Author Micah Kindred discusses NFT intellectual property rights in part two of an article series on the current NFT landscape.
Patents and AI-Generated Works: Should AI Be Designated as Inventors?
In her most recent article for the University of Cincinnati Law Review Blog, Associate Member Emmaline Fisher discusses the issue of inventorship for AI-generated works.
Patent Evergreening and the Response by the USPTO and FDA
In her most recent blog post, Associate Member Emmaline Fisher discusses patent evergreening, its effects on prescription drug prices, and the USPTO’s and the FDA’s response to President Biden’s Executive Order that this issue be addressed and fixed.
The Limitations of the CASE Act on Copyright Trolls and a Possible Solution to this Problem
In her first article for the UC Law Review Blog, Associate Member Emmaline Fisher discusses the Copyright Alternative in Small Claims Enforcement Act and explores a solution to concerns about copyright troll claimants.
Limiting Limited Liability in Copyright Infringement Suits
Photo: liability by Marco Verch under CC BY 2.0 Mike Chernoff, Associate Member, University of Cincinnati Law Review I. Introduction A copyright holder has the exclusive right to reproduce his copyrighted work, prepare derivative works, and distribute copies of the work.[1] If these rights are violated, the party responsible for the violation can be found to have infringed on the... Continue Reading →
A Work Made For Hire Analysis of Code Revision Commission v. Public.Resource.Org, Inc.
"Law Books" by Mr.TinDC is licensed under CC BY-NC-ND 2.0. Mike Chernoff, Associate Member, University of Cincinnati Law Review I. Introduction In the United States, copyright protection can be extended to original works of authorship fixed in any tangible medium.1 However, this protection is restricted for works that have been created as a statement of... Continue Reading →
The Expanding Blocking Patent Doctrine: a Reversal of Burden of Proof?
"Patents, Pez #1" by etorov is licensed under CC BY-SA 2.0. Nathan Potter, Blog Editor, University of Cincinnati Law Review I. Introduction Overcoming obviousness is becoming increasingly difficult in some industries due to competitors seeking “blocking” patents.[1] A blocking patent is obtained by one patentee to restrict the make, use, sale, and/or export of an earlier... Continue Reading →
The State of Personalized Medicine in Patent Law
"DNA" by e.coers is licensed under CC BY-SA 2.0. Kris Schroder, University of Cincinnati Law Review I. INTRODUCTION In his 2015 State of the Union Address, President Barack Obama launched the Precision Medicine Initiative, which would “lead a new era of medicine -- one that delivers the right treatment at the right time.”[1] The mission... Continue Reading →
Federal Circuit Contradicts Itself in Playdom Service Mark Ruling
Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On March 2, 2015, the United States Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to cancel David Couture’s registration on the mark PLAYDOM.[1] The Federal Circuit found that Couture, who applied to register the mark on... Continue Reading →
Planting Innovation: A Look into Plant Patent Protection and the Deficiencies of the Plant Protection Act and Plant Variety Protection Act
Author: Ashley J. (Clever) Earle, Contributing Member, University of Cincinnati Law Review When thinking about patent protection, most individuals likely picture what patent attorneys describe as a “widget”—a physical, mechanical invention. Patent protection however, covers a much broader spectrum of inventions. It may seem natural to grant patents to protect new innovations such as chemical... Continue Reading →