Discipline | Intellectual property law |
---|---|
Language | English |
Edited by | Miles C.Skedsvold |
Publication details | |
History | 1993-present |
Publisher | |
Frequency | Biannually |
Standard abbreviations | |
Bluebook | J. Intell. Prop. L. |
ISO 4 | J. Intellect. Prop. Law |
Indexing | |
LCCN | 94655043 |
OCLC no. | 30014024 |
Links | |
Journal of Intellectual Property Law is a biannual student-edited law review covering intellectual property law published by the University of Georgia School of Law. The journal covers trademarks, patents, copyright law, trade secrets, internet law, and sports and entertainment law. [1]
The journal was established in 1993 to respond to what the United States Circuit Court of Appeals judge Stanley F. Birch, Jr. described as "[t]he need for greater exposition on the law of intellectual property." [2] In 2010, the Supreme Court of the United States cited the journal in Justice John Paul Stevens' concurring opinion in Bilski v. Kappos . [3] In 2015, Washington and Lee University's Law Journal Rankings placed the journal among the top twenty five intellectual property law journals with the highest impact factor, and among the top ten most cited by cases. [4]
The journal is abstracted or indexed in:
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations.
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.
Giles Sutherland Rich was an Associate Judge of the United States Court of Customs and Patent Appeals (CCPA) and later on was a United States Circuit Judge of the United States Court of Appeals for the Federal Circuit (CAFC), and had enormous impact on patent law. He was the first patent attorney appointed to any federal court since Benjamin Robbins Curtis was appointed to the Supreme Court in 1851.
The University of Iowa College of Law is the law school of the University of Iowa, located in Iowa City, Iowa. It was founded in 1865. Iowa is ranked the 28th-best law school in the United States by the U.S. News and World Report "Best Law School" rankings.
Gottschalk v. Benson, 409 U.S. 63 (1972), was a United States Supreme Court case in which the Court ruled that a process claim directed to a numerical algorithm, as such, was not patentable because "the patent would wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself." That would be tantamount to allowing a patent on an abstract idea, contrary to precedent dating back to the middle of the 19th century. The ruling stated "Direct attempts to patent programs have been rejected [and] indirect attempts to obtain patents and avoid the rejection ... have confused the issue further and should not be permitted." The case was argued on October 16, 1972, and was decided November 20, 1972.
In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385, was an en banc decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods. The Federal Circuit court affirmed the rejection of the patent claims involving a method of hedging risks in commodities trading. The court also reiterated the machine-or-transformation test as the applicable test for patent-eligible subject matter, and stated that the test in State Street Bank v. Signature Financial Group should no longer be relied upon.
Dann v. Johnston, 425 U.S. 219 (1976), is a decision of the United States Supreme Court on the patentability of a claim for a business method patent.
The University of Akron School of Law is the law school at the University of Akron in Akron, Ohio, USA. Offering both the J.D. and LL.M. degrees, it was founded in 1921 as the Akron School of Law and merged with the University of Akron in 1959, becoming fully accredited by the American Bar Association in 1961. Since 1921, the school has produced over 6,000 graduates who have gone on to careers in the private and public sectors, including several notable judges and politicians. Located across from E. J. Thomas Hall on University Avenue, the University of Akron School of Law is housed in the C. Blake McDowell Law Center on the northwest portion of the University of Akron campus. It also houses the Joseph G. Miller and William C. Becker Institute for Professional Responsibility and The University of Akron Center for Constitutional Law, one of only four constitutional law centers established by Congress in the United States.
The Journal of the Patent and Trademark Office Society is a quarterly peer-reviewed law journal covering intellectual property law. It was established in 1918.
David "Dave" J. Kappos is an attorney and former government official who served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) from 2009 to 2013. Kappos is currently a partner at New York law firm Cravath, Swaine & Moore.
Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101." In so doing, the Supreme Court affirmed the rejection of an application for a patent on a method of hedging losses in one segment of the energy industry by making investments in other segments of that industry, on the basis that the abstract investment strategy set forth in the application was not patentable subject matter.
The Indiana University Maurer School of Law is located on the campus of Indiana University in Bloomington, Indiana. The school is named after Michael S. "Mickey" Maurer, an Indianapolis businessman and 1967 alumnus who donated $35 million in 2008. From its founding in 1842 until Maurer's donation, the school was known as the Indiana University School of Law – Bloomington.
CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, is a United States Court of Appeals for the Federal Circuit case that disputed patent eligibility for the '154 patent, which describes a method and system for detecting fraud of credit card transactions through the internet. This court affirmed the decision of United States District Court for the Northern District of California which ruled that the patent is actually unpatentable.
Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), was a 2014 United States Supreme Court decision about patent eligibility. The issue in the case was whether certain patent claims for a computer-implemented, electronic escrow service covered abstract ideas, which would make the claims ineligible for patent protection. The patents were held to be invalid because the claims were drawn to an abstract idea, and implementing those claims on a computer was not enough to transform that abstract idea into patentable subject matter.
The UCLA Journal of Environmental Law and Policy is a student-run law review published at the University of California, Los Angeles, School of Law. The journal primarily publishes articles and comments discussing environmental law and policy and related subjects.
The Stanford Environmental Law Journal is a student-run law review published at Stanford Law School that covers natural resources law, environmental policy, law and economics, international environmental law, and other related disciplines.
The Journal of Environmental Law and Litigation is a student-run law review published at University of Oregon School of Law. The journal publishes articles and essays about environmental law, natural resources law, and litigation relating to these fields.
The Columbia Journal of Environmental Law is a student-run law review published at Columbia University's School of Law. The journal primarily publishes articles, notes, and book reviews discussing environmental law and policy and related subjects.
The New York University Environmental Law Journal is a student-run law review published at the New York University School of Law. The journal primarily publishes articles and notes that discuss topics involving environmental law, land-use law, and other related disciplines.
The Arizona State Law Journal is a quarterly student-edited law review covering the law and law-related topics published at the Sandra Day O'Connor College of Law. It was established in 1969 as Law and the Social Order, obtaining its current title in 1974. In the period from 2008 to 2015, the journal was the 66th most-cited law review by American courts and the ninety-fifth cited journal by other law reviews.