Author ORCID Identifier

0000-0002-0992-888X

Document Type

Article

Publication Date

2003

Keywords

Geographic disparity, Patent law, Public accessibility, Constitution, Intellectual Property Clause, Traditional knowledge

Abstract

In Defense of Geographic Disparity is Professor Craig Nard's response to my article Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World (Patently Unconstitutional). According to Professor Nard, my article advocates "the elimination of [the] geographic disparity" of 35 U.S.C § 102 in order to "protect developing nations and indigenous peoples from Western countries' patent law regimes." Professor Nard is correct in his assertion that I seek the elimination of the geographical disparity in U.S. patent law; however, he misses the mark as to my reasons. My opposition to the geographical limitation does not derive from a desire to protect anyone from valid patent rights, rather it is a result of my conclusion that§ 102(b) is unconstitutional.

First Page

239

Publication Title

Minnesota Law Review

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