Certainty, Fence Building, and the Useful Arts

Indiana Law Journal, Vol. 74, Pp. 759-800, 1999

Posted: 21 Sep 1999

See all articles by Craig Allen Nard

Craig Allen Nard

Case Western Reserve University School of Law

Abstract

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.

Suggested Citation

Nard, Craig Allen, Certainty, Fence Building, and the Useful Arts. Indiana Law Journal, Vol. 74, Pp. 759-800, 1999, Available at SSRN: https://ssrn.com/abstract=179450

Craig Allen Nard (Contact Author)

Case Western Reserve University School of Law ( email )

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