Professor Tabrez Ebrahim on Artificial Intelligence Inventions

The following post comes from Associate Professor of Law Tabrez Ebrahim of California Western School of Law in San Diego, California. By Tabrez Ebrahim Artificial intelligence (AI) is a major concern to the United States Patent and Trademark Office (USPTO), for patent theory and policy, and for society. The USPTO requested comments from stakeholders about … Continue reading “Professor Tabrez Ebrahim on Artificial Intelligence Inventions”

Rethinking § 101: Professor Talha Syed Takes a Different Look at Subject Matter Eligibility

The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at CPIP. By Colin Kreutzer When most people think of patentability requirements, they think of whether an invention has been “done before.” Novelty and non-obviousness under 35 U.S.C. §§ 102 and 103 are certainly key hurdles to obtaining a … Continue reading “Rethinking § 101: Professor Talha Syed Takes a Different Look at Subject Matter Eligibility”

Christa Laser on Patent Law’s Equitable Defenses

The following post comes from Wade Cribbs, a 2L at Scalia Law and a Research Assistant at CPIP. By Wade Cribbs In patent law, equitable defenses can play an essential role in multi-million-dollar patent infringement cases. Unclean hands, misuse, or estoppel can render a potential verdict unenforceable. CPIP Edison Fellow and Assistant Professor of Law … Continue reading “Christa Laser on Patent Law’s Equitable Defenses”

CPIP 2020 Fall Conference: Day Two Recap

The following post comes from Wade Cribbs, a 2L at Scalia Law and a Research Assistant at CPIP. This is the second of two posts (see day one recap) summarizing our two-day 5G at the Nexus of IP, Antitrust, and Technology Leadership conference that was held online from George Mason University Antonin Scalia Law School … Continue reading “CPIP 2020 Fall Conference: Day Two Recap”

CPIP 2020 Fall Conference: Day One Recap

The following post comes from Terence Yen, a 4E at Scalia Law and a Research Assistant at CPIP. This is the first of two posts (see day two recap) summarizing our two-day 5G at the Nexus of IP, Antitrust, and Technology Leadership conference that was held online from George Mason University Antonin Scalia Law School … Continue reading “CPIP 2020 Fall Conference: Day One Recap”

Mark Schultz: Weaker Patent Protection Leads to Less Venture Capital Investment

The following post comes from David Ward, a 2L at Scalia Law and a Research Assistant at CPIP. By David Ward Venture capitalists pouring money into a small startup has become a sort of new American Dream for many innovators. The success stories of big American companies starting with nothing more than an idea have … Continue reading “Mark Schultz: Weaker Patent Protection Leads to Less Venture Capital Investment”

New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t

CPIP has published a new policy brief by CPIP Senior Fellow for Innovation Policy Jonathan Barnett entitled The Long Shadow of the Blackberry Shutdown That Wasn’t. The policy brief looks at how the Blackberry litigation and the “patent troll” narrative ultimately contributed to the Supreme Court’s 2006 decision in eBay v. MercExchange that limited the … Continue reading “New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t”

New Paper Looks at “Ill-Advised Legislative Proposals” to Address Pharmaceutical “Evergreening”

The following post comes from Yumi Oda, an LLM Candidate at Scalia Law and a Research Assistant at CPIP. By Yumi Oda Many believe that drug prices in the U.S. are unnecessarily high because the pharmaceutical industry is exploiting legal loopholes and acquiring dubious patents to extend protection and delay generics from entering the market … Continue reading “New Paper Looks at “Ill-Advised Legislative Proposals” to Address Pharmaceutical “Evergreening””

New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach

What if there is a way for a patent applicant to obtain a “gold-plated patent” that is immune to administrative cancellation before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (PTO)? This intriguing notion is the subject of a recent paper by Professor Michael S. Greve of Scalia Law, … Continue reading “New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach”

New York Times Recycles Discredited Positions on Government Patent Rights over Pharmaceuticals

By Sean O’Connor The New York Times is at it again. A year after its Editorial Board promoted flawed research on government rights to patented drugs as part of a price control plan, the Board floated the idea again, together with misinformation about the Bayh-Dole Act. Advocates looking for a magic bullet to reduce drug … Continue reading “New York Times Recycles Discredited Positions on Government Patent Rights over Pharmaceuticals”