The new use of fair use: accessing copyrighted programs through reverse engineering

Article Abstract:

Atari v. Nintendo and Sega v. Accolade both established that computer program reverse engineering is not always copyright infringement because the courts held that reverse engineering for interoperability was a fair use. These decisions should not increase software piracy because that type of reverse engineering is not fair use and courts will still have to determine the extent of the copying necessary to understand the unprotected source code. Copyright law is designed to promote scientific innovation and the courts believed their decisions were appropriate to this interpretation.

Analysis, Software, Copyright, Copyrights, Fair use (Copyright), Fair use (Copyright law), Reverse engineering

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Extending process claims from intermediate to final product: avoiding the trap of Eli Lilly

Article Abstract:

Process claims which attach to the final product can extend the scope of the patent owner's exclusivity rights. To protect process inventions created after the filing of a patent application, the application should describe the production of unspecified process inventions. A narrow process claim does not necessarily include all of the intermediate steps involved in the process, since a competitor could make a material change in one step and circumvent the patent. Eli Lilly & Co. v. American Cyanamid Co. is used as an example.

United States, Management, Patent practice

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Novel DNA sequences and the utility requirement: the Human Genome Initiative

Article Abstract:

Patents should not be given for novel DNA sequences from the Human Genome Initiative. The National Institutes of Health has applied to patent 2,412 sequences and should be denied. Such early patenting of research would stifle economic competition by preempting future products from patented genes. The principle of practical utility should apply to genetic patents instead of a blanket claim on the building blocks of biotechnology.

Interpretation and construction, Intellectual property, Human Genome Project, Biotechnology

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