Essays & Op-Eds

CPIP scholars play an active role in the intellectual property policy debate, writing numerous op-eds and essays about intellectual property rights and the technological, commercial, and creative innovation they facilitate. These essays and op-eds have been published in a wide variety of media sources.

Below are some selected highlights.


2017 Essays & Op-Eds

Gleb Savich
Embrace Infant Warmers Help Save Lives of Preterm Babies in Developing Countries
CPIP Blog
December 7, 2017

Devlin Hartline
CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101
CPIP Blog
December 6, 2017

Erika Lietzan
FDA Law SSRN Reading List – October and November (Part 2 of 2)
Objective Intent
December 5, 2017

Erika Lietzan
FDA Law SSRN Reading List – October and November (Part 1 of 2)
Objective Intent
December 3, 2017

Kevin Madigan
A New NAFTA Must Protect the Rights of Copyright Owners and Creators
Mister Copyright
November 30, 2017

Kristen Osenga
Supreme Court Must Reinforce US as Preeminent Innovation Superpower
The Hill
November 27, 2017

Kevin Madigan
Debunking Criticism of the Copyright Small Claims Act
Mister Copyright
November 20, 2017

Alex Summerton
CPIP Fall Conference Papers Highlight How Intellectual Property Rights Promote Global Prosperity
CPIP Blog
November 17, 2017

Alex Summerton
Miriam Bridges the Gap Between Developing-World Infrastructure and Cancer Detection
CPIP Blog
November 7, 2017

Mark Schultz
Digital Age Changes All the Rules on Intellectual Property
The Hill
November 6, 2017

Erika Lietzan
Thoughts on “Reciprocal Marketing Approval”
Objective Intent
November 3, 2017

Nick Churchill
Nutriset Uses Patents and Trademarks to Fight Severe Malnutrition Across the Globe
CPIP Blog
October 31, 2017

Kevin Madigan
Pulitzer Prize-Winning Author T.J. Stiles Makes the Case for Copyright
CPIP Blog
October 30, 2017

Erika Lietzan
FDA Law SSRN Reading List (September 2017)
Objective Intent
October 28, 2017

Erika Lietzan
Hatch-Waxman Comments – Status Report (Part II)
Objective Intent
October 23, 2017

Erika Lietzan
Hatch-Waxman Comments – Status Report (Part I)
Objective Intent
October 17, 2017

Kevin Madigan
<em>Small Claims Bill Aims to Empower Copyright Owners and Creators
Mister Copyright
October 16, 2017

Erika Lietzan
Data Exclusivity for Medical Devices
Objective Intent
October 10, 2017

Adam Mossoff & David Lund
The Problems With the PTAB
IAM Magazine
October 1, 2017

Kristen Osenga
The Patent Conundrum
Washington Times
October 1, 2017

Kevin Madigan
New Report Highlights Danger of Stream-Based Infringement
Mister Copyright
September 23, 2017

Kevin Madigan
Register of Copyrights Selection and Accountability Act: A Step Towards a Modern Copyright Office
Copyright & New Media Law
Fall 2017

Erika Lietzan
FDA Law SSRN Reading List (August 2017)
Objective Intent
September 14, 2017

Adam Mossoff
Patent Unfairness
RealClearPolitics
September 9, 2017

Erika Lietzan
FDA’s Reliance on User Fees
Objective Intent
September 4, 2017

Kevin Madigan
Stream Ripping Emerges as the New Face of Music Piracy
Mister Copyright
August 31, 2017

David Lund
CPIP Founder Adam Mossoff Files Amicus Brief on Behalf of 27 Law Professors in Oil States
CPIP Blog
August 31, 2017

Andrew Levey
New Oxygen Machine Technology Confronts Blackouts in Emerging Nations
CPIP Blog
August 30, 2017

Kevin Madigan
Mayweather v. McGregor Warrants Preemptive Anti-Piracy Efforts
CPIP Blog
August 23, 2017

Erika Lietzan
ANDAs Before Hatch-Waxman
Objective Intent
August 19, 2017

Devlin Hartline
Court Confirms the Obvious: Aiding and Abetting Criminal Copyright Infringement Is a Crime
Law Theories
August 16, 2017

