Intellectual Property

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.

Patents Are Property Rights

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

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.

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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!

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

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.

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.

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

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.

The Broken Reporting Causing the “Broken Patent System” Hokum

The real problem with this “broken reporting” by Mr. Bilton and his ilk is that it is feeding a growing anti-patent frenzy among commentators, academics, and the public, who seem to think that your smart phones, tablets and other technological marvels just don’t exist because of a so-called “broken patent system” that has stymied software and other high-tech innovation at every turn.

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