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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). 71 - 108. ISSN 1557-6582

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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
Status: Published
CreatorsEmailPitt UsernameORCID
Madison, Michael J.madison@pitt.eduMADISON0000-0001-6503-754X
Date: 17 February 2011
Date Type: Publication
Journal or Publication Title: Lewis & Clark Law Review
Volume: 15
Number: 1
Page Range: 71 - 108
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
School of Law > Law > Faculty Publications
Refereed: Yes
ISSN: 1557-6582
Related URLs:
Date Deposited: 17 Aug 2011 16:09
Last Modified: 25 Aug 2017 05:08


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