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Legal Research Papers
I have published two legal papers so far. The original working paper versions on SSRN are marked as being in the public domain.
Marking the Software Patent Beast
This paper, readable by non-lawyers, discusses why it is difficult to know when software patents are infringed. It suggests that if software patent owners were required to mark their products with their patent numbers (in the same way that, say, a Cannondale bicycle frame has patent numbers printed on it), much of the practical difficulty with software patents would be overcome.
The published version is available for download but is not in the public domain. The original SSRN version is. This article was featured on the news blog Slashdot and was published in the Stanford Journal of Law, Business, and Finance.
Revisiting the On-Sale Bar After Pfaff
This paper discusses the on-sale bar, a technical aspect of patent law. It argues for striking “on sale” from 35 U.S.C. § 102(b) and inserting “in commercial use or delivered.”
Congress toyed with reforming the patent system with the proposed Patent Act of 2005. Although Congress recessed without acting on the bill, it is due to come out of committee after Labor Day. I submitted a letter and proposed bill arguing that my language would overcome some difficulties in both the old and proposed Acts.
The preferred version is on SSRN. An earlier version was published and can be found on Lexis or Westlaw.