George Mason University Antonin Scalia Law School

Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property

hand under a lightbulb drawn on a chalkboardBy Kathleen Wills*

The question whether patents are property rights is a continuing and hotly debated topic in IP law. Despite an abundance of scholarship (see here, here, here, here, and here) detailing how intellectual property (“IP”) rights have long been equated with property rights in land and other tangible assets, critics often claim that this “propertarian” view of IP is a recent development. Read more

Statement of Professor Adam Mossoff on Oil States v. Greene’s Energy

Adam MossoffThe statement below is from Professor Adam Mossoff, whose law review articles (here and here) were heavily cited in Justice Gorsuch’s dissent (joined by Chief Justice Roberts) in today’s opinion in Oil States v. Greene’s Energy.

Adam Mossoff
Professor of Law
Antonin Scalia Law School, George Mason University

For the first time, the Supreme Court holds that patents for new inventions are regulatory grants similar to monopoly grants for bridges or toll roads. Read more