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

In an article written for The Washington Post, James Bessen, Boston University, explains why he believes the patent crisis is mostly about software patents.
Do patents in the software and Internet industries encourage or impede innovation? Early this month Silicon Flatirons brought together leaders in government, industry, practice, and academia to discuss how law and policy for software patents should evolve to best promote innovation. Their conference, “Software Patents and Their Challenges,” is summarized in this post.
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.
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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

Featured Article

Intellectual Contract and Intellectual Law

Technological change is increasing the importance of intangible assets. A new legal concept, the “Intellectual Contract” (IC), would better support innovation, as current Intellectual property (IP) rules are limited.

By: Daniel Spulber