Invention disclosure services: needed change for a needed system
Article Abstract:
Many critics charge invention promotion services with defrauding investors of their investment, but little case law supports the claim that the services provided by such firms prevent inventors from obtaining patent rights for their inventions. Invention disclosure agreements and the limited description of an invention in promotion catalogues do not suffice for the threshold for public knowledge, sales activities, or printed publications to bar patentability of the invention under 35 USC 102(a) or 102(b). The federal law as implemented by the FTC in Operation Mousetrap regulates these services, and some states have laws as well.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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Retroactivity and legal change: an equilibrium approach
Article Abstract:
Equilibrium theory can be employed to reveal that judicial and statutory retroactivity issues should be resolved based on the stability of existing regulatory structures. Retroactivity jurisprudence has suffered because of false distinctions drawn between statutory law and judge-made law as well as the influence of unspoken political agendas. Equilibrium theory can be used to determine whether the legal changes that are being made are being made to a stable area of law. When stability is present, retroactive legal change results in much higher transactions costs and should be avoided.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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The legal battles of G.I. Joe: the jurisprudence of distinctive fingernails, actions figures, ninjas, and distinguished marines
Article Abstract:
The G.I. Joe action figure is a good candidate for protection through patent litigation due to its longstanding popularity, and G.I. Joe's fan base grows as the figure grows older. Alleged use of G.I. Joe's likeness without permission has also increased with its long-lasting popularity, and the resulting case law has helped to shape intellectual property law. Various cases are summarized.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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