ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Patent Law Blogs -> IPBiz

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Patent Law

: IPBiz

"Misbegotten preemptions" as applied to the patent quality issue

By Lawrence B. Ebert, Esq.

ADVERTISEMENTS
There is an editorial titled "Misbegotten Preemptions" that appears in the journal Science in May [320 Science 585]. Nominally, Donald Kennedy is criticizing a proposition: When the FDA acts, state torts must defer.

Kennedy notes

"First, the FDA is badly underfunded."

Then, Kennedy writes

"Second, ... unable to secure a guarantee of safety."

These observations apply equally well to the USPTO. The USPTO is badly underfunded.
The USPTO, lacking laboratories, is unable to verify anything that is sent to it in the form of experimental results. It cannot guarantee that anything is right.

If some things turn out wrong, the issues can be litigated.

Full post as published by IPBiz on May 12, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Zantac Patent
GlaxoSmithKline and Cypress Pharmaceutical settle patent infringement dispute.

Soliris Patent
Alexion Pharmaceuticals Inc. agrees to pay the Oklahoma Medical Research Foundation a $10 million patent infringement settlement.

Mr. Brown Instant Coffee
Possible Melamine Contamination Prompts Canadian Agency to Issue Warning

DRAM Patent
ProMOS Technologies and Mosel Vitelic pay MOSAID Technologies an undisclosed patent infringement settlement.

Walt Disney
alleging a Sikh American applied for a job with Disney but was told he did not have the "Disney look" - apparently referring to his beard and turban, which is required by his religion.

Clearwire Service
alleging poor quality and unfairly charging early termination fees.

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0128 secs (new cache)