Devlin Hartline
The PTAB’s Regulatory Overreach and How it Cripples the Innovation Economy
CPIP Blog
August 16, 2017

Kevin Madigan
CPIP Affiliate Scholar Erika Lietzan Testifies at HJC Hearing on FDA Approval Process
CPIP Blog
August 15, 2017

Gabrielle Eriquez
Nanobiosym’s Gene-RADAR Brings Real-Time Results for Zika Testing
CPIP Blog
August 7, 2017

Erika Lietzan
FDA Law SSRN Reading List (July 2017)
Objective Intent
August 1, 2017

Kevin Madigan
Richard Prince and the Increasingly Permissive Treatment of Infringement
Mister Copyright
July 31, 2017

Erika Lietzan
The Unapproved Drugs Conundrum
Objective Intent
July 24, 2017

Kevin Madigan
International Trade Administration Report Highlights Strong Markets, Persistent Piracy
CPIP Blog
July 18, 2017

Ted Sichelman
Does The Supreme Court Understand The Innovation Economy?
Forbes
July 12, 2017

Erika Lietzan
Could FDA Enforce the “Requirement” to Provide the Biosimilar Marketing Application?
Objective Intent
July 5, 2017

Bhamati Viswanathan
GRIT Leveraged Freedom Chair Brings Mobility to Developing World
CPIP Blog
July 5, 2017

Nick Churchill
Treating Neonatal Jaundice in the Developing World with D-Rev’s Brilliance
CPIP Blog
June 27, 2017

Kevin Madigan
Judgment Against Sci-Hub is a Win for Authors and Publishers
CPIP Blog
June 27, 2017

Erika Lietzan
Origins of the Theory that the “Patent Dance” Might Not Be Required: Omission of Process Patents
Objective Intent
June 27, 2017

Ted Sichelman
Sometimes, Information Wants To Be Expensive
Jotwell
June 26, 2017

Kevin Madigan
As Investment Moves Overseas, the US Must Restore its Gold-Standard Patent System
CPIP Blog
June 22, 2017

David Lund
The STRONGER Patents Act: Important Legislation to Protect Our Innovation Economy
CPIP Blog
June 21, 2017

Erika Lietzan
Sandoz v. Amgen: What The Court Settled, What It Didn’t, And What Might Come Next
Health Affairs Blog
June 19, 2017

Erika Lietzan
Supporting FDA Product Reviews with User Fees Alone
Objective Intent
June 17, 2017

Kevin Madigan
Alliance for Creativity and Entertainment (ACE) Unites to Fight Online Piracy
CPIP Blog
June 14, 2017

David Lund
CPIP Co-Founder Testifies at House Judiciary Committee Hearing on IP
CPIP Blog
June 13, 2017

David Lund & Matthew Barblan
Leveling the Antitrust Playing Field
Washington Times
June 11, 2017

Erika Lietzan
(FDA) User Fee Churn
Notice & Comment
June 11, 2017

Erika Lietzan
Demystifying Drug Importation after Impression v. Lexmark
Patently-O
June 6, 2017

Mark Schultz
Innovation: History’s Great Free Lunch
WIPO Magazine
June 2017

Kevin Madigan
Increase in IP-based Extortion Reveals True Nature of Piracy
Mister Copyright
May 31, 2017

David Lund & Matthew Barblan
Foreign Antitrust Regulators Are Threatening American Innovation
CPIP Blog
May 17, 2017

Mandi Hart
From Star Wars to La La Land: How Intellectual Property Fuels Films
CPIP Blog
May 11, 2017

Adam Mossoff & Bhamati Viswanathan
Explaining Efficient Infringement
CPIP Blog
May 11, 2017

Kevin Madigan
In Defense of an Inclusive IP Conversation
CPIP Blog
May 9, 2017

CPIP Staff
New CPIP Policy Brief: Open-Access Mandates and the Seductively False Promise of “Free”
CPIP Blog
May 4, 2017

Kevin Madigan
An Ever-Weakening Patent System is Threatening the Future of American Innovation
CPIP Blog
April 28, 2017

CPIP Staff
CPIP Publishes Prof. John F. Witherspoon’s Tribute to the Late Judge Giles S. Rich
CPIP Blog
April 27, 2017

CPIP Staff
CPIP & ITIF Launch “Innovate4Health” Policy Research Initiative
CPIP Staff
April 26, 2017

Devlin Hartline
The Drug Innovation Paradox: Matching Incentives to Market Realities
CPIP Blog
April 19, 2017

Jaci Arthur
Meeting the Needs of Rural Africa with Fyodor’s Point-of-Care Testing for Malaria
CPIP Blog
April 17, 2017

David Lund
Junk Science Used to Erode Innovation-Fueling Patent Laws
The Hill
April 9, 2017

David Lund
The Lawless Body – “Prior Judicial Opinions Did Not Bind the PTAB”
CPIP Blog
April 6, 2017

David Lund
Protecting Patients with VanishPoint Retractable Syringes
CPIP Blog
March 30, 2017

Kevin Madigan
Register of Copyrights Selection and Accountability Act is First Step Towards a Modern Copyright Office
CPIP Blog
March 29, 2017

Devlin Hartline
Another Huge Setback in CloudFlare’s Quixotic Campaign to Protect Pirate Sites
CPIP Blog
March 28, 2017

David Lund
Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation
CPIP Blog
March 28, 2017

Bhamati Viswanathan
Event Recap: Great Inventors and the Patent System
CPIP Blog
March 20, 2017

Kevin Madigan
mPedigree Battles Counterfeit Drugs Through Innovative Verification System
CPIP Blog
March 17, 2017

Kevin Madigan
Kodi Software Enabling Widespread Copyright Infringement
CPIP Blog
March 15, 2017

Adam Mossoff
Patents Are Property Rights, Not A “Bizarre Regulatory Lobby”
Townhall
March 13, 2017

Maryna Koberidze
Eye Exams On-the-Go with PEEK
CPIP Blog
March 10, 2017

Bhamati Viswanathan
Global Good’s “Arktek”: A Life-Saving Super-Thermos Vaccine Cooler
CPIP Blog
March 9, 2017

Devlin Hartline
CPIP Scholars Ask Supreme Court to Resist Call to Restrict Venue Choices for Patent Owners
CPIP Blog
March 9, 2017

Kevin Madigan
Trusted Notifier Program Defended Against Misleading Rhetoric
CPIP Blog
March 2, 2017

Devlin Hartline
CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. Google
CPIP Blog
February 28, 2017

David Lund
44 Law, Economics, and Business Professors Urge Supreme Court to take Presumptive Approach to Patent Exhaustion
CPIP Blog
February 24, 2017

Bhamati Viswanathan
Shaping Fair Use to Promote Fair Markets
CPIP Blog
February 24, 2017

Rebecca Cusey
Oracle v. Google: Expansive Fair Use Harms Creators
CPIP Blog
February 23, 2017

Kevin Madigan
What Would Judge Gorsuch Mean for Fair Use?
CPIP Blog
February 23, 2017

Kevin Madigan
CPIP Scholars Join Open Letter Providing IP Guidance for New Administration and Congress
CPIP Blog
February 22, 2017

Erika Lietzan
How Colombia’s Biosimilar Regulation Departs From International Norms
PAHO Pan American Journal of Public Health
February 22, 2017

David Lund
CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole
CPIP Blog
February 21, 2017

Bhamati Viswanathan
Can Copyright Help Fight Censorship in China?
CPIP Blog
February 17, 2017

David Lund
IPO Publishes Analysis of Recently Released Legislative Proposal
CPIP Blog
February 16, 2017

Devlin Hartline
SONA and Songwriters Fight DOJ’s Misguided 100% Licensing Rule
CPIP Blog
February 9, 2017

Devlin Hartline
CPIP Founders File Amicus Brief on Behalf of 11 Law Professors in Converse v. ITC
CPIP Blog
February 3, 2017

David Lund
IPO Proposes Legislative Solution to the Morass of Patent Eligibility
CPIP Blog
February 1, 2017

Kevin Madigan
IP Scholars Explain Why We Shouldn’t Use SurveyMonkey to Select Our Next Register of Copyrights
CPIP Blog
January 31, 2017

Maryna Koberidze
How IP Helps Individuals
CPIP Blog
January 25, 2017

Andrew Baluch & Devlin Hartline
Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees
CPIP Blog
January 23, 2017

David Lund
Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents
CPIP Blog
January 19, 2017

Maryna Koberidze
Creative Upstarts and Startups: How IP Creates Opportunities and Opens Doors
CPIP Blog
January 11, 2017

CPIP Staff
CPIP, USPTO, & Lemelson Center Host “Great Inventors” Panel Discussion at American History Museum
CPIP Blog
January 10, 2017


2016 Essays & Op-Eds

Kevin Madigan
Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System
CPIP Blog
December 19, 2016

David Lund
Congress Can Save Software Patents by Repeating One of Its Successes
IPWatchdog
December 11, 2016

Adam Mossoff & Charles Sauer
Congress Saved Software in 1980, and It Should Do It Again Today
The Weekly Standard
December 10, 2016

David Lund
Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System
CPIP Blog
December 9, 2016

David Lund
New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule
CPIP Blog
December 8, 2016

Ryan Holte
Patent Submission Policies: Is it Time to Reconsider Commercialization Communications?
IPWatchdog
November 14, 2016

David Lund
New Paper Addresses Flaws in Patent Holdup Theory
CPIP Blog
November 9, 2016

Kevin Madigan
Digital Single Market Must Protect the Rights of All Authors and Publishers
Mister Copyright
October 31, 2016

David Lund
Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines
CPIP Blog
October 27, 2016

Mark Schultz & Kevin Madigan
It’s Time to Fix the Global Patent System Before It Breaks Under the Weight of New Applications
IPWatchdog
October 24, 2016

CPIP Staff
New CPIP Report: The Global Patent Pendency Problem
CPIP Blog
October 24, 2016

Kristen Osenga
The FTC’s PAE Study: Doing More Harm Than Good
IPWatchdog
October 20, 2016

Kevin Madigan
Content Thief Turned Content Creator Rails Against Piracy
Mister Copyright
October 15, 2016

Devlin Hartline
Second Circuit Brings Some Sanity Back to Transformative Fair Use
CPIP Blog
October 13, 2016

Adam Mossoff
Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung
CPIP Blog
October 12, 2016

Devlin Hartline
FTC’s PAE Study Makes Unsupported Recommendations
CPIP Blog
October 6, 2016

Kevin Madigan
Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters
Mister Copyright
September 28, 2016

Devlin Hartline
Professors Mislead FCC on Basic Copyright Law
CPIP Blog
September 28, 2016

Kevin Madigan
UNITAID’s Request for Suggestions on Breaking Down IP Barriers Ignores Harmful Patent Delay
CPIP Blog
September 26, 2016

Devlin Hartline
Criminal Copyright Infringement is Crime of “Moral Turpitude”
Law Theories
September 26, 2016

Devlin Hartline
Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible
CPIP Blog
September 16, 2016

Kevin Madigan
European Union Draws a Line on Infringing Hyperlinks
Mister Copyright
September 12, 2016

CPIP Staff
Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief
CPIP Blog
September 13, 2016

Sean O’Connor
Google Magenta’s AI Melody and 4 Canadian Songwriters
Means of Innovation
August 29, 2016

Kevin Madigan
Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners
CPIP Blog
August 24, 2016

Sean O’Connor
Update to Music Remixing vs. Remastering
Means of Innovation
August 22, 2016

Devlin Hartline
CloudFlare’s Desperate New Strategy to Protect Pirate Sites
CPIP Blog
August 17, 2016

Bhamati Viswanathan
The European Union Extends Copyright in Design—and Critics Balk (Yet Again)
CPIP Blog
August 15, 2016

Sean O’Connor
Music Remixing vs. Remastering: What Was Licensed in the ABS v. CBS Lawsuit?
Means of Innovation
August 1, 2016

CPIP Staff
Law Professors & Economists Urge Caution on VENUE Act in Letter to Congress
CPIP Blog
August 1, 2016

Bhamati Viswanathan
CPIP Scholars File Amicus Brief in Trading Technologies v. CQG
CPIP Blog
July 29, 2016

Kevin Madigan
Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue
CPIP Blog
July 27, 2016

Kevin Madigan
The Dangerous Combination of Content Theft and Malware
Mister Copyright
July 24, 2016

Adam Mossoff & Kevin Madigan
Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine
CPIP Blog
July 14, 2016

Adam Mossoff
The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
Truth on the Market
July 6, 2016

Erika Lietzan, Kevin Madigan, & Mark Schultz
Proposed CREATES Act Threatens Patent Owners’ Rights
CPIP Blog
July 5, 2016

Devlin Hartline
Do As I Say, Not As I Do: Google’s Patent Transparency Hypocrisy
CPIP Blog
June 30, 2016

Matthew Barblan & Kevin Madigan
Three Years Later, DMCA Still Just as Broken
CPIP Blog
June 30, 2016

Sean O’Connor
No Stairway (Infringement) and the Importance of Shared Design Tools in Innovation
Xconomy
June 29, 2016

Devlin Hartline
Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo
CPIP Blog
June 28, 2016

Devlin Hartline & Kevin Madigan
How Strong Patents Make Wealthy Nations
CPIP Blog
June 24, 2016

Kevin Madigan
Advertiser Pledge Sets Example of Accountability in the Fight Against Piracy
Mister Copyright
June 23, 2016

Devlin Hartline
Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases
IPWatchdog
June 22, 2016

Sean O’Connor
Why “Stairway to Heaven” Doesn’t Infringe “Taurus” Copyright: Analysis & Demo of “Scenes a Faire” Motif Common to Both
Means of Innovation
June 15, 2016

CPIP Staff
IP Scholars to FCC: It’s Not About “The Box”
CPIP Blog
June 15, 2016

Kevin Madigan
Radiohead Video Makes Unauthorized Use of Fictional Characters
Mister Copyright
June 9, 2016

Matthew Barblan & Kevin Madigan
FCC’s Extreme Proposal Threatens the Livelihood of Creators
CPIP Blog
May 25, 2016

Kevin Madigan
Google Image Search and the Misappropriation of Copyrighted Images
Mister Copyright
May 2, 2016

Kevin Madigan & Devlin Hartline
Copyright Policy Should Be Based On Facts, Not Rhetoric
IPWatchdog
April 29, 2016

Mark Schultz & Philip Stevens
How Canada’s Catch-22 Drug-Patent Laws are Stifling Innovation
Financial Post
April 28, 2016

Kevin Madigan & Devlin Hartline
Separating Fact from Fiction in the Notice and Takedown Debate
CPIP Blog
April 25, 2016

Devlin Hartline
Acknowledging the Limitations of the FTC’s PAE Study
CPIP Blog
April 25, 2016

Sandra Aistars
A New Librarian of Congress and a New Copyright Office
CPIP Blog
April 20, 2016

Kristen Osenga
Why the FTC Study on PAEs is Destined to Produce Incomplete and Inaccurate Results
IPWatchdog
April 20, 2016

Sandra Aistars
Intellectual Property Professors Call on Congress to Modernize the Copyright Office
IPWatchdog
April 15, 2016

Rebecca Cusey
Middle Class Artists Want a DMCA System That Works
CPIP Blog
April 1, 2016

Devlin Hartline
Copyright Scholars: Courts Have Disrupted the DMCA’s Careful Balance of Interests
CPIP Blog
April 1, 2016

Adam Mossoff
Weighing the Patent System
Washington Times
March 24, 2016

Devlin Hartline
Changes to Patent Venue Rules Risk Collateral Damage to Innovators
CPIP Blog
March 22, 2016

Adam Mossoff & Devlin Hartline
No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful
The Hill
March 9, 2016

Chris Holman
Copyright for Engineered DNA (Part 1, Part 2, Part 3)
GQ Life Sciences
February 23 – March 8, 2016

Kevin Madigan
Artur Fischer’s Life Illustrates the Power of Invention
CPIP Blog
February 9, 2016

Devlin Hartline
Attacking the Notice-and-Staydown Straw Man
CPIP Blog
February 3, 2016

Kristen Osenga
Patent ‘Reform’: What We Need First Is A Role Reversal
ACSblog
January 26, 2016

Devlin Hartline
Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated
CPIP Blog
January 17, 2016

Devlin Hartline
Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense
CPIP Blog
January 14, 2016

Rebecca Cusey
Jennifer Lawrence Movie “Joy” Highlights the Need for Patent Protection
CPIP Blog
January 7, 2016

Devlin Hartline
How Patents Help Startups Grow, Innovate, and Succeed
CPIP Blog
January 6, 2016


Past Essays & Op-Eds

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