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”

Supreme Court Recognizes that Patents are Property

By Adam Mossoff 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 … Continue reading “Supreme Court Recognizes that Patents are Property”