Policy Briefs & Issue Papers

CPIP scholars play an active role in the intellectual property policy debate, writing numerous policy briefs and issue papers about intellectual property rights and the technological, commercial, and creative innovation they facilitate.

Below are some selected highlights.


Recent Highlights

Christopher M. Holman, An Unwise Move to Discriminate Against Pharmaceutical Patents: Responding to the UN’s Guidelines for Pharmaceutical Patent Examination (June 2018)

This CPIP policy brief, written by CPIP Senior Scholar and UMKC Professor of Law Chris Holman, analyzes the UN’s recent Guidelines for Pharmaceutical Patent Examination, which are influential in the policy debates regarding the role of patented pharmaceuticals in public health. Professor Holman critically examines the Guidelines, pointing out that they “put a thumb on the scale in favor of generic medications” while failing to adequately consider “the development and incremental improvement of innovative pharmaceutical products.”

John F. Witherspoon, A Tribute to Judge Giles S. Rich (April 2017)

Professor John F. Witherspoon is Director Emeritus, Intellectual Property Program, Antonin Scalia Law School. Prof. Witherspoon’s career in government, academia, and private practice spans more than fifty years. Upon graduating from Georgetown Law School, Prof. Witherspoon clerked for the Honorable Giles S. Rich at the U.S. Court of Customs and Patent Appeals (now the U.S. Court of Appeals for the Federal Circuit). This tribute is adapted from Prof. Witherspoon’s remarks delivered at the January 18, 2017, meeting of the Giles Sutherland Rich American Inn of Court. Prof. Witherspoon pays a heart-warming tribute to the late Judge Rich, whom many regard as one of the foremost authorities on U.S. patent law.

Mark Schultz & Kevin Madigan, The Long Wait for Innovation: The Global Patent Pendency Problem (October 2016)

CPIP’s Mark Schultz & Kevin Madigan present data collected from eleven different countries demonstrating that patent pendency is a global problem. They show that lengthy backlogs are not related to national wealth, and they provide comparative data for important technology fields. The authors make several recommendations for fixing the problem, including hiring more and better-qualified examiners, implementing work-sharing between patent offices, and eliminating obstacles to final grants. They conclude: “Delays matter because patents matter. Patents affect decisions about which businesses get investments, which products get launched, whether a business gets off the ground, and other key decisions. Without the security provided by a patent, these things often simply don’t happen.”


Policy Briefs & Issue Papers A to Z

Sandra Aistars, Devlin Hartline, & Mark Schultz, Copyright Principles and Priorities to Foster a Creative Digital Marketplace (December 2015)

Bruce Boyden, The Failure of the DMCA Notice and Takedown System: A Twentieth Century Solution to a Twenty-First Century Problem (December 2013)

Richard A. Epstein, Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda (December 2014)

Richard A. Epstein, The Dangerous Adventurism of the United States Trade Representative: Lifting The Ban Against Apple Products Unnecessarily Opens A Can Of Worms In Patent Law (August 2013)

Devlin Hartline & Matthew Barblan, Debunking the Royalty Stacking Theory: Real-World Evidence From the Mobile Wireless Industry (January 2016)

Devlin Hartline & Matthew Barblan, Protecting Authors and Artists by Closing the Streaming Loophole (October 2015)

Christopher M. Holman, The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests (July 2014)

Christopher M. Holman, An Unwise Move to Discriminate Against Pharmaceutical Patents: Responding to the UN’s Guidelines for Pharmaceutical Patent Examination (June 2018)

Keith Mallinson, Busting Smartphone Patent Licensing Myths (September 2015)

Amanda Maxham, The Gene Revolution (November 2015)

Adam Mossoff. A Brief History of Software Patents (And Why They’re Valid) (September 2013)

Adam Mossoff, Erika Lietzan, Kristen Osenga, & Mark Schultz, Crippling the Innovation Economy: Regulatory Overreach at the Patent Office (Federalist Society Regulatory Transparency Project, August 14, 2017)

Adam Mossoff, Kristen Osenga, & Mark Schultz, Creativity and Innovation Unchained: Why Copyright Law Must be Updated for the Digital Age by Simplifying It (Federalist Society Regulatory Transparency Project, October 27, 2017)

Adam Mossoff, Kristen Osenga, et al., Will Overzealous Regulators Make Your Smartphone Stupid? (Federalist Society Regulatory Transparency Project, December 10, 2018)

Sean M. O’Connor, The Internet Does Not Reset the Copyright-Free Speech Balance (November 2013)

Mark Schultz & Kevin Madigan, The Long Wait for Innovation: The Global Patent Pendency Problem (October 2016)

Mark Schultz, Stephen Ezell, & David Lund (eds.), Innovate4Health: How Innovators Are Solving Global Health Challenges (April 2018)

Saurabh Vishnubhakat, The Commercial Value of Software Patents in the High-Tech Industry (May 2015)

Bhamati Viswanathan & Adam Mossoff, Open-Access Mandates and the Seductively False Promise of “Free” (April 2017)

John F. Witherspoon, A Tribute to Judge Giles S. Rich (April 2017)