Category Archives: Patent Law

Alan Devlin, Antitrust Limits on Targeted Patent Aggregation

Patent-assertion entities (PAEs) are non-technology-practicing companies that aggregate and license patents under threat of suit. Their activities have drawn fire, including presidential condemnation, and spurred proposed legislation to protect operating firms against them. PAEs leverage flaws in the patent system … Continue reading

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Jeffrey A. Lefstin, Inventive Application: A History

The Supreme Court’s recent cases on patent-eligible subject matter have struggled to draw the line between unpatentable fundamental principles, such as laws of nature and abstract ideas, and patentable inventions. In Mayo v. Prometheus, the Court suggested that only “inventive … Continue reading

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Xuan-Thao Nguyen, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law

While the U.S. Court of Appeals for the Federal Circuit has admirably commandeered its stewardship of patent law—Congress bestowed the Federal Circuit with exclusive jurisdiction over patent appeals since 1982—the court has unabashedly extended its reach, unwelcomed, into commercial law. … Continue reading

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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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