George Mason University Antonin Scalia Law School

Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation

dictionary entry for the word "innovate"It seems no matter how many times the mole gets whacked, it keeps popping back up. The latest incarnation of this problem is a recent op-ed by Katie Johnson of the National Association of Realtors, which relies on a long since discredited study about the state of patent litigation in the United States.  Read more

CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. Google

U.S. Capitol buildingOn February 17, 2017, CPIP Senior Scholar Sandra Aistars filed an amicus brief in Oracle v. Google, a copyright case currently before the Federal Circuit. Prof. Aistars worked in conjunction with Scalia Law alumnae Antigone Peyton and Jennifer Aktins of Cloudigy Law and third-year law student Rebecca Cusey to file the brief on behalf of 13 intellectual property scholars, including CPIP’s Matthew Barblan, Devlin Hartline, Sean O’Connor, Eric Priest, and Mark Schultz. Read more

44 Law, Economics, and Business Professors Urge Supreme Court to take Presumptive Approach to Patent Exhaustion

United States Patent Application paperwork44 law, economics, and business professors filed an amicus brief yesterday in support of Lexmark International in its Supreme Court case against Impression Products. The professors argue that although patent exhaustion provides the baseline rule for sales of a patented product by a patent owner, parties should be free to contract around the baseline rule in their business dealings. Read more

IPO Publishes Analysis of Recently Released Legislative Proposal

dictionary entry for the word "innovate"Last week, the Intellectual Property Owners Association (IPO) released a proposed revision to the section of the Patent Act that defines the subject matter eligible for patenting.  I discussed the importance of the proposal, noting that there have been several calls for legislative solutions to overly restrictive understanding of what inventions are eligible for patents. Read more

CPIP, USPTO, & Lemelson Center Host “Great Inventors” Panel Discussion at American History Museum

Logos for The Lemelson Center, the USPTO, and CPIP

On February 16, 2017, CPIP hosted a panel discussion, America as a Place of Innovation: Great Inventors and the Patent System, at the Smithsonian National Museum of American History in Washington, D.C. The event was co-hosted by the Lemelson Center for the Study of Invention and Innovation at the Smithsonian Institution and the United States Patent and Trademark Office (USPTO). Read more

Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System

U.S. Capitol buidlingOn December 14th, a group of librarians sent a letter to Congress explaining why they believe the Copyright Office should remain under the control of the Library of Congress. Written by University of Virginia Library’s Brandon Butler, the letter is a self-contradicting and uninformed response to recent recommendations on reform of the Copyright Office offered by leading members of the House Judiciary Committee. Read more

Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System

U.S. Capitol and Supreme Court buildingsTwo years ago, CPIP published an issue paper warning about the tremendous potential for abuse inherent in the America Invents Act’s newly-created administrative review programs. It now appears that several members of Congress are concerned as well. On December 5, 2016, a bipartisan group of New York representatives sent a letter to Michelle Lee, Director of the United States Patent and Trademark Office (USPTO), raising their concerns about abuse of the inter partes review (IPR) system by financial speculators. Read more

New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule

the word "inspiration" typed on a typewriterCPIP Research Scholar Jonathan Putnam and co-author Tim Williams’ paper “The Smallest Salable Patent-Practicing Unit (SSPPU): Theory and Evidence,” shows how poorly patent law measures the value of litigated patents. Using theory and empirical evidence, they show that the economic contribution of patented technology is better measured by the output, such as the commercial product, rather than the smallest input, or component, that embodies the invention. Read more