Scratching my Head Over the SHIELD Act

By Michael Risch [The following is a blog posting by Michael Risch, a patent law scholar at Villanova Law School, that he originally posted on March 10, 2013 at the law professor group blog, Madisonian.net, where Professor Risch regularly blogs.  Professor Risch kindly gave us permission to repost his blog posting here.] Scratching my Head Over the … Continue reading “Scratching my Head Over the SHIELD Act”

Patented Innovation and Patent Wars: Some Historical Perspective

[This was originally posted at IBM’s A Smarter Planet Blog on January 11, 2013.] The America Invents Act (AIA) was signed into law in September 2011, and it is rightly recognized as “the most significant reform of the U.S. patent system since 1836.”  The AIA’s provisions are not even fully implemented yet — its ink … Continue reading “Patented Innovation and Patent Wars: Some Historical Perspective”

Where Are the Creators? Consider Creators in Copyright Reform

Note:  This post was cross-posted at the CATO Unbound on 2/1/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that favor to consider the importance of creators. … Continue reading “Where Are the Creators? Consider Creators in Copyright Reform”

Today’s Software Patents Look a Lot Like Early Pharma Patents

[Cross Posted to Truth on the Market] The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that software patents are … Continue reading “Today’s Software Patents Look a Lot Like Early Pharma Patents”

The “Patent Litigation Explosion” Canard

[Cross Posted to Truth on the Market on October 18, 2012] We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents.  It’s become so commonplace that this phrase garners over 1.3 million hits … Continue reading “The “Patent Litigation Explosion” Canard”

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

[Cross Posted to Truth on the Market on December 12, 2012] In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements.  Thus, for instance, libertarian law professor, Tom … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)”

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)

[Cross Posted to Truth on the Market on December 7, 2012] In libertarian critiques of intellectual property (IP) rights, such as copyrights and patents, it’s common to the hear the claim that “traditional property rights in land” is based in inductive, ground-up “common law court decisions,” but that IP rights are top-down, artificial statutory entitlements.  … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)”

Some Historical Perspective on Today's High-Tech Patent Wars

[Cross Posted at Truth on the Market on October 9, 2012] The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg … Continue reading “Some Historical Perspective on Today's High-Tech Patent Wars”

Copyright Reform Through Private Ordering

Note:  This post was cross-posted at the CATO Unbound on 1/14/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that fail to understand how copyright’s nature as … Continue reading “Copyright Reform Through Private Ordering”

Copyright, Economic Freedom and the RSC Policy Brief

Cross-posted to the Copyright Alliance Blog A few days ago, the Republican Study Committee signaled, and then retreated from, a vast change in the GOP’s attitude toward copyright. It released and then retracted a now infamous policy brief entitled “Three Myths about Copyright Law and Where to Start to Fix It.” This RSC Policy Brief … Continue reading “Copyright, Economic Freedom and the RSC Policy Brief”