Tag: intellectual property

IP Without IP? A Study of the Online Adult Entertainment Industry

Kate Darling

Existing copyright policy is based largely on the utilitarian theory of incentivizing creative works. This Article looks at content production incentives in the online adult entertainment industry. A recent trend of industry-specific studies tries to better understand the relationship between intellectual property (IP) and creation incentives in practice. This Article makes a contribution to the literature by analyzing a major entertainment content industry where copyright protection has been considerably weakened in recent years.... Read more about IP Without IP? A Study of the Online Adult Entertainment Industry

  • November 2, 2014
  • 17 Stan. Tech. L. Rev. 709

Ripple Effects in the Law: The Broadening Meaning of "Offer to Sell" in Patent Law

Lucas S. Osborn

The law’s complexity is such that even apparently minor changes can have numerous “ripple” effects. This Article examines the ripple effects from a potential broadening of patent law’s definition of an infringing “offer to sell.” Currently, courts limit “offers” to formal, contract-law offers; but a policy analysis suggests that “offers” should include advertisements and other promotions, which harm patentees via price erosion.... Read more about Ripple Effects in the Law: The Broadening Meaning of "Offer to Sell" in Patent Law

  • September 15, 2014
  • 17 Stan. Tech. L. Rev.

Overlapping Intellectual Property Doctrines: Election of Rights Versus Selection of Remedies

Laura A. Heymann

Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.... Read more about Overlapping Intellectual Property Doctrines: Election of Rights Versus Selection of Remedies

  • April 1, 2014
  • 17 Stan. Tech. L. Rev. 239

Volume 17, Issue 1 of the Stanford Technology Law Review

STLR Editors

We are pleased to announce the publication of Issue 1 of Volume 17 of the Stanford Technology Law Review. The Articles in this issue are leading scholarship on design patents, on topics ranging from the doctrine’s theoretical underpinnings, to the scope of design patent protection, to the proper remedy for infringement.... Read more about Volume 17, Issue 1 of the Stanford Technology Law Review

Progress and Competition in Design

Mark P. McKenna & Katherine J. Strandburg

This Article argues that applying patent-like doctrine to design makes sense only for a design patent system premised on a patent-like conception of cumulative progress that permits patent examiners and courts to assess whether a novel design reflects a nonobvious step beyond the prior art. If there is a meaningful way to speak of such an inventive step in design, then design patent doctrine should be based on that conception. But if nonobviousness has no sensible meaning in design, then a patent system cannot work for design.... Read more about Progress and Competition in Design

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 1

Functionality and Graphical User Interface Design Patents

Michael Risch

Modern designers of graphical user interfaces, or GUIs, have obtained design patent protection for creative computer software displays, a realm previously limited to copyright. The difference in protection is important because design patents do not traditionally allow the same defenses—like fair use—associated with copyright. Apple’s nearly billion-dollar judgment against Samsung, which included such a GUI patent, brought this issue to the forefront.This Article answers three emerging questions:... Read more about Functionality and Graphical User Interface Design Patents

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 53

Virtual Designs

Jason J. Du Mont & Mark D. Janis

Industrial design is migrating to the virtual world, and the design patent system is migrating with it. The U.S. Patent and Trademark Office (USPTO) has already granted several thousand design patents on virtual designs, patents that cover the designs of graphical user interfaces for smartphones, tablets, and other products, as well as the designs of icons or other artifacts of various virtual environments. Many more such design patent applications are pending; in fact, U.S.... Read more about Virtual Designs

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 107

(R)evolution in Design Patentable Subject Matter:The Shifting Meaning of "Article of Manufacture

William J. Seymour & Andrew W. Torrance

Design patents protecting electronic designs, including computer-generated imagery (CGI), have rapidly become an important and valuable intellectual property asset class. Designs for CGIs have enjoyed design patent protection since 1996, when the United States Patent and Trademark Office (USPTO) reversed its original position that CGI were not design patent eligible. Previously, the USPTO consistently rejected design applications claiming CGI for failure to meet the “design for an article of manufacture” requirement of 35 U.S.C. § 171.... Read more about (R)evolution in Design Patentable Subject Matter:The Shifting Meaning of "Article of Manufacture

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 183

A Rational System of Design Patent Remedies

Mark A. Lemley

A design patent owner who wins her suit is entitled to the defendant’s entire profit from the sale of the product, whether or not the design was the basis for buying the product. No other IP regime has this rule, and it makes no sense in the modern world, where a design may cover only a small component of a valuable product. The culprit is § 289 of the Patent Act, a provision added in the nineteenth century, when design patents were very different than they are today. We should abolish § 289 and bring rationality to design patent remedies. Read more about A Rational System of Design Patent Remedies

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 219

Moving Beyond the Standard Criticisms of Design Patents

Sarah Burstein

The U.S. design patent system has been widely criticized. Certain arguments against design patents have been made so often—and accepted so uncritically—that one might believe that the case against design patents was overwhelming and that the failure of the system was beyond dispute. These standard criticisms can be grouped into three main categories: (1) designs aren’t patent subject matter; (2) patent requirements are not “appropriate” for designs; and (3) patent protection is overbroad. This article examines each of these standard criticisms and concludes that they are not persuasive.... Read more about Moving Beyond the Standard Criticisms of Design Patents

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 305

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