Intellectual Property Law Review 2019.

Volume 51

Journal

vii 805 pages ; [28] cm.

0193-4864

87 US

The articles in this year's edition of the Intellectual Property Law Review reflect topics most often seen in intellectual property related law review articles during the past year. In patents, concerns about the Supreme Court's decision in Alice continue to dominate. After all, some say that Alice is the worst decision by the Supreme Court on patents since passage of the 1952 Patent Act. Certainly Alice's impact on patents is of interest as well as of concern, and an article herein is directed specifically to the Supreme Court's current "patent litigation reform project." That article provides a thoughtful analysis of the Court's twenty-eight reversals of the Federal Circuit in patent cases since the year 2000 and provides reasons for bat Court's actions. One article herein provides a survey of the state of patents now, five years after Alice, and another article proposes special legislation for protecting software, similar to the Plant Variety Protection Act that Congress passed years ago to protect plants. While plants at first may not seem similar to software, there are some remarkable analogies between the two, as both plants and software involve "data manipulation." The articles about trademarks include important topics on subjects that practitioners may not often think about, but should consider. One such article discusses how federal courts' perspectives on trademarks differ from those of the Trademark Office, and why de novo review by a court is beneficial despite the Trademark Office's significant expertise on trademarks. Another article discusses in detail disclaimers of words in composite marks and advises of nuances and potential consequences not always readily appreciated during the trademark registration process. Another article discusses the continuing expansion of trademark law and why correction is needed.

Danvers, MA, USA : Thomson Reuters, 2019.

English