Intellectual Property

The Patent Eligibility “Quagmire”

If the United States is to retain our innovation edge, patent eligibility doctrine must be returned to the “anything under the sun that is made by man” standard.

The Constitutional Protection of Intellectual Property

Both Founding Era sources and 19th-century court decisions, official statements, and commentaries confirm that intellectual property rights are property as a matter of basic legal doctrine and constitutional principle.

Intellectual Property in an Innovation Economy

How IP is a property right, how it functions as a property right in a free market, and how legally, historically, and economically, IP is essential to a thriving economy and flourishing society.

Patents Are Property Rights

Ayn Rand’s genius was to recognize that man’s mind is his basic means of survival, that production is the application of reason to the problem of survival, and thus that all property is logically intellectual property at root.

Why We Don’t Want to Import Weak Intellectual Property Systems

Trump has been a champion of protecting U.S. innovators from the theft of their inventions by foreign countries, such as China. However, his executive order takes the U.S. in the wrong direction. It would import not just foreign price controls, but also weaker foreign patent systems.

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?

Content Thief Turned Content Creator Rails Against Piracy

Illegally downloading creative content online is all too easy. Unlike stealing a physical product from a store, there’s no need to stealthily conceal the merchandise, avoid security guards, or worry about magnetic security tags.

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.

American Dreaming

Government mostly hinders us, and then brags that it is waiting to take charge when we fail.

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.

Rescuing BlackBerry?

The latter, nationalistic motive of buying BlackBerry or any other company is misguided.

The Myth of the “Patent Troll” Litigation Explosion

Unfortunately, the complaints today about today’s patent litigation crisis arise more from unchecked intuitions about what feels like a bad situation, from unrealistic assumptions about how much certainty we can achieve in the patent system, and from emotionally-compelling anecdotes about innovators running into trouble with patents.