Bargain Theory
At the heart of patent protection lies a bargain. The patent bargain is struck between the inventor and the public. Like all bargains, it includes three elements: offer, acceptance and consideration. The inventor offers to disclose a novel, unobvious and useful invention to the public. This disclosure is the consideration to be paid. If the consideration fails, the inventor cannot claim the exclusivity conferred by letters patent and the patent is void.
June 1, 2023
No. 21-757 (Supreme Court May 18, 2023) The Supreme Court of the United States applied bargain theory in its long-awaited decision regarding the enablement requirement of the Patent Act.
September 30, 2022
If we reframe the question of “Should AI be named an inventor?” in the context of incentivizing innovation, we get a much more elegant question.
April 7, 2022
In a world of Instagram, Youtube and TikTok, why can't inventors submit their provisional patent applications entirely in video format?
August 9, 2021
2021 FCA 154: The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
December 2, 2020
Fed. Cir. 2018-1779: A patent for testing fetal DNA was found to be unpatentable because the claims were not fully supported by the written description.