Intellectual Property

Patents

A patent provides protection for an invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent.

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TAP Blog

Law professors D. Daniel Sokol and Wentong Zheng, both of the University of Florida - Levin College of Law, have a new paper out that discusses antitrust-related FRAND issues in China.
Do patents in the software and Internet industries encourage or impede innovation? To further understand the arguments of this debate, Silicon Flatirons hosted a conference early this month on Software Patents and Their Challenges. Excerpts from the first panel on the effect of software patents on innovation are presented in this post. TAP scholars Pamela Samuelson and Phil Weiser participated in the discussion.
Professor James Grimmelmann shows how the Federal Circuit court has weakened design patent law in his Washington Post article, “If Our Top Patent Court Screws Up Slipper Patents, How Can It Rule Sensibly on Smartphones?”
Professor Mark Lemley’s new paper challenges the conventional wisdom that short trials favor patentees and questions whether trial location determines the outcome. In “Rush to Judgment? Trial Length and Outcomes in Patent Cases,” Professor Lemley and his co-authors discuss findings from their comprehensive study of every patent trial conducted in the United States between January 1, 2000, and June 30, 2011.
Today (Monday, July 15th, 2013) economics professor Carl Shapiro, UC Berkeley, discusses the recent efforts from the Obama Administration to protect innovators from frivolous litigation brought by patent-assertion entities.
Do patents encourage innovation or impede it? It is a question many economists and patent lawyers have strived to answer over the years. Professors Mark Schankerman and Alberto Galasso bring new analysis to the patent & innovation debate in their VOX article, “Do Patent Rights Impede Follow-On Innovation?”
Economist and law professor Howard Shelanski is nominated by President Obama to a White House position charged with reviewing the regulations that are proposed by government departments. In an interview with The Antitrust Source, Professor Shelanski discusses his thoughts on patent reform, innovation and antitrust policy.
Patent Assertion Entities (PAEs) are a hot topic in antitrust circles. Professor Daniel Sokol hosted a blog symposium on the Antitrust & Competition Policy Blog to delve into the issues surrounding PAEs and their impact on innovation and competition. Several TAP scholars participated in the symposium; excerpts from their posts are included.
There is a pivotal patent case in the U.S. District Court that involves standard-essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND/RAND) licensing terms. The importance of SEPs, FRAND, and RAND in the patent system is explained.
In November, at Santa Clara University, we held a conference entitled ”Solutions to the Software Patent Problem” that assumed, without debating, that software patents were a problem. With that premise, conference participants could focus their attention on thoughtful and creative ways to redress the problems created by software patents. At the conference, we heard a lot of different proposals (nearly two dozen) from experts in the field. Here’s a recap of some of my personal favorites.
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Fact Sheets

Patent Reform

A patent is an exclusive legal right to own and market an invention or improvement for a limited period of time, in exchange for public disclosure of the invention.

Quote

Changing U.S. Patent Policy on Tech Standards Stirs Concerns

"The best way to resolve this issue is not to change policy approaches." — Mark Lemley, Professor of Law, Stanford University

Mark Lemley
Bloomberg Law
December 26, 2018

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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.

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