Michael O'Brien | Saint Mary's College of California (original) (raw)
Address: Saint Mary's College of California
1928 Saint Mary's Road, Moraga, CA 94556
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Papers by Michael O'Brien
This Article examines the issue of questionable patents cited by the FTC and looks at the problem... more This Article examines the issue of questionable patents cited by the FTC and looks at the problem of patents that are obvious in view of preexisting material. This Article then analyzes how unexpected results can be effective for proving patentability and concludes with a proposal for a rigid application of unexpected results to better discern which advances are beneficial to society and which are not. In particular, Part II of this paper explains the economic underpinnings of the Patent System. Part III discusses the legal underpinnings of the Patent System. Part IV describes the patent requirement of non-obviousness. Part V further elaborates on how declarations on an invention’s unexpected experimental results can be used to overcome rejections for non-obviousness. Part VI proposes using signal theory to determine non-obviousness of intentions when a declaration is submitted and provides a framework for doing so. Part VII concludes the article with a way forward in this regard.
Proceedings of the Western Academy of Legal Studies in Business, Feb 2013
The Supreme Court has held that enforcement of a patent procured by fraud on the U.S. Patent and ... more The Supreme Court has held that enforcement of a patent procured by fraud on the U.S. Patent and Trademark Office can violate of § 2 of the Sherman Act. However, the Supreme Court did not specify who had standing to assert such a claim and several disparate views have developed on the matter. This article compares and contrasts the history of these disparate views and whether they have achieved any of the desired outcomes of the Sherman Act. Additionally, the author suggests ways to increase the efficiency of antitrust enforcement for Walker Process claims.
Journal Of Law Philosophy and Culture, Jun 2011
This comment argues that the integrity of law requires that the moral right of the inventor be gi... more This comment argues that the integrity of law requires that the moral right of the inventor be given meaningful recognition as an essential normative reference in Congress’s construction of its overall patent scheme. From this perspective, this note argues that the balance proposed in the Patent Reform Act fails to satisfy the applicable normative standard, and, except as appropriately modified, ought to be rejected.
Part I of this note sets out existing patent registration procedures and then analyzes the changes to the Patent Statute proposed in the Patent Reform Act. Part II offers an understanding of universal moral principles that provide the minimal underpinnings of American law and indeed of law qua law. Part III applies such principles in order to frame and evaluate the general issues arising in property Law, including the law of intellectual property. Part IV states specific normative objections to the Patent Reform Act and proposes revision to the proposal for the sake of satisfying them.
This Article examines the issue of questionable patents cited by the FTC and looks at the problem... more This Article examines the issue of questionable patents cited by the FTC and looks at the problem of patents that are obvious in view of preexisting material. This Article then analyzes how unexpected results can be effective for proving patentability and concludes with a proposal for a rigid application of unexpected results to better discern which advances are beneficial to society and which are not. In particular, Part II of this paper explains the economic underpinnings of the Patent System. Part III discusses the legal underpinnings of the Patent System. Part IV describes the patent requirement of non-obviousness. Part V further elaborates on how declarations on an invention’s unexpected experimental results can be used to overcome rejections for non-obviousness. Part VI proposes using signal theory to determine non-obviousness of intentions when a declaration is submitted and provides a framework for doing so. Part VII concludes the article with a way forward in this regard.
Proceedings of the Western Academy of Legal Studies in Business, Feb 2013
The Supreme Court has held that enforcement of a patent procured by fraud on the U.S. Patent and ... more The Supreme Court has held that enforcement of a patent procured by fraud on the U.S. Patent and Trademark Office can violate of § 2 of the Sherman Act. However, the Supreme Court did not specify who had standing to assert such a claim and several disparate views have developed on the matter. This article compares and contrasts the history of these disparate views and whether they have achieved any of the desired outcomes of the Sherman Act. Additionally, the author suggests ways to increase the efficiency of antitrust enforcement for Walker Process claims.
Journal Of Law Philosophy and Culture, Jun 2011
This comment argues that the integrity of law requires that the moral right of the inventor be gi... more This comment argues that the integrity of law requires that the moral right of the inventor be given meaningful recognition as an essential normative reference in Congress’s construction of its overall patent scheme. From this perspective, this note argues that the balance proposed in the Patent Reform Act fails to satisfy the applicable normative standard, and, except as appropriately modified, ought to be rejected.
Part I of this note sets out existing patent registration procedures and then analyzes the changes to the Patent Statute proposed in the Patent Reform Act. Part II offers an understanding of universal moral principles that provide the minimal underpinnings of American law and indeed of law qua law. Part III applies such principles in order to frame and evaluate the general issues arising in property Law, including the law of intellectual property. Part IV states specific normative objections to the Patent Reform Act and proposes revision to the proposal for the sake of satisfying them.