George Mason University Antonin Scalia Law School

Supreme Court Recognizes that Patents are Property

By Adam Mossoff

Supreme Court Building, Washington, D.C.In an important decision handed down today, the Supreme Court explicitly recognized that patents are property secured by the Fifth Amendment Takings Clause. In Horne v. Department of Agriculture, the Court held that the Takings Clause imposes a “categorical duty” on the government to pay just compensation whether it takes personal or real property. Read more