Supreme Court Recognizes that Patents are Property

By Adam Mossoff In an important decision handed down today, the Supreme Court explicitly recognized that patents are property secured by the Fifth Amendment Takings Clause. In Horne v. Department of Agriculture, the Court held that the Takings Clause imposes a “categorical duty” on the government to pay just compensation whether it takes personal or … Continue reading “Supreme Court Recognizes that Patents are Property”

Unintended Consequences of “Patent Reform”: The Customer Suit Exception

In the last two weeks, the House and Senate Judiciary Committees marked up wide-ranging patent legislation ostensibly aimed at combating frivolous litigation by so-called “patent trolls.” But while the stated purpose of the House and Senate bills—H.R. 9 (the “Innovation Act”) and S. 1137 (the “PATENT Act”), respectively—is to combat abusive litigation, a closer look … Continue reading “Unintended Consequences of “Patent Reform”: The Customer Suit Exception”

The Commercial Value of Software Patents in the High-Tech Industry

In CPIP’s newest policy brief, Professor Saurabh Vishnubhakat examines the important role patents play in commercializing software innovation and supporting technology markets. He explains how a proper understanding of this commercial role requires a broader view of patents in software innovation than the all-too-common focus on a small handful of litigated patents and legal questions … Continue reading “The Commercial Value of Software Patents in the High-Tech Industry”

Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda

The following is taken from a CPIP policy brief by Professor Richard A. Epstein.  A PDF of the full policy brief is available here. Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda Executive Summary There are increasing complaints in both the European Union and the United States about a systematic bias … Continue reading “Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda”

IP Promotes Progress by Securing the Individual Liberty of Inventors and Creators

This is the third in a series of posts summarizing CPIP’s 2014 Fall Conference, “Common Ground: How Intellectual Property Unites Creators and Innovators.” The Conference was held at George Mason University School of Law on October 9-10, 2014. Videos of the conference panels and keynote will be available soon. The second panel of CPIP’s 2014 … Continue reading “IP Promotes Progress by Securing the Individual Liberty of Inventors and Creators”

Intellectual Property Unites Creators and Innovators

This is the first in a series of posts summarizing CPIP’s 2014 Fall Conference, “Common Ground: How Intellectual Property Unites Creators and Innovators.” The Conference was held at George Mason University School of Law on October 9-10, 2014. Videos of the conference panels and remarks, as well as panel summaries, will be available soon. Introduction … Continue reading “Intellectual Property Unites Creators and Innovators”

Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong

By Mark Schultz & Adam Mossoff A handful of increasingly noisy critics of intellectual property (IP) have emerged within free market organizations. Both the emergence and vehemence of this group has surprised most observers, since free market advocates generally support property rights. It’s true that there has long been a strain of IP skepticism among … Continue reading “Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong”

Alice Gets the Most Important Question Right

By far the most important takeaway from today’s Supreme Court decision in Alice Corp. v. CLS Bank  is the Court’s acknowledgment that “many computer-implemented claims are formally addressed to patent-eligible subject matter.”  Despite failing to alleviate the profound confusion caused by its recent §101 analysis in cases like Bilski, Myriad, Mayo, and plenty of earlier … Continue reading “Alice Gets the Most Important Question Right”

Tesla’s New Patent Policy: Long Live the Patent System!

Last Thursday, Elon Musk, the founder and CEO of Tesla Motors, issued an announcement on the company’s blog with a catchy title: “All Our Patent Are Belong to You.” Commentary in social media and on blogs, as well as in traditional newspapers, jumped to the conclusion that Tesla is abandoning its patents and making them “freely” … Continue reading “Tesla’s New Patent Policy: Long Live the Patent System!”

Demand Letters and Mandatory Disclosures: First Amendment Concerns

In the recent calls to revise the patent system to address so-called “patent trolls” — an ill-defined term that effectively derails any discussion of patent policy based in reality — Congress is considering bills that would impose mandatory disclosures on all demand letters sent by patent owners. Although there is no definitive definition of what … Continue reading “Demand Letters and Mandatory Disclosures: First Amendment Concerns”