32 hasil untuk "Burk, Dan L."
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Artikel Jurnal Teks lengkap
Dolly and Alice
The opinion of the United States Court of Appeals for the Federal Circuit, In re Roslin Institute, rejecting patent claims to mammals cloned from somatic cells, was rendered about a month before the United States Supreme Court's decision in Alice Corp. v. CLS Bank International. The Alice opinion…
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Artikel Jurnal Teks lengkap
Beyond abstraction: applying the brakes to runaway patent ineligibility
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Preprint Teks lengkap
Is Patent Law Technology Specific?
Although patent law purports to cover all manner of technologies, we have noticed recent divergence in the standards applied to biotechnology and to software patents: the Federal Circuit has applied a very permissive standard of obviousness in biotechnology, but a highly restrictive disclosure…
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Patent Performativity
Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory…
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Artikel Jurnal Teks lengkap
Cheap Creativity and What It Will Do
Artificial intelligence (AI), in the form of machine learning systems, is becoming widely deployed across many industries to facilitate the production of new technical or expressive works. Among other applications, these technologies promise rapid product design and creation, often exceeding the…
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Artikel Jurnal Teks lengkap
Causation and Conception in American Inventorship
Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result…
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Protection of Trade Secrets in Outer Space Activity: A Study in Federal Preemption
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Artikel Jurnal Teks lengkap
Algorithmic Legal Metrics
Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further…
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Artikel Jurnal Teks lengkap
Diversity Levers
Patent law is capable of prompting innovation across a wide range of technologies by virtue of flexible “policy levers” that allow patent standards to be calibrated to the impediments that characterize different economic sectors. But it has become increasingly clear that social bias also raises…
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Perverse Innovation
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological…
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Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks
Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been…
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Artikel Jurnal Teks lengkap
Patents and State Constitutionally Protected Speech
Recent American patent scholarship has begun to explore the intersection of the patent system and guarantees of expressive freedom, noting that patents may impinge on the First Amendment to the Federal Constitution and chill or prohibit protected speech. But guarantees of expressive freedom are not…
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Algorithmic Fair Use
Legal governance and regulation are becoming increasingly reliant on data collection and algorithmic data processing. In the area of copyright, online protection of digitized works is frequently mediated by algorithmic enforcement systems intended to purge illicit content and limit the liability of…
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Muddy Rules for Cyberspace
Digital communication media such as the Internet pose difficult challenges for traditional forms of intellectual property protection. Much recent scholarship and considerable governmental attention has been focused on adapting and expanding copyright to encompass digital works of authorship. These…
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Artikel Jurnal Teks lengkap
Method and Madness in Copyright Law
Copyright law is a source of nearly endless scholarly fascination because of the paradoxes, the absurdities, the contradictions in its doctrines. Lewis Carroll's White Queen had nothing on copyright law. Copyright asks us to accept far more than six impossible, almost nonsensical assertions as part…
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Artikel Jurnal Teks lengkap
The Curious Incident of the Supreme Court in Myriad Genetics
Often what is not said is as significant as what is said. In its recent Myriad Genetics decision, the United States Supreme Court is curiously silent about the relationship between its holding in that case and the holding in its immediately previous patent subject matter case, Mayo v. Prometheus…