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« Conference & CLE Calendar | Main | Amgen Inc. v. Sandoz Inc. (Fed. Cir. 2023) »

April 16, 2023

Comments

Pardon the application of jargon, but Copyright appears to present an easier call in comparison to patents.

By this, I note that Copyright is not encumbered by the necessity of passing a type of 103 test — that is, Copyright is only concerning itself with an authorship question.

Patent law is now (even if no one is discussing it yet) at a point to which the non-human legal fiction of a Person Having Ordinary Skill In The Art presents a bar to proper grant of patents, and this bar represents a State of the Art that ever more so will include non-human inventions.

This problem is only exacerbated with the ‘trend’ of treating 103 art as mere aggregates of 102 art (witness the decline of “motivation to combine” to merely being “motivation”).

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