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Beyond Invention: Patent As Knowledge Law

Madison, Michael J. (2011) Beyond Invention: Patent As Knowledge Law. Lewis & Clark Law Review, 15 (1). pp. 71-108. ISSN 1557-6582

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    Abstract

    The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.


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    Item Type: Article
    Creators/Authors:
    CreatorsEmailORCID
    Madison, Michael J.madison@pitt.edu
    Title: Beyond Invention: Patent As Knowledge Law
    Status: Published
    Abstract: The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.
    Date: 17 February 2011
    Date Type: Publication
    Journal or Publication Title: Lewis & Clark Law Review
    Volume: 15
    Number: 1
    Page Range: pp. 71-108
    Institution: University of Pittsburgh
    Refereed: Yes
    ISSN: 1557-6582
    Related URLs:
    Schools and Programs: School of Law > Law
    Date Deposited: 17 Aug 2011 12:09
    Last Modified: 17 Aug 2011 12:09

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