September 24, 2010 07:27 Age: 4 yrs

Holbrook's Lecture Highlighted in BNA's Patent, Trademark and Copyright Journal

By: Holbrook, Timothy

The BNA's Patent, Trademark and Copyright Journal highlighted Professor Tim Holbrook's recent presentation in the intellectual property lecture series at George Washington University School of Law. In the talk, Professor Holbrook presented his article, Patents, Presumptions, and Public Notice, forthcoming in the Indiana Law Journal. He argues that the U.S. Court of Appeals for the Federal Circuit has begun to treat patent documents as purely legal instruments, instead of being both legal and technical texts. To counter this trend and the problems that arise from this approach, he argues that the courts should use the patent document and the record from the Patent Office to provide a presumptive interpretation of the patent or assessment of the sufficiency of the patent's disclosure. Then, courts should look to evidence from the relevant field to determine whether that is how a technologist would view the information. This approach gives primacy to the patent document, enhancing public notice, while also affording appropriate consideration to the technical components of the patent.

The BNA article is available at: http://news.bna.com.proxy.library.emory.edu/ptln/PTLNWB/split_display.adp?fedfid=17833444&vname=ptcjnotallissues&fn=17833444&jd=a0c4e8c4e6&split=0

Professor Holbrook's article is available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1650819

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