Category Archives: Patent Law

William Hubbard, The Debilitating Effect of Exclusive Rights: Patents and Productive Inefficiency

Are we underestimating the costs of patent protection? Scholars have long recognized that patent law is a double-edged sword. While patents promote innovation, they also limit the number of people who can benefit from new inventions. In the past, policy … Continue reading

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Jason Rantanen & Lee Petherbridge, Ph.D., Disuniformity

The United States Court of Appeals for the Federal Circuit is a response to a failure in judicial administration that produced a fractured, unworkable patent law—one that Congress concluded ill-served entrepreneurship and innovation. The purpose of the response—vesting exclusive jurisdiction … Continue reading

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Gaia Bernstein, Incentivizing the Ordinary User

Disputes regarding the effectiveness of the patent system focus on the appropriate scope of patent rights. This Article departs from the traditional debate and looks instead at the players regulated by the patent system. This Article shows that the patent … Continue reading

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Adam Mossoff, The Trespass Fallacy in Patent Law

The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear … Continue reading

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William Hubbard, Competitive Patent Law

Can U.S. patent law help American businesses compete in global markets? In early 2011, President Barack Obama argued that, to obtain economic prosperity, the United States must “out-innovate . . . the rest of the world,”1 and that patent reform … Continue reading

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Sapna Kumar, The Accidental Agency?

This Article presents a new model for examining the role of the Court of Appeals for the Federal Circuit (Federal Circuit) with regard to patent law, positing that the Federal Circuit behaves like an agency and serves as the de … Continue reading

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