Product and process patent protection in biotechnology: too much or too little?

Article Abstract:

Equitable patent laws for the biotechnology industry will protect intellectual property and encourage the development of new products and technologies. Current law is broadly based on principles of literal infringement and of equivalents. However, these have been too strictly applied, for example, when an old product is produced by newly discovered, superior means. On the other hand, the doctrine of equivalents should apply as in cases involving process or product claims if the inventor has a product-by-process patent. There is proposed legislation before the 102d Congress that is adequate to protect US patents from foreign infringement.

Biotechnology industry, Biotechnology industries, Intellectual property

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Harmonization of the Patent Act and federal trade dress law: a critique of Vornado Air Circulation Systems v. Duracraft Corp

Article Abstract:

The United States Court of Appeals for the 10th Circuit ruled in Vornado Air Circulation Systems v. Duracraft Corp. that patent law preempts trademark protection of the product configuration where the disputed product configuration forms a 'significant inventive component' of the patented invention, even if the product configuration is not functional. By concentrating on a product configuration which was a significant inventive component, the court confused matters. Patents are granted to whole inventions, not significant inventive components. Other errors of the decision are criticized.

Trade dress (Trademark law), Trade dress, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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Omission possible: Nobelpharma v. Implant Innovations makes material omissions in patent applications a possible source of liability for antitrust counterclaims

Article Abstract:

A 1998 Federal Circuit opinion allowing antitrust liability immunity to be removed from patent infringement plaintiffs if their patent was fraudulently procured through material omission, such as failure to discuss best mode, is analyzed. Patent infringement and antittrust counterclaims law are analyzed and the court's decision is critiqued.

United States, Cases, Omission (Law)

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