Stanford Law Review

Stanford Law Review is a journal on law published bi-monthly by Stanford Law School, in Stanford, Calif., for lawyers, law teachers and law students.

Articles from Vol. 63, No. 6, June

Forty Years of Wondering in the Wilderness and No Closer to the Promised Land: Bilski's Superficial Textualism and the Missed Opportunity to Return Patent Law to Its Technology Mooring
INTRODUCTION I. THE ARC OF PATENTABLE SUBJECT MATTER LIMITATIONS A. The Formative Period B. Evolution of the Scope of Patentable Subject Matter to the Modern Era 1. "Art" 2. Natural principles C. The Patent Act of 1952 ...
From Bilski Back to Benson: Preemption, Inventing around, and the Case of Genetic Diagnostics
INTRODUCTION I. PREEMPTION A. The "Whether" Inquiry B. The "How" Inquiry II. GENETIC DIAGNOSTICS A. The Science of Genetics B. The Effect of Patenting III. LESSONS A. The Ability to Invent Around B. Interoperability C. Breadth...
Life after Bilski
INTRODUCTION I. THE RETURN OF MACHINE-OR-TRANSFORMATION A. The History of Patenting Software B. The Persistence of the Machine-or-Transformation Test C. The Perils of the Machine-or-Transformation Test II. THE THEORY OF SUBJECT MATTER...
The Future of Patents: Bilski and Beyond: Introduction
The 2011 Stanford Law Review Symposium, "The Future of Patents: Bilski and Beyond," explores the impact of the recent Supreme Court case Bilski v. Kappos (1) on technological innovation and the patent system. The articles presented in this Issue address...
Whose Body Is It Anyway? Human Cells and the Strange Effects of Property and Intellectual Property Law
INTRODUCTION I. PROPERTY RIGHTS IN HUMAN CELLS II. WHERE DOES NATURE END AND HUMAN INVENTION BEGIN.'? CONCLUSION INTRODUCTION There are many aspects of our lives over which we can exercise what can be called ownership, control, or dominion....
Why Business Method Patents?
INTRODUCTION I. THE ACTIVIST COURT HYPOTHESIS AND ITS FLAWS A. The Patent in State Street Was an Issued Patent B. The Executive Branch Moved First in Eliminating Its Business Method Exception C. State Street Followed En Banc...