Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property

By Kathleen Wills* The question whether patents are property rights is a continuing and hotly debated topic in IP law. Despite an abundance of scholarship (see here, here, here, here, and here) detailing how intellectual property (“IP”) rights have long been equated with property rights in land and other tangible assets, critics often claim that … Continue reading “Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property”

VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference

On October 11-12, 2018, CPIP hosted its Sixth Annual Fall Conference, IP for the Next Generation of Technology, at Antonin Scalia Law School, George Mason University, in Arlington, Virginia. After the breakthrough technology that gave us the mobile technology revolution of the past fifteen years, another leap forward in technology is about to break out … Continue reading “VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference”

Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation

By Adam Mossoff, Sean O’Connor, & Evan Moore* The price of the miracle drugs everyone uses today is cause for concern among people today. The President has commented on it. Some academics, lawyers, and policymakers have routinely called for the government to “do something” to lower prices. The high prices are unsurprising: cutting-edge medical treatments are … Continue reading “Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation”

Rep. Massie Introduces New Legislation to Restore America’s Patent System

Yesterday, Representative Thomas Massie introduced the Restoring America’s Leadership in Innovation Act of 2018 (H.R. 6264). This legislation would reverse many of the harms that have been caused by recent changes to the patent laws from all three branches of government. Patents are an important part of our innovation economy, providing an incentive for inventors to invent … Continue reading “Rep. Massie Introduces New Legislation to Restore America’s Patent System”

The Value of Public Data: Update to “Turning Gold to Lead”

By Kevin Madigan & Adam Mossoff A key value in the empirical work done in the social sciences and in the STEM fields is that data is made public and available for review, testing, and confirmation. Humans are neither infallible nor omniscient, and thus this standard practice in empirical research has evolved as a way to … Continue reading “The Value of Public Data: Update to “Turning Gold to Lead””

New CPIP Policy Brief: An Unwise Move to Discriminate Against Pharmaceutical Patents

CPIP has published a new policy brief entitled An Unwise Move to Discriminate Against Pharmaceutical Patents: Responding to the UN’s Guidelines for Pharmaceutical Patent Examination. The 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 … Continue reading “New CPIP Policy Brief: An Unwise Move to Discriminate Against Pharmaceutical Patents”

CPIP Scholars Examine the Flaws in the Term “Evergreening”

In their new paper, Evergreening of Pharmaceutical Exclusivity: Sorting Fact from Misunderstanding and Fiction, Professors Kristina Acri née Lybecker and Mark Schultz, along with CPIP John F. Witherspoon Legal Fellow David Lund, analyze how the term “evergreening” is used in the context of pharmaceuticals. After sorting through the vagaries and rhetorical excesses that restrict meaningful … Continue reading “CPIP Scholars Examine the Flaws in the Term “Evergreening””

The STRONGER Patents Act: The House Receives Its Own Legislation to Protect Our Innovation Economy

Today, Representatives Steve Stivers (R-OH) and Bill Foster (D-IL) introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2018. This important piece of legislation will protect our innovation economy by restoring stable and effective property rights for inventors. This legislation mirrors a bill already introduced in the … Continue reading “The STRONGER Patents Act: The House Receives Its Own Legislation to Protect Our Innovation Economy”

U.S. Innovation Economy Falls Even Further in Latest GIPC Patent Rankings

The Global Innovation Policy Center (GIPC) at the U.S. Chamber of Commerce has just released the sixth edition of its International IP Index. Unfortunately, the report finds that the United States is now tied for 12th place in its patent rankings. This is down from 10th place last year, and it’s down from 1st place … Continue reading “U.S. Innovation Economy Falls Even Further in Latest GIPC Patent Rankings”

CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101

On December 4, 2017, CPIP Founder Adam Mossoff and CPIP John F. Witherspoon Legal Fellow David Lund filed an amicus brief urging the Supreme Court to grant certiorari in RecogniCorp. v. Nintendo. The amicus brief was joined by several law professors, including Richard Epstein and Michael Risch, as well as CPIP Senior Scholars Chris Holman, … Continue reading “CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101”