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Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents

The Federal Circuit issued another important opinion yesterday affirming that software is a patentable invention in the United States. In Trading Technologies Int’l, Inc. v. CQG, Inc., the court determined that a graphical user interface (GUI) for a commodities trading platform was patent eligible. Ten law professors, including CPIP Senior Scholars and others, filed an … Continue reading “Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents”

Creative Upstarts and Startups: How IP Creates Opportunities and Opens Doors

This is the first in a series of posts summarizing CPIP’s 2016 Fall Conference, “Intellectual Property & Global Prosperity.“ The conference was held at Antonin Scalia Law School, George Mason University on October 6-7, 2016. Videos of the conference panels and keynote address, as well as other materials, are available on the conference website. The … Continue reading “Creative Upstarts and Startups: How IP Creates Opportunities and Opens Doors”

CPIP & Lemelson Center Hosting Innovation Discussion at American History Museum on February 16

The Lemelson Center for the Study of Invention and Innovation at the Smithsonian Institution and the Center for the Protection of Intellectual Property (CPIP) at Antonin Scalia Law School invite you to a panel discussion at the Smithsonian National Museum of American History. America as a Place of Innovation: Great Inventors and the Patent System … Continue reading “CPIP & Lemelson Center Hosting Innovation Discussion at American History Museum on February 16”

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

On 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 … Continue reading “Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System”

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

Two 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 … Continue reading “Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System”

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

CPIP 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, … Continue reading “New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule”

Digital Single Market Must Protect the Rights of All Authors and Publishers

In 2015, the European Commission unveiled a plan to “create a free and secure digital single market” that would expand and standardize the EU’s digital economy for the benefit of consumers. The strategy was named the Digital Single Market and one of its objectives is to modernize the EU copyright framework to fit the digital … Continue reading “Digital Single Market Must Protect the Rights of All Authors and Publishers”

New Paper Addresses Flaws in Patent Holdup Theory

Stephen Haber and Alexander Galetovic of the Hoover Institution’s Working Group on Intellectual Property, Innovation and Prosperity (IP2) published a new working paper on the problems with Patent Holdup Theory. In “The Fallacies of Patent Holdup Theory,” Professors Haber and Galetovic show that Patent Holdup Theory is based on three fundamental errors. Professor Haber presented … Continue reading “New Paper Addresses Flaws in Patent Holdup Theory”

Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines

An oil well drilling rig is not an abstract idea. A method of operating an oil well drilling rig is also not an abstract idea. This proposition should be clear to all, but in TDE Petroleum Data Solutions v AKM Enterprise, the Federal Circuit held that a method of operating an oil well drilling rig … Continue reading “Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines”

New CPIP Report: The Global Patent Pendency Problem

Why are some of the biggest fights about patent policy almost pointless in some places? Because in many countries, including some of the world’s most important emerging economies, it takes so long to get patents that the rights have little meaning. The Center for the Protection of Intellectual Property (CPIP) released a report today entitled The Long … Continue reading “New CPIP Report: The Global Patent Pendency Problem”