Published research

I published two legal papers. The first, “Marking the Software Patent Beast,” talks about why it is difficult to know when software patents are infringed. It suggests that if software patent owners were required to mark their products with their patent numbers in the same way as physical products, it would overcome some of the practical difficulty with software patents. The published version is available for download but is not in the public domain and the original SSRN version is in the public domain. This article was featured on Slashdot and was published in the Stanford Journal of Law, Business, and Finance. The second discusses the on-sale bar, a technical aspect of patent law. It argues for striking “on sale” from 35 U.S.C. § 102(b) and inserting “in commercial use or delivered.” I submitted this to Congress while patent reform legislation was pending in 2005. The preferred version is on SSRN. An earlier version was published and can be found on Lexis or Westlaw.