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.
Patent Law, Opposition Proceeding
Place of Original Publication
Indiana Law Journal
Certainty, Fence Building, and the Useful Arts
Nard, Craig Allen, "Certainty, Fence Building, and the Useful Arts" (1999). Faculty Publications. 614.