| How ordinary judges and juries decide the seemingly complex technological questions of patentability over the prior art. | |
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MedLine Citation:
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PMID: 14714707 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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Determinations of patentability over the prior art are often thought to raise questions that are so technologically complex that they require special training and judgment to answer, especially in fast-moving fields like modern biotechnology. This essay explores the somewhat counterintuitive argument that under the U.S. system they do not and should not. According to this view, determinations of patentability over the prior art are based entirely on factual inquiries that are best made by lay judges and juries, just like the factual determinations these people regularly make in any ordinary nonpatent trial. This is good because judges and juries are adept at these determinations, and because appellate courts are adept at reviewing them. It leads to a system that is cheaper overall in allowing private litigants to better predict outcomes that also better approximate the correct answer than would be possible under other regimes premised upon the expert technological knowledge and judgment of a decisionmaker. |
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Authors:
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F Scott Kieff |
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Publication Detail:
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Type: Journal Article; Research Support, Non-U.S. Gov't |
Journal Detail:
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Title: Advances in genetics Volume: 50 ISSN: 0065-2660 ISO Abbreviation: Adv. Genet. Publication Date: 2003 |
Date Detail:
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Created Date: 2004-01-12 Completed Date: 2004-02-10 Revised Date: 2007-11-15 |
Medline Journal Info:
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Nlm Unique ID: 0370421 Medline TA: Adv Genet Country: United States |
Other Details:
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Languages: eng Pagination: 471-82; discussion 507-10 Citation Subset: IM |
Affiliation:
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Washington University School of Law, St. Louis, Missouri 63130, USA. |
Export Citation:
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| MeSH Terms | |
Descriptor/Qualifier:
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Biotechnology
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legislation & jurisprudence* Patents as Topic / legislation & jurisprudence* United States |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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