The fundamental question this Article addresses is who should be primarily responsible for making patent validity determinations: the courts5 or the Patent and Trademark Office (“PTO”)?6 Which entity *517 would best serve the constitutional goal of promoting the progress of the useful arts?
Patent Law, Useful Arts, Legal System
Place of Original Publication
Harvard Journal of Law & Technology
10 Harvard Journal of Law & Technology 515 (1997)
Nard, Craig Allen, "Legitimacy and the Useful Arts" (1997). Faculty Publications. 284.