Mad About Madden: Design Patent Protection and the Fashion Industry
Elizabeth Warner The United States economy is inundated with emerging businesses replicating high-fashion designs for a fraction of the cost, which benefits consumers but threatens high-fashion exclusivity. Historically, high-fashion designers have sought to protect their unique creations by using intellectual property protections. Despite seeking out these protections, the high-fashion industry has often brought unsuccessful suits against businesses that profit from the duplication and recreation of their designs. The failure of those suits indicates that intellectual property protections in the United States inadequately protect creative and artistic clothing designs. This Article argues that the U.S. Patent and Trademark Office (USPTO) implemented...
A Case for Crying Over Spilled Milk: Dosage and Bioavailability in the Patent Subject Matter Eligibility of Dietary Supplements
Jacqueline Short Dietary supplement use among Americans has become increasingly prevalent following the COVID-19 pandemic. Manufacturers of dietary supplements depend on patents for success in a competitive market. In order to be patent eligible, supplements cannot be too similar to the natural substances from which they derive. The United States Patent and Trademark Office outlines the markedly different characteristics test, which courts use to determine whether supplements are unique enough to receive patents. Yet the patent cases of two supplements, ChromaDex and Natural Alternatives, reveals significant confusion around the role of dosage and bioavailability of supplements under the markedly different characteristics analysis. This...
How Existing Patent Regulations Encourage Competition in the “Super Shoe” Race
Emma McMillan Since Roger Bannister broke the four-minute mile barrier in the mid-1950s, the American public has become increasingly obsessed with achieving the impossible. In 2016, the U.S. Patent Office approved Nike’s ground-breaking and controversial patent on its first of many “super shoes,” the Vaporfly, a shoe utilizing a new lightweight foam and carbon fiber plate designed to maximize energy return and enhance running performance. Since then, dozens of other manufacturers have succeeded in developing their own super shoes. Despite this progress, however, critics contend that the approval of Nike’s Vaporfly patent not only threatens the integrity of running as...
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...