Among intellectual property (" IP") doctrines, only utility patents should protect function. Utility
patents offer strong rights that place constraints on competition, but they only arise when …

In the past decade, the US patent system has been transformed. Before Congress passed
the America Invents Act (AIA) in 2011, the validity of issued patents was decided almost …

ABSTRACT A trademark is created when a new meaning is added to an existing word or
when a new word is invented in order to identify the source of a product. This Article …

Critics have long maligned private antitrust enforcement as ineffective, impotent, and even
dangerous to competitive markets. Since 2005, these doom merchants have succeeded in …

Because it must rely on imperfect information, the patent system will inevitably make
mistakes. To determine how the system ought to err in cases of uncertainty—and whether a …

" An individual 18 or more years of age who is of sound mind may make a will."'This
provision of the Uniform Probate Code (UPC), which reflects the longstanding laws of nearly …

Intellectual property is not a homogeneous body of law. There are several distinct
intellectual property regimescopyright, trademark, utility patent, and design patent, most …

Copyright law holds that, in most cases, infringement determinations are the" exclusive
province of the jury," I and many believe that this is a problem. 2 The scope of copyright …

The method by which probate courts authenticate wills necessarily strikes a balance
between false-positive outcomes and false-negative outcomes. A false-positive outcome …

The global trend towards heightened protection for geographical indications (GIs) has been
bolstered by the incorporation of anti-evocation provisions in various bilateral and regional …