Issues

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.

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.

Intellectual Property Rights and Innovation: Evidence from the Human Genome

Intellectual property (IP) is intended to encourage innovation. For two years, Celera held exclusive IP rights to data about some human genes. During this time, other firms reduced research and development (R&D) related to these genes from 20-30%. These effects persisted for years after.

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.

Speech Across Borders

Several courts have ordered online service providers to take down content worldwide. Other rules restrict speech depending on the nationality and location of the speaker. Tech firms also curate content on a global scale.

Prize and Reward Alternatives to Intellectual Property

Some scholars have proposed prize or reward systems to encourage inventors and creators, as an alternative to the current intellectual property system. Designing prize and reward systems is challenging.

Cost-Plus Patent Damages

Patent holders should not overcharge for their inventions at consumers’ expense. Courts could consider the inventor’s costs and the level of risk undertaken by the inventor in setting the value of patents in disputes.