Intellectual Property

Antitrust and Innovation Competition

Some antitrust policymakers are recognizing the importance of innovation competition, including nonprice competition and technological change. Antitrust policymakers must update their analysis to avoid errors.

From Trade Secrecy to Seclusion

Traditionally, trade secret law protected innovations from misappropriation by departing employees. Now, however, trade secret claims are often used to conceal information of public concern.

How Innovative Are Innovations? A Multidimensional, Survey-Based Approach

Innovation can be difficult to measure, and some major technical advances have less impact on social welfare than expected. Surveys of innovation should consider five key factors in assessing the importance of an innovation.

Antitrust Policy Toward Patent Licensing: Why Negotiation Matters

Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.

Reforming the Patent System

Three tailored patent reforms would improve the patent system without requiring more evidence as to whether stronger patent protection promotes innovation generally.

Licensing Standard Essential Patents with FRAND Commitments: Preparing for 5G Mobile Telecommunications

As 5G mobile telecommunication technologies develop, some have proposed that courts or administrative agencies should regulate licensing of Standard Essential Patents (SEPs).

Finding Reasonable Royalty Damages: A Contract Approach to Patent Infringement 

Courts differ as to how to calculate damages for patent infringement. The best approach would be for courts to construct an “informed contract” between the parties to the dispute.

A Toolkit of Policies to Promote Innovation

Innovation is an important route to continued productivity growth in the United States. Tax credits for research and development (R&D) are among the best ways to spur innovation. Evidence as to whether the patent system promotes innovation is inconclusive.

Increasing Diversity in Innovation by Tracking Women, Minority, and Startups: Innovators that Patent and Supporting Experimentation in Inclusive Innovation

The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 requires the United States Patent Office (USPTO) to better support women, minorities, and veterans in innovation.

The Paradox of Source Code Secrecy

Decision-making algorithms are increasingly used in administrative law, as well as in civil and criminal justice, raising due process concerns. Source code is protected from scrutiny by trade secret law.