George Mason University Antonin Scalia Law School

The History of Patent Licensing and Secondary Markets in Patents: An Antidote to False Rhetoric

The patent licensing business model is a flashpoint of controversy in the patent policy debates. Individuals and firms that specialize in licensing patented innovation – and companies that purchase patents in order to license them – have come under attack by the President, members of Congress, companies, lobbying groups, and others. Read more

The Nadir of “Patent Troll” Rhetoric

The venerable high-tech company IBM is no more a “patent troll” than any other legitimate company that engages in patent licensing. Yet, according to the very arguments of those who are using this ill-defined and misleading term, the shoe fits. Read more

GAO Report Confirms No “Patent Troll” Litigation Problem

As we previously reported, there are serious concerns with the studies asserting that a “patent litigation explosion” has been caused by patent licensing companies (so-called non-practicing entities (“NPEs”) or “patent trolls”). These seemingly alarming studies (see here and here) have drawn scholarly criticism for their use of proprietary, secret data collected from companies like RPX and Patent Freedom – companies whose business models are predicated on defending against patent licensing companies. Read more

A Brief History of Software Patents (and Why They’re Valid)

a green screen with binary and figuresToday, there is significant public debate over patents on the digital processes and machines that comprise computer software programs. These are often referred to as “software patents,” but this is an odd moniker. Aside from the similarly mislabeled debate over “DNA patents,” nowhere else in the patent system do we refer to patents on machines or processes in a specific technological field in this way; for instance, people do not talk about “automobile brake patents” or “sex toy patents” as their own category of patents deserving of approval or scorn.  Read more