Authors
Timothy R Holbrook
Publication date
2011
Journal
Ind. LJ
Volume
86
Pages
779
Description
INDIANA LA WJOURNAL of the patent causes informational asymmetries for which the applicant cannot account. From an ex post perspective, this shift may assist lay judges and juries in evaluating patents, but such a result is the problem-this treatment reduces the technical value of the patent and incentivizes future applicants to treat the disclosure in a legal fashion, not as a technical resource. To balance the interest in public notice with the technical nature of the patent, this Article posits the use of presumptions. Courts should use the intrinsic evidence-the patent and the prosecution history-to generate a presumptive conclusion as to the construction of the patent or the sufficiency of the patent's disclosure. Then, the court should resort to the extrinsic evidence to determine whether the legalistic conclusion reached should be rejected in light of the understanding of technologists in the relevant field In this way, the …
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