The Federal Circuit and In re Deuel: does s. 103 apply to naturally occurring DNA?
Article Abstract:
Newly retrieved DNA sequences obtained from amino acid counterparts have been held by a federal court to be nonobvious, a condition required for patentability under s. 103 of the Patent Act. However, the ruling by the Court of Appeals for the Federal Circuit in the Deuel case protects DNA sequences by diluting the nonobviousness requirement useful in biotechnology law. A better approach might be to protect DNA sequences under a right based on the informational aspects of the products, similar to protections available to patently obvious microchips under the Semiconductor Chip Protection Act.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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Time to dilute to dilution statute and what not to do when opposing legislation
Article Abstract:
Academics were unable to effectively oppose passage of the Federal Trademark Dilution Act of 1995 because they relied too heavily on philosophical arguments and failed to convey practical concerns convincingly. In one article by Kenneth Port that voiced opposition to the expansion of trademark dilution protection, Port failed to address the international and political forces that were motivating Congress and President Clinton. The philosophical arguments made did not address the types of practical concerns that are likely to convince non-academics.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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