Intellectual Property

The Smartphone Wars and “Patent Trolls”

There are widespread complaints today that the “patent system is broken” and that the “smartphone wars” and “patent trolls” are killing innovation. Yet patented innovation has revolutionized our lives today—tablet computers, smartphones and antiviral drugs are just a few of these modern marvels. How to make sense of this contradiction?

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

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

In plain English, here’s the deal that Tesla is offering to manufacturers and users of its electrical car technology: in exchange for using Tesla’s patents, the users of Tesla’s patents cannot file patent infringement lawsuits against Tesla if Tesla uses their other patents.

No “Patent Troll” Litigation Problem

No “Patent Troll” Litigation Problem

With the future of innovation at stake, it is not crazy to ask that before we make radical, systemic changes to the patent system that we have validly established empirical evidence that such revisions are in fact necessary or at least would do more good than harm.

He Challenged Us to Think as We Played, Part II

The nation at war in December of 1917 had no time for frivolous things. Perhaps right in their sentiments but wrong in their action, the men in the United States War Department thought it would be unpatriotic for the nation to be celebrating while...

How Copyright Drives Innovation in Scholarly Publishing

How Copyright Drives Innovation in Scholarly Publishing

This basic economic fact—dynamic development of innovative distribution mechanisms require substantial investment in both people and resources—is what makes commercialization an essential feature of both copyright policy and law (and of all intellectual property doctrines).

Debates on Patent System Should Focus on Facts, Not Rhetoric

Debates on Patent System Should Focus on Facts, Not Rhetoric

Weakening intellectual property laws due to negative policy rhetoric, hyperbolic internet commentary, and even extensive lobbying by firms who choose to infringe patents because they don’t want to pay the licenses offered to them by patent licensing firms is irresponsible.

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