-872 McGill Guide 9th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship" (2019) 53:4 Akron L Rev 805. AGLC 4th ed. Erika Lietzan, 'The "Evergreening" Metaphor in Intellectual Property Scholarship' (2019) 53(4) Akron Law Review 805. -
Secret Prior Art and the Duty of Disclosure
DePaul Law Review Volume 30 Issue 4 Summer 1981 Article 3 Secret Prior Art and the Duty of Disclosure Bradley J. Hulbert Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Bradley J. Hulbert, Secret Prior Art and the Duty of Disclosure, 30 DePaul L. Rev. 819 (1981) Available at: https://via.library.depaul.edu/law-review/vol30/iss4/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. SECRET PRIOR ART AND THE DUTY OF DISCLOSURE Bradley J. Hulbert* The federal district courts and the Court of Customs and Patent Appeals have issued conflicting opinions as to the use of "secret, ' section 102 (g) technical developments as prior art to invalidate a patent. The courts should now rationalize the decisions so as to maintain the principle that only the first inventor is entitled to a patent. Moreover, the United States Patent and Trademark Office rules must be construed as specifically requiringapplicants to state what they know, or what they are in a position to find out, regard- ing whether the inventor is entitled to a patent in light of "secret" technical developments. I. INTRODUCTION A person who invents or discovers something useful may apply for a patent, a special type of contract with the United States government. 2 In return for fully disclosing how to make and use the new discovery 3 and thus * Allegretti, Newitt, Witcoff& McAndrews, Ltd., Chicago, Illinois. -
Patent Eligibility and Physicality in the Early History of Patent Law and Practice
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Arkansas at Little Rock: UALR Bowen Law Repository University of Arkansas at Little Rock Law Review Volume 38 Issue 2 Article 2 2016 Patent Eligibility and Physicality in the Early History of Patent Law and Practice Ben McEniery Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the European Law Commons, and the Legal History Commons Recommended Citation Ben McEniery, Patent Eligibility and Physicality in the Early History of Patent Law and Practice, 38 U. ARK. LITTLE ROCK L. REV. 175 (2016). Available at: https://lawrepository.ualr.edu/lawreview/vol38/iss2/2 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. PATENT ELIGIBILITY AND PHYSICALITY IN THE EARLY HISTORY OF PATENT LAW AND PRACTICE Ben McEniery* I. INTRODUCTION In recent times, the courts have been asked to determine whether, and to what extent, the patent system protects claims to inventions that do not involve a machine or other physical device and do not involve a physical transformation of matter from one state to another. It is uncontroversial that the patent system exists to provide an incentive to encourage the invention and commercialization of new products and processes and the disclosure by the patent applicant of information sufficient to enable a person skilled in the relevant field of technology to reproduce the claimed invention. -
Founding Choices in Innovation and Intellectual Property Protection B
Looking Backward: Founding Choices in Innovation and Intellectual Property Protection B. Zorina Khan INTRODUCTION From the distance of more than two hundred years, casual consideration of “the Founding” of American institutions tends to convey the impression of a defining discrete moment in time, the outcome of an epiphany experienced by the cadre of extraordinary individuals who established those early rules and standards. The intellectual property clause of the constitution especially might project this aura of inevitability because it was passed unanimously and without debate, with the intent to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Instead, a closer examination reveals a less coherent narrative, featuring conflicts among key players, political and personal compromises, and the evolution of views and doctrines over the years. In short, it is worth noting that the Founding was not a moment, but a process, and the Founders’ choices were initially expansive and fluid, before crystallizing into a system of patents and copyrights that was unique in its objective and structure relative to any other in the world then and since. The individuals who met in Philadelphia for the Constitutional Convention of 1787 clearly did not start with a blank slate nor with a well-defined consensus. The Articles of Confederation were a starting point for a number of political and economic issues, but this document failed to address questions of innovation and intellectual property. Instead, the policies that were introduced in the Constitution and the statutes that elaborated on the constitutional clause were developed from, and in reaction to, an array of other sources. -
The Succession to the Crown Bill
HOUSE OF LORDS Select Committee on the Constitution 11th Report of Session 2012–13 The Succession to the Crown Bill Report Ordered to be printed 16 January 2013 and published 21 January 2013 Published by the Authority of the House of Lords London : The Stationery Office Limited £price HL Paper 106 Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session with the following terms of reference: To examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution. Current membership Lord Crickhowell Baroness Falkner of Margravine Lord Goldsmith Lord Hart of Chilton Lord Irvine of Lairg Baroness Jay of Paddington (chairman) Lord Lang of Monkton Lord Lexden Lord Macdonald of River Glaven Lord Pannick Lord Powell of Bayswater Baroness Wheatcroft Declarations of interests A full list of members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests Publications All publications of the committee are available at: http://www.parliament.uk/hlconstitution Parliament Live Live coverage of debates and public sessions of the committee’s meetings are available at: http://www.parliamentlive.tv General information General information about the House of Lords and its committees, including guidance to witnesses, details of current inquiries and forthcoming meetings, is available at: http://www.parliament.uk/business/lords Committee staff and legal advisers The current staff of the committee are Nicolas Besly (clerk), Luke Wilcox (policy analyst) and Hadia Garwell (committee assistant).