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

Publication Date


Document Type


Place of Original Publication

Indiana Law Journal

Publication Information

Certainty, Fence Building, and the Useful Arts


74 Indiana Law Journal 759 (1999)


COinS Craig Allen Nard Faculty Bio