Eighty Degrees in Boston, in April: A Problem Best Suited for Intellectual Property?
Alice Yoon Humanity is currently losing the fight against climate change. As temperatures continue to rise, immediate and affirmative action must be taken to reduce greenhouse gas emissions. The development and implementation of technology that can mitigate climate change, known as “green technology,” will be critical moving forward. A commonly proposed method for incentivizing the development of green technology is strengthening intellectual property rights for companies who develop such technology. Nevertheless, considering the recent harmful role intellectual property rights played during the COVID-19 pandemic, it is unclear whether emphasizing increased access to patent rights for green technology will actually lead...
Crime and Punishment: Holding Russia Accountable for Weakening Foreign Entities’ Intellectual Property Rights
Eliot Usherenko The Russian government has deliberately weakened intellectual property right protections for entities from “unfriendly countries.” Following Moscow’s invasion of Ukraine and the subsequent imposition of economic sanctions by the United States and its allies, the Kremlin launched policies targeting Western businesses as they withdrew from the Russian market. This Article analyzes three potential recourses—bilateral, multilateral, and non-governmental—impacted corporations and individuals could execute to hold Russia accountable for its discriminatory treatment. This Article argues that corporations should form partnerships with their respective governments to promote intergovernmental dialogue through mechanisms such as treaties, as well as undertake litigation in Russia’s...
The Supreme Court’s Missed Opportunity to Save Genus Claims in Life Sciences Patents
Alexander Franzosa The life sciences industry is a vital sector of the American economy, and its success is reliant on the protection of patent holder rights. One common feature in life sciences patents is the genus claim, a claim type traditionally allowing the patent holder to claim a group of related species based on common functionality. A novel interpretation of “written description,” a required element for patent applications, has emerged in recent decisions by the Court of Appeals for the Federal Circuit. This new interpretation has caused concern among some members of the life sciences industry regarding the validity of...
Square Peg in a Round Hole: Manipulating Patent Law to Reduce the Prices of Pharmaceutical Products
Jasmine Daniel Pharmaceutical companies are commonly criticized for charging exorbitantly high prices for their products which can make it difficult for many patients to access life-saving drugs. Competitors, such as generic manufacturers, often cannot manufacture cheaper alternatives to these drugs due to strong patents which protect against product copying. Both the Bayh-Dole Act and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) include provisions which allow competitors to circumvent pharmaceutical patent protection under limited circumstances. Although there are instances in which such circumvention is necessary, ambiguities in these statutes allow countries to bypass pharmaceutical patents and encourage production...
Cannabis and Patent Law: Lessons from a Canadian Cannabis Case Study
Katherine Minorini Cannabis is illegal under federal law in the United States, yet individual states have legalized it for both medicinal and recreational use. Additionally, the United States Patent and Trademark Office (USPTO) routinely issues patents for cannabis-related inventions despite the drug’s federal prohibition. As the prospect of federal legalization becomes more likely, patent protection will play a crucial role in the budding cannabis market. By evaluating Canada’s legal cannabis system, this Essay identifies lessons the United States can take from the Canadian legalization framework. Ultimately, this Essay asserts that the United States should take quick action and legalize cannabis...
Expanding the Patent Eligibility of Diagnostic Tests and Their Methods
Jo-an Chen There is ongoing debate over whether diagnostic tests and their methods should be patent eligible. As it stands today, these tests are largely unpatentable given the restrictive interpretation of patent eligibility laws in the United States. Some argue that patent claims directed to observing a law of nature, such as diagnostic tests, should remain patent ineligible to prevent an inventor from monopolizing basic tools of science. Others argue that diagnostic tests should be patent eligible to incentivize and encourage similar types of socially beneficial discoveries and inventions. This Essay agrees with the policy rationale for expanding the patent...
Driving in Circles: Impact of American Axle on Patent Eligibility Jurisprudence and Green Initiatives in the Automotive Industry
Zoë Haggerty A recent executive order signed by President Biden establishes a National Climate Task Force to oversee the conversion of the federal fleet to all-electric vehicles. If the President’s goal is to be achieved, the Supreme Court must review patent eligibility jurisprudence and provide guidance to the “bitterly divided” Federal Circuit. Fortuitously, the Supreme Court has the opportunity to do precisely that by granting certiorari to American Axle & Manufacturing v. Neapco Holdings LLC and clarifying the exact standard courts are to apply when determining cases of patent eligibility. Given the ever more pressing need for intelligibility in patent eligibility jurisprudence...
Patentability of COVID-19 Vaccines
Zoë Haggerty In many ways, the COVID-19 crisis has disproportionately affected the most vulnerable and underprivileged members of society. National lockdowns, halted economies, and overburdened hospital systems have significantly exacerbated the obstacles faced by those already financially insecure. In light of these unique and widespread challenges, it is crucial that the marginalized members of society not be neglected as global and domestic health agencies push for efficient vaccine distribution. The implications of patenting COVID-19 vaccines are likely to disadvantage such members unless measures are taken to ensure the accessibility of such vaccines. This Essay explores the options of expanding or...
A Welcome Limit on Design Patent Protection: Curver Luxembourg, Sarl v. Home Expressions
Casey Houlton In 2019, the United States Court of Appeals for the Federal Circuit addressed the scope of design patent law in Curver Luxembourg, SARL v. Home Expressions. The court held that a design patent must be limited to a particular article of manufacture. As such, claim language may be used to limit the scope of a design patent to a particular article of manufacture if an article is not specified in the claim’s figures. Although the court’s failure to define an article of manufacture may result in some difficulties with Curver’s application, the court’s decision is consistent with the...
Potential Impact of Section 106 of the Stronger Patents Act on the Biotechnology Industry
Jeffrey Buckman A permanent injunction is the strongest remedy available to a patent holder in a patent infringement case. Throughout much of U.S. patent litigation history, plaintiffs were presumptively entitled to a permanent injunction when a defendant infringed the plaintiff’s valid patent. In 2006, however, in eBay Inc. v. MercExchange, the Supreme Court of the United States altered the standard for awarding permanent injunctions in patent infringement cases. In eBay, the Court held that patent holders are not presumptively entitled to permanent injunctions and instead must satisfy the traditional four-factor permanent injunction test. In June 2019, the House of Representatives